Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Feb 07, 2022 |
referred to judiciary delivered to assembly passed senate |
Jan 18, 2022 |
advanced to third reading |
Jan 12, 2022 |
2nd report cal. |
Jan 11, 2022 |
1st report cal.101 |
Jan 05, 2022 |
referred to judiciary returned to senate died in assembly |
May 12, 2021 |
referred to judiciary delivered to assembly passed senate |
May 03, 2021 |
advanced to third reading |
Apr 28, 2021 |
2nd report cal. |
Apr 27, 2021 |
1st report cal.837 |
Jan 06, 2021 |
referred to judiciary |
Senate Bill S700
2021-2022 Legislative Session
Repeals section 470 of the judiciary law relating to allowing attorneys having offices in the state to reside in an adjoining state
download bill text pdfSponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Feb 7, 2022
aye (61)- Addabbo Jr.
- Akshar
- Bailey
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Cleare
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Savino
- Sepúlveda
- Serino
- Serrano
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
nay (2)
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Floor Vote: May 12, 2021
aye (62)- Addabbo Jr.
- Akshar
- Bailey
- Benjamin
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
nay (1)
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Jan 11, 2022 - Judiciary Committee Vote
S70014Aye0Nay1Aye with Reservations0Absent0Excused0Abstained -
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2021-S700 (ACTIVE) - Details
2021-S700 (ACTIVE) - Sponsor Memo
BILL NUMBER: S700 SPONSOR: HOYLMAN TITLE OF BILL: An act to repeal section 470 of the judiciary law, relating to allowing attorneys having offices in the state to reside in an adjoining state PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to remove the current inability of lawyers admitted in New York to practice in the State if they neither reside nor have an office in the state. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill repeals section 470 of the Judiciary law. Section 2 of the bill is the effective date.
JUSTIFICATION: Section 470 of the Judiciary Law, as interpreted by the New York State Court of Appeals in Schoenefeld v. State of New York, 25 N.Y.3d 22 (2015), requires "nonresident attorneys practicing in New York to main- tain a physical law officer here." (Pg. 27 of decision). The Court of Appeals reaffirmed this requirement in Arrowhead Capital Finance, Ltd. v. Cheyne Specialty Finance Fund L.P. (2019). Section 470 was enacted in its current form in 1909 following predeces- sor statutes dating from 1862. A central concern at the time was the difficulty in serving attorneys not located in New York. The Court of Appeals noted in the Schoenefeld decision that New York has "an interest in ensuring that personal service can be accomplished on nonresident attorneys admitted to practice here." The Court then considered current law, citing provisions of the CPLR, including 2103(b), and said that there are "currently several means of service upon a nonresident attorney, including mail, overnight delivery, fax and (where permitted) email...." It also noted that Court of Appeals Rule 520.13(a), dealing with admissions to the Bar, requires nonresident attorneys to designate the clerk of an Appellate Division as their agent for service for actions related to legal services offered within the state. It concluded, "the legislature always remains free to take any additional action deemed necessary." While the Court in Schoenefled was concerned with service on an out-of- state attorney in a pending action, which is governed by CPLR 2103(b), the law regarding service on an out-of-service party, including an attorney named as a party, has changed significantly since 1909. Until the mid-1940s, there was a significant challenge to obtaining personal jurisdiction over an attorney who resided and maintained an office out of state who performed legal services within the state. Since the advent of "Long Arm Jurisdiction," and the enactment of CPLR 302(a), obtaining jurisdiction over such an attorney is no longer problematic. With modern day mechanisms for serving papers on attorneys not located in the state and CPLR 302(a) providing a jurisdictional basis for service outside the state, there is no reason to require a bricks and mortar office as specified in section 470. The concerns that led to the adoption of this section more than a century ago no longer exist, and the current statutory prohibition serves no purpose in today's global environment. Its repeal would not create any significant difficulties arising from the lack of an attorney's physical office within the state. LEGISLATIVE HISTORY: S.5708 of 2019-2020 (Hoylman): Died in Judiciary A.10425 of 2019-2020 (Weprin): Died in Judiciary
2021-S700 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 700 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to repeal section 470 of the judiciary law, relating to allowing attorneys having offices in the state to reside in an adjoining state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 470 of the judiciary law is REPEALED. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02645-01-1
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