Bill Text: NY A09354 | 2013-2014 | General Assembly | Introduced


Bill Title: Extends expiration of provisions of civil practice law and rules requiring settlement conferences in residental foreclosure actions; extends expiration of provisions of the real property actions and proceedings law requiring notice of foreclosure to be sent the borrower; extends until 2019 the provisions conferring certain powers on New York city marshals; extends the chief administrator of the courts' authority to allow referees to determine certain applications to a family court for an order of protection; extends for three more years, the judicial hearing officer pilot program in the family courts of the seventh and eighth judicial districts for ordering a reference to determine an application for an order of protection or temporary order of protection in certain cases.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-06-19 - signed chap.29 [A09354 Detail]

Download: New_York-2013-A09354-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9354
                                 I N  A S S E M B L Y
                                    April 21, 2014
                                      ___________
       Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
         Committee on Judiciary
       AN ACT to amend chapter 507 of the laws of 2009, amending the real prop-
         erty actions and proceedings law and other laws relating to home mort-
         gage loans,  in  relation  to  extending  the  expiration  of  certain
         provisions  thereof  relating  to  notice of foreclosure and mandatory
         settlement conferences in residential foreclosure  actions;  to  amend
         chapter 455 of the laws of 1997 amending the New York city civil court
         act  and  the civil practice law and rules relating to authorizing New
         York city marshals to exercise the same functions, powers  and  duties
         as  sheriffs  with  respect  to  the  execution of money judgments, in
         relation to extending the effectiveness  of  such  chapter;  to  amend
         chapter  363  of the laws of 2010, amending the judiciary law relating
         to granting the chief administrator of the  courts  the  authority  to
         allow  referees  to  determine  applications  for orders of protection
         during the hours family court is in session, in relation to the  expi-
         ration  date  thereof;  and  to  amend chapter 219 of the laws of 2002
         amending the judiciary law relating to the  judicial  hearing  officer
         pilot program and the powers of the chief administrator of the courts,
         in  relation  to  extending  the  expiration of the provisions of such
         chapter
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions  a and e of section 25 of chapter 507 of the
    2  laws of 2009, amending the real property actions and proceedings law and
    3  other laws relating to home mortgage  loans,  are  amended  to  read  as
    4  follows:
    5    a. Sections one, one-a, two and three of this act shall take effect on
    6  the thirtieth day after this act shall have become a law and shall apply
    7  to  notices  required  on  or  after  such date; provided, however, that
    8  section one-a of this act shall expire and be  deemed  repealed  [5]  10
    9  years after such effective date;
   10    e.  Section  nine  of  this  act shall take effect on the sixtieth day
   11  after this act shall have become a law and shall apply to legal  actions
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13875-02-4
       A. 9354                             2
    1  filed  on  or  after such date; provided, however that the amendments to
    2  subdivision (a) of rule 3408 of the civil practice law and rules made by
    3  such section shall expire and be deemed repealed [5] 10 years after such
    4  effective date;
    5    S  2.  Section  3 of chapter 455 of the laws of 1997, amending the New
    6  York city civil court act and the civil practice law and rules  relating
    7  to  authorizing  New  York city marshals to exercise the same functions,
    8  powers and duties as sheriffs with respect to  the  execution  of  money
    9  judgments,  as amended by chapter 103 of the laws of 2009, is amended to
   10  read as follows:
   11    S 3. This act shall take effect immediately and shall remain  in  full
   12  force  and  effect  only  until June 30, [2014] 2019 when upon such date
   13  this act shall be deemed repealed.
   14    S 3. Section 2 of chapter 363 of the laws of 2010, amending the  judi-
   15  ciary law relating to granting the chief administrator of the courts the
   16  authority  to  allow  referees  to  determine applications for orders of
   17  protection during the hours family court is in session,  as  amended  by
   18  chapter 137 of the laws of 2012, is amended to read as follows:
   19    S  2.  This act shall take effect immediately; provided that paragraph
   20  (n) of subdivision 2 of section 212 of the judiciary law,  as  added  by
   21  section  one  of this act, shall expire and be deemed repealed September
   22  1, [2014] 2016.
   23    S 4.  Section 2 of chapter 219 of the laws of 2002, amending the judi-
   24  ciary law relating to the judicial hearing officer pilot    program  and
   25  the powers of the chief administrator of the courts, as amended by chap-
   26  ter 34 of the laws of 2011, is amended to read as follows:
   27    S  2.  This act shall take effect immediately and shall expire [12] 14
   28  years after its effective date, when, upon such date, the provisions  of
   29  this act shall be deemed repealed.
   30    S 5. This act shall take effect immediately.
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