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Assembly Bill A447

2015-2016 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 - In Assembly Committee

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2015-A447 (ACTIVE) - Details

See Senate Version of this Bill:
S719
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1725
2011-2012: A2061
2013-2014: A5142, S6444
2017-2018: A2540, S1090
2019-2020: A784, S877
2021-2022: A197, S3049
2023-2024: A6065, S2997

2015-A447 (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").

2015-A447 (ACTIVE) - Bill Text download pdf 

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

                                   447

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of A. GOTTFRIED, PAULIN -- 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 chapter 380 of the laws of 2014, is amended to read as follows:
  Rule 2106. Affirmation of truth of statement. (a) 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.
  (b)  The  statement  of  any  person,  when  that person is physically
located outside the geographic boundaries of the United  States,  Puerto
Rico,  the  United  States  Virgin  Islands, or any territory or insular
possession subject to the jurisdiction of the United States,  subscribed
and  affirmed  by that person to be true under the penalties of perjury,
may be used in an action in lieu of and with the same force  and  effect
as  an affidavit. Such affirmation shall be in substantially the follow-
ing form:
  I affirm this ___ day of ______, ____, under the penalties of  perjury
under  the  laws  of New York, which may include a fine or imprisonment,
that I am physically located outside the geographic  boundaries  of  the
United  States,  Puerto  Rico,  the United States Virgin Islands, or any
territory or insular possession  subject  to  the  jurisdiction  of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02785-01-5

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