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 |
Senate Bill S4578
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
co-Sponsors
(D, WF) Senate District
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
BILL NUMBER:S4578 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the service of papers This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. This measure would repeal the language in CPLR 2103 (f)(1) that requires that papers served by mail upon an attorney in a pending action be mailed within the State of New York. This measure also extends by one day, to six days, the prescribed period of time for response to such papers when they are served by mail from outside the State. We take particular note of a recent decision by the Appellate Division, First Department, holding service by mail made outside the State insufficient (M. Entertainment, Inc. v. Leydier (2009 NY Slip Op 04169) (May 28,2009) (reversed on other grounds, 2009 NY Slip Op 07671 (October 27,2009)). In response, our Advisory Committee points out that CPLR 2103(b)(6), the rule regarding service upon an attorney via dispatch by overnight delivery service, does not require
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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