senate Bill S4578

2011-2012 Legislative Session

Relates to service of papers

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.624
Jan 04, 2012 referred to judiciary
Jun 24, 2011 committed to rules
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.442
Apr 12, 2011 referred to judiciary

Votes

view votes

May 1, 2012 - Judiciary committee Vote

S4578
20
0
committee
20
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

May 3, 2011 - Judiciary committee Vote

S4578
22
0
committee
22
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Co-Sponsors

S4578 - Details

See Assembly Version of this Bill:
A6835
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2103, CPLR

S4578 - Summary

Relates to service of papers; amends the definition of "mailing" to allow mailing from outside of the state; provides that six days shall be added to a prescribed period when service is made by mail from outside the state; requires a stipulation prior to service by facsimile on an attorney.

S4578 - Sponsor Memo

S4578 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4578

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  service of papers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  2 of subdivision (b) of rule 2103 of the civil
practice law and rules, as separately amended by chapters 461 and 478 of
the laws of 1989, is amended to read as follows:
  2. by mailing the paper to the attorney at the address  designated  by
that  attorney for that purpose or, if none is designated, at the attor-
ney's last known address; service by mail shall be complete  upon  mail-
ing;  where  a  period  of  time  prescribed by law is measured from the
service of a paper and service is by mail, five days shall be  added  to
the  prescribed  period  IF THE MAILING IS MADE WITHIN THE STATE AND SIX
DAYS IF MADE FROM OUTSIDE THE STATE; or
  S 2. Paragraph 5 of subdivision (b) of rule 2103 of the civil practice
law and rules, as amended by chapter 367 of the laws of 1999, is amended
to read as follows:
  5. by transmitting the paper  to  the  attorney  by  facsimile  trans-
mission, provided that a facsimile telephone number is designated by the
attorney  for  that  purpose BY A STIPULATION IN THE ACTION IN WHICH THE
FACSIMILE SERVICE IS TO OCCUR.  Service by facsimile transmission  shall
be  complete  upon the receipt by the sender of a signal from the equip-
ment of  the  attorney  served  indicating  that  the  transmission  was
received,  and the mailing of a copy of the paper to that attorney. [The
designation of  a  facsimile  telephone  number  in  the  address  block
subscribed  on  a  paper  served  or filed in the course of an action or
proceeding shall constitute consent to service by facsimile transmission
in accordance  with  this  subdivision.]  An  attorney  may  change  [or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09311-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.