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Senate Bill S1090

2017-2018 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 Senate Committee Judiciary Committee

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2017-S1090 (ACTIVE) - Details

See Assembly Version of this Bill:
A2540
Current Committee:
Senate Judiciary
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: S6444, A5142
2015-2016: S719, A447
2019-2020: S877, A784
2021-2022: S3049, A197
2023-2024: S2997, A6065

2017-S1090 (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").

2017-S1090 (ACTIVE) - Sponsor Memo

2017-S1090 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1090
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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  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
 United  States,  that  the foregoing is true, and I understand that this
 document may be filed in an action or proceeding in a court of law.
   (Signature)
   § 2. This act shall take effect immediately.

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