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Assembly Bill A6835

2011-2012 Legislative Session

Relates to service of papers

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2011-A6835 (ACTIVE) - Details

See Senate Version of this Bill:
S4578
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2103, CPLR

2011-A6835 (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-A6835 (ACTIVE) - Bill Text download pdf 

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

                                  6835

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M.  of A. SIMOTAS, WEINSTEIN, TITONE, WEPRIN, ZEBROWSKI,
  BRONSON, COOK, GALEF, JAFFEE, MARKEY, STEVENSON -- Multi-Sponsored  by
  --  M.  of  A.  ABINANTI, BING, COLTON -- (at request of the Office of
  Court Administration) -- read once and referred 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

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

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