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.
                                                                   LBD11083-04-7

        A. 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.
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