| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Dec 22, 2015 | signed chap.572 |
| Dec 16, 2015 | delivered to governor |
| Jun 01, 2015 | returned to assembly passed senate substituted for s4845 |
| Jun 01, 2015 | substituted by a6264 |
| May 04, 2015 | advanced to third reading |
| Apr 29, 2015 | 2nd report cal. |
| Apr 28, 2015 | 1st report cal.453 |
| Apr 22, 2015 | referred to judiciary |
senate Bill S4845
Signed By Governor2015-2016 Legislative Session
Sponsored By
John J. Bonacic
(R, C, IP) 0 Senate District
Archive: Last Bill Status Via A6264 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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S4845 (ACTIVE) - Details
S4845 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4845 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 amend CPLR 2103(0(1) to repeal its requirement that papers served by mail upon an attorney in a pending action be mailed within the State of New York. This measure also would amend CPLR 2103(b)(2) to extend 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 but within the geographic boundaries of the United States. 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 has suggested to us that CPLR 2103(b)(6), the rule regarding service upon an attorney via dispatch by overnight delivery service, does not require such dispatch to be made within the State, only that the service regularly accept items for overnight delivery within the
S4845 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4845
2015-2016 Regular Sessions
I N S E N A T E
April 22, 2015
___________
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 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.
LBD07370-02-5
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