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Assembly Bill A5142

2013-2014 Legislative Session

Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit

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Archive: Last Bill Status - On Floor Calendar

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2013-A5142 (ACTIVE) - Details

See Senate Version of this Bill:
S6444
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1725
2011-2012: A2061
2015-2016: A447, S719
2017-2018: A2540, S1090
2019-2020: A784, S877
2021-2022: A197, S3049
2023-2024: A6065, S2997

2013-A5142 (ACTIVE) - Summary

Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner").

2013-A5142 (ACTIVE) - Bill Text download pdf 

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

                                  5142

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. GOTTFRIED, PAULIN -- Multi-Sponsored by -- M. of
  A. BOYLAND -- read once and referred to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to  chang-
  ing  reference  from  physician,  osteopath  or dentist to health care
  practitioner

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

  Section  1.  Rule 2106 of the civil practice law and rules, as amended
by judicial conference proposal No. 3 for the year 1973, is  amended  to
read as follows:
  Rule  2106. Affirmation of truth of statement by attorney[, physician,
osteopath or dentist] OR HEALTH CARE PRACTITIONER.  The statement of  an
attorney  admitted  to  practice  in  the  courts  of the state, or of a
[physician, osteopath or dentist] HEALTH CARE  PRACTITIONER,  authorized
by TITLE EIGHT OF THE EDUCATION law to practice in the state, who is not
a  party  to an action, when subscribed and affirmed by him OR HER to be
true under the penalties of perjury, may  be  served  or  filed  in  the
action in lieu of and with the same force and effect as an affidavit.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01215-01-3

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