Bill Text: NY A06264 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 6264 (Prior Session Legislation)

Introduced

Bill Title: Provides time frames within which service by mailing must be made both within and without the state.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-12-22 - signed chap.572 [A06264 Detail]

Download: New_York-2015-A06264-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6264
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 19, 2015
                                      ___________
       Introduced  by  M. of A. SIMOTAS, WEINSTEIN -- (at request of the Office
         of Court Administration) -- read once and referred to the Committee on
         Judiciary
       AN ACT to amend the civil practice law and rules,  in  relation  to  the
         service of papers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph 2 of subdivision (b) of rule 2103  of  the  civil
    2  practice law and rules, as separately amended by chapters 461 and 478 of
    3  the laws of 1989, is amended to read as follows:
    4    2.  by  mailing the paper to the attorney at the address designated by
    5  that attorney for that purpose or, if none is designated, at the  attor-
    6  ney's  last  known address; service by mail shall be complete upon mail-
    7  ing; where a period of time prescribed  by  law  is  measured  from  the
    8  service  of  a paper and service is by mail, five days shall be added to
    9  the prescribed period IF THE MAILING IS MADE WITHIN THE  STATE  AND  SIX
   10  DAYS  IF  THE  MAILING  IS  MADE  FROM  OUTSIDE THE STATE BUT WITHIN THE
   11  GEOGRAPHIC BOUNDARIES OF THE UNITED STATES; or
   12    S 2. Paragraph 1 of subdivision (f) of rule 2103 of the civil practice
   13  law and rules, as amended by chapter 367 of the laws of 1999, is amended
   14  to read as follows:
   15    1. "Mailing" means the deposit of a paper enclosed in  a  first  class
   16  postpaid  wrapper,  addressed  to the address designated by a person for
   17  that purpose or, if none is designated,  at  that  person's  last  known
   18  address,  in  a  post  office or official depository under the exclusive
   19  care and custody of the United States Postal Service within the  [state]
   20  UNITED STATES;
   21    S  3. This act shall take effect on the first of January next succeed-
   22  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07370-02-5