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Assembly Bill A9763

2013-2014 Legislative Session

Provides time frames within which service by mailing must be made both within and without the state

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2013-A9763 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2103, CPLR
Versions Introduced in 2015-2016 Legislative Session:
A6264

2013-A9763 (ACTIVE) - Summary

Provides time frames within which service by mailing must be made both within and without the state.

2013-A9763 (ACTIVE) - Bill Text download pdf 

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

                                  9763

                          I N  A S S E M B L Y

                              May 20, 2014
                               ___________

Introduced  by  M. of A. SIMOTAS, WEINSTEIN -- (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  SHALL  BE  ADDED IF THE MAILING IS MADE FROM OUTSIDE THE STATE BUT
WITHIN THE GEOGRAPHIC BOUNDARIES OF THE UNITED STATES; or
  S 2. Paragraph 1 of subdivision (f) 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:
  1. "Mailing" means the deposit of a paper enclosed in  a  first  class
postpaid  wrapper,  addressed  to the address designated by a person for
that purpose or, if none is designated,  at  that  person's  last  known
address,  in  a  post  office or official depository under the exclusive
care and custody of the United States Postal Service within the  [state]
UNITED STATES;
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14331-02-4

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