Bill Text: NY S04578 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to service of papers; amends the definition of "mailing" to allow mailing from outside of the state; provides that six days shall be added to a prescribed period when service is made by mail from outside the state; requires a stipulation prior to service by facsimile on an attorney.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S04578 Detail]
Download: New_York-2011-S04578-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4578
2011-2012 Regular Sessions
I N S E N A T E
April 12, 2011
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed 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 MADE FROM OUTSIDE THE STATE; or
11 S 2. Paragraph 5 of subdivision (b) of rule 2103 of the civil practice
12 law and rules, as amended by chapter 367 of the laws of 1999, is amended
13 to read as follows:
14 5. by transmitting the paper to the attorney by facsimile trans-
15 mission, provided that a facsimile telephone number is designated by the
16 attorney for that purpose BY A STIPULATION IN THE ACTION IN WHICH THE
17 FACSIMILE SERVICE IS TO OCCUR. Service by facsimile transmission shall
18 be complete upon the receipt by the sender of a signal from the equip-
19 ment of the attorney served indicating that the transmission was
20 received, and the mailing of a copy of the paper to that attorney. [The
21 designation of a facsimile telephone number in the address block
22 subscribed on a paper served or filed in the course of an action or
23 proceeding shall constitute consent to service by facsimile transmission
24 in accordance with this subdivision.] An attorney may change [or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09311-01-1
S. 4578 2
1 rescind] a facsimile telephone number by serving a notice on the other
2 parties; or
3 S 3. Paragraph 1 of subdivision (f) of rule 2103 of the civil practice
4 law and rules, as amended by chapter 367 of the laws of 1999, is amended
5 to read as follows:
6 1. "Mailing" means the deposit of a paper enclosed in a first class
7 postpaid wrapper, addressed to the address designated by a person for
8 that purpose or, if none is designated, at that person's last known
9 address, in a post office or official depository under the exclusive
10 care and custody of the United States Postal Service [within the state];
11 S 4. This act shall take effect on the first of January next succeed-
12 ing the date on which it shall have become a law.
