S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8127
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT to amend the judiciary law, the civil practice law and rules and
   chapter 237 of the laws of 2015 amending the judiciary law, the  civil
   practice  law  and  rules and other laws relating to use of electronic
   means for the commencement and filing of papers in certain actions and
   proceedings, in relation to  the  use  of  electronic  means  for  the
   commencement and filing of papers in certain actions and proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (A) of subparagraph (i) of paragraph (t) of subdivi-
 sion 2 of section 212 of the judiciary law, as added by chapter  237  of
 the laws of 2015, is amended to read as follows:
   (A)  Not  later than [April] FEBRUARY first in each calendar year, the
 chief administrator of the courts shall submit to the  legislature,  the
 governor  and  the  chief  judge  of  the  state a report evaluating the
 state's experience with programs in the use of electronic means for  the
 commencement of actions and proceedings and the service of papers there-
 in  as authorized by law and containing such recommendations for further
 legislation as he or she shall deem appropriate. In the  preparation  of
 such  report,  the  chief  administrator  shall consult with each county
 clerk in whose county a program has been implemented in civil  cases  in
 the  supreme  court,  the  advisory  committees  established pursuant to
 subparagraphs (ii) through (vi) of this  paragraph,  the  organized  bar
 including but not limited to city, state, county and women's bar associ-
 ations;  the  office  of  indigent  legal  services; institutional legal
 service providers; not-for-profit legal service providers; public defen-
 ders; attorneys assigned pursuant to article eighteen-B  of  the  county
 law; unaffiliated attorneys who regularly appear in proceedings that are
 or  have been affected by any programs that have been implemented or who
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11264-04-7

 A. 8127                             2
 
 may be affected by the proposed recommendations for further legislation;
 representatives of victims' rights organizations; and any other  persons
 in  whose  county  a  program  has been implemented in any of the courts
 therein  as  deemed  to  be  appropriate by the chief administrator, and
 afford them an opportunity to  submit  comments  with  respect  to  such
 implementation  for  inclusion  in  the  report  and  address  any  such
 comments.
   Public comments shall also be sought via a prominent  posting  on  the
 website  of  the  office  of court administration. All comments received
 from any source shall be posted for public review on the same website.
   § 1-a. Clause (A) of subparagraph (i) of paragraph (u) of  subdivision
 2  of  section  212 of the judiciary law, as added by chapter 237 of the
 laws of 2015 and as relettered by section 1 of part BB of chapter 55  of
 the laws of 2017, is amended to read as follows:
   (A)  Not  later than [April] FEBRUARY first in each calendar year, the
 chief administrator of the courts shall submit to the  legislature,  the
 governor  and  the  chief  judge  of  the  state a report evaluating the
 state's experience with programs in the use of electronic means for  the
 commencement of actions and proceedings and the service of papers there-
 in  as authorized by law and containing such recommendations for further
 legislation as he or she shall deem appropriate. In the  preparation  of
 such  report,  the  chief  administrator  shall consult with each county
 clerk in whose county a program has been implemented in civil  cases  in
 the  supreme  court,  the  advisory  committees  established pursuant to
 subparagraphs (ii) through (vi) of this  paragraph,  the  organized  bar
 including but not limited to city, state, county and women's bar associ-
 ations;  the  office  of  indigent  legal  services; institutional legal
 service providers; not-for-profit legal service providers; public defen-
 ders; attorneys assigned pursuant to article eighteen-B  of  the  county
 law; unaffiliated attorneys who regularly appear in proceedings that are
 or  have been affected by any programs that have been implemented or who
 may be affected by the proposed recommendations for further legislation;
 representatives of victims' rights organizations; and any other  persons
 in  whose  county  a  program  has been implemented in any of the courts
 therein as deemed to be appropriate  by  the  chief  administrator,  and
 afford  them  an  opportunity  to  submit  comments with respect to such
 implementation  for  inclusion  in  the  report  and  address  any  such
 comments.
   Public  comments  shall  also be sought via a prominent posting on the
 website of the office of court  administration.  All  comments  received
 from any source shall be posted for public review on the same website.
   §  2.  Section  2112  of the civil practice law and rules, as added by
 chapter 237 of the laws of 2015, is amended to read as follows:
   § 2112. Filing of papers  in  the  appellate  division  by  electronic
 means.  Notwithstanding any other provision of law, and except as other-
 wise provided in subdivision (c) of section twenty-one hundred eleven of
 this  article,  the  appellate  division in each judicial department may
 promulgate rules authorizing a program in the use  of  electronic  means
 for:  (i) appeals to such court from the judgment or order of a court of
 original instance or from that of another appellate court, (ii) making a
 motion for permission to appeal to such court, (iii) commencement of any
 other proceeding that may be brought in such court, and (iv) the  filing
 and  service  of  papers  in  pending  actions and proceedings. Provided
 however, [the appellate division may not eliminate  the  requirement  of
 consent to participation in appeals in such a program involving matrimo-
 nial  actions  as  defined  by  this  chapter, election law proceedings,

 A. 8127                             3

 proceedings brought pursuant to article seventy or seventy-eight of this
 chapter, proceedings brought pursuant to the mental hygiene  law,  resi-
 dential  foreclosure  actions  involving  a  home  loan  as such term is
 defined  in  section  thirteen hundred four of the real property actions
 and proceedings law and proceedings related to  consumer  credit  trans-
 actions  as  defined  in  subdivision (f) of section one hundred five of
 this chapter; and] such rules shall not require an  unrepresented  party
 or  any  attorney  who furnishes a certificate specified in subparagraph
 (A) or (B) of paragraph three of subdivision (b) of  section  twenty-one
 hundred eleven of this article to take or perfect an appeal by electron-
 ic means. Provided further, however, before promulgating any such rules,
 the  appellate  division  in each judicial department shall consult with
 the chief administrator of the courts and shall provide  an  opportunity
 for review and comment by all those who are or would be affected includ-
 ing  city,  state,  county  and  women's bar associations; institutional
 legal service providers; not-for-profit legal service providers;  attor-
 neys assigned pursuant to article eighteen-B of the county law; unaffil-
 iated  attorneys  who  regularly  appear in proceedings that are or have
 been affected by the programs that have been implemented or who  may  be
 affected  by  promulgation of rules concerning the use of the electronic
 filing program in the appellate division of any judicial department; and
 any other persons in whose county a program has been implemented in  any
 of the courts therein as deemed to be appropriate by any appellate divi-
 sion.  To  the  extent  practicable,  rules promulgated by the appellate
 division in each judicial department pursuant to this section  shall  be
 uniform.
   §  3. Section 11 of chapter 237 of the laws of 2015 amending the judi-
 ciary law, the civil practice law and rules and other laws  relating  to
 use  of  electronic  means  for the commencement and filing of papers in
 certain actions and proceedings is amended to read as follows:
   § 11. This act shall take effect immediately; provided  that  sections
 four,  five,  six  and seven of this act shall EACH expire and be deemed
 repealed September 1, 2019; and provided that paragraph 2-a of  subdivi-
 sion  (b)  of section 2111 of the civil practice law and rules, as added
 by section two of this act, shall expire and be deemed repealed  Septem-
 ber 1, [2017] 2018.
   §  4.  This  act  shall  take effect immediately provided, however the
 amendments to subdivision 2 of section 212 of the judiciary law made  by
 section  one-a of this act shall take effect on the same date and in the
 same manner as section 1 of part BB of chapter 55 of the laws  of  2017,
 takes effect.