Senate Bill S4578

2011-2012 Legislative Session

Relates to service of papers

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S4578 (ACTIVE) - Details

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

2011-S4578 (ACTIVE) - 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.

2011-S4578 (ACTIVE) - Sponsor Memo

2011-S4578 (ACTIVE) - 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
              

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