Bill Text: NY S06077 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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 1-0)

Status: (Introduced - Dead) 2017-06-14 - SUBSTITUTED BY A8154 [S06077 Detail]

Download: New_York-2017-S06077-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          6077
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed 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  when all parties and the tribunal consent to such
    23  proceeding.
    24    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11083-03-7