senate Bill S4581

Signed By Governor
2011-2012 Legislative Session

Relates to time of service, time in which defect in form must be raised, copy of proposed amended pleading, and the time of voluntary discontinuances

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 signed chap.473
Aug 05, 2011 delivered to governor
Jun 06, 2011 returned to senate
passed assembly
ordered to third reading rules cal.72
substituted for a7466
Jun 02, 2011 referred to codes
delivered to assembly
passed senate
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.443
Apr 12, 2011 referred to judiciary

S4581 - Details

See Assembly Version of this Bill:
A7466
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง306-b, RR2101, 3025 & 3217, CPLR
Versions Introduced in 2009-2010 Legislative Session:
A8318A

S4581 - Summary

Relates to time of service, time in which defect in form must be raised, copy of proposed amended pleading, and the time of voluntary discontinuances.

S4581 - Sponsor Memo

S4581 - Bill Text download pdf

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

                                  4581

                       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
  time of service, the time in which a defect in form must be raised,  a
  copy  of a proposed amended pleading and the time of voluntary discon-
  tinuances

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

  Section  1.  Section  306-b  of  the  civil practice law and rules, as
amended by chapter 473 of the laws  of  2001,  is  amended  to  read  as
follows:
  S  306-b.  Service  of the summons and complaint, summons with notice,
third-party summons and complaint, or petition with a notice of petition
or order to show cause. Service of the summons  and  complaint,  summons
with  notice,  third-party  summons  and  complaint,  or petition with a
notice of petition or order to show  cause  shall  be  made  within  one
hundred  twenty  days  after  the  [filing of the summons and complaint,
summons with notice, third-party summons  and  complaint,  or  petition]
COMMENCEMENT  OF THE ACTION OR PROCEEDING, provided that in an action or
proceeding, except a proceeding commenced under the election law,  where
the  applicable  statute  of limitations is four months or less, service
shall be made not later than fifteen days after the date  on  which  the
applicable  statute of limitations expires.  If service is not made upon
a defendant within the time provided in this section,  the  court,  upon
motion, shall dismiss the action without prejudice as to that defendant,
or  upon good cause shown or in the interest of justice, extend the time
for service.
  S 2. Subdivision (f) of rule 2101 of the civil practice law and  rules
is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09307-01-1

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