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.