§ 304. Proceedings to be stayed unless interest unaffected by military
service. At any stage thereof, any action or proceeding in any court or
in any adjudicatory or licensing proceeding before any state agency,
including any public benefit corporation or public authority, or any
political subdivision of the state, in which a person in military
service is involved as a party, during the period of such service or
within sixty days thereafter may, in the discretion of the court or
adjudicatory or licensing agency before which it is pending, on its own
motion, and shall, on application to it by such person or some person on
his behalf, be stayed as provided in this act, unless, in the opinion of
the court or adjudicatory or licensing agency, the ability of plaintiff
to prosecute the action, or the defendant to conduct his defense, or in
any adjudicatory or licensing proceeding the ability of the party to
represent his interest, is not materially affected by reason of his
military service.