Bill Text: NY A08154 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes the holding of arbitration and mediation proceedings on Saturday and/or Sunday when all parties and the tribunal consent thereto.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2017-08-21 - signed chap.215 [A08154 Detail]
Download: New_York-2017-A08154-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8154 2017-2018 Regular Sessions IN ASSEMBLY May 31, 2017 ___________ Introduced by M. of A. SIMANOWITZ, WEINSTEIN -- read once and referred to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to the conducting of arbitration and mediation on Saturday and/or Sunday in certain cases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 5 of the judiciary law, as amended by chapter 115 2 of the laws of 1986, is amended to read as follows: 3 § 5. Courts not to sit on Sunday except in special cases nor on Satur- 4 day in certain cases. A court shall not be opened, or transact any busi- 5 ness on Sunday, nor shall a court transact any business on a Saturday in 6 any case where such day is kept as a holy day by any party to the case, 7 except to receive a verdict or discharge a jury and for the receipt by 8 the criminal court of the city of New York or a court of special 9 sessions of a plea of guilty and the pronouncement of sentence thereon 10 in any case in which such court has jurisdiction. An adjournment of a 11 court on Saturday, unless made after a cause has been committed to a 12 jury, must be to some other day than Sunday. But this section does not 13 prevent the exercise of the jurisdiction of a magistrate, where it is 14 necessary to preserve the peace, or, in a criminal case, to arrest, 15 commit or discharge a person charged with an offense, or the granting of 16 an injunction order by a justice of the supreme court when in his judg- 17 ment it is necessary to prevent irremediable injury or the service of a 18 summons with or without a complaint if accompanied by an injunction 19 order and an order of such justice permitting service on that day. 20 Furthermore, no provision of this section shall be deemed to prohibit or 21 prevent the conducting on Saturday and/or Sunday of any arbitration or 22 mediation proceeding, provided all parties and the tribunal consent to 23 such proceeding in writing. A writing purporting to provide consent of 24 any party that is not prepared by the party shall only be sufficient to 25 establish consent upon a finding by the tribunal by clear and convincing EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11083-04-7A. 8154 2 1 evidence, that such party has affirmatively consented to such 2 proceedings on a Saturday or Sunday as the case may be; such finding to 3 be made part of the record of any further proceedings. 4 § 2. This act shall take effect immediately.