senate Bill S877A

2019-2020 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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Sponsored By

Archive: Last Bill Status - Passed Senate

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2020 referred to codes
delivered to assembly
passed senate
Jan 21, 2020 advanced to third reading
Jan 15, 2020 2nd report cal.
Jan 14, 2020 1st report cal.140
Jan 08, 2020 referred to judiciary
returned to senate
died in assembly
Mar 12, 2019 referred to codes
delivered to assembly
passed senate
Mar 04, 2019 advanced to third reading
Feb 28, 2019 2nd report cal.
Feb 27, 2019 1st report cal.184
Feb 21, 2019 print number 877a
Feb 21, 2019 amend and recommit to judiciary
Jan 09, 2019 referred to judiciary

Votes

view votes

Feb 24, 2020 - floor Vote

S877A
47
12
floor
47
Aye
12
Nay
0
Absent
3
Excused
0
Abstained
show floor vote details

Floor Vote: Feb 24, 2020

aye (47)
nay (12)
excused (3)

Jan 14, 2020 - Judiciary committee Vote

S877A
11
3
committee
11
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Jan 14, 2020

aye (11)
nay (3)
aye wr (1)

Mar 12, 2019 - floor Vote

S877A
50
11
floor
50
Aye
11
Nay
0
Absent
1
Excused
0
Abstained
show floor vote details

Floor Vote: Mar 12, 2019

aye (50)
nay (11)
excused (1)

Feb 27, 2019 - Judiciary committee Vote

S877
11
2
committee
11
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 27, 2019

aye (11)
nay (2)
aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S877 - Details

See Assembly Version of this Bill:
A784
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: S6444, A5142
2015-2016: S719, A447
2017-2018: S1090, A2540
2021-2022: S3049, A197
2023-2024: S2997

S877 - 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").

S877 - Sponsor Memo

S877 - Bill Text download pdf 


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

                                   877

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             January 9, 2019
                               ___________

Introduced by Sens. RIVERA, SEPULVEDA -- 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.

Co-Sponsors

S877A (ACTIVE) - Details

See Assembly Version of this Bill:
A784
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: S6444, A5142
2015-2016: S719, A447
2017-2018: S1090, A2540
2021-2022: S3049, A197
2023-2024: S2997

S877A (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").

S877A (ACTIVE) - Sponsor Memo

S877A (ACTIVE) - Bill Text download pdf 


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

                                 877--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             January 9, 2019
                               ___________

Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed,
  and  when  printed  to  be  committed to the Committee on Judiciary --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 LICENSED,
CERTIFIED, OR authorized [by] UNDER 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

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

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