The NYSBA's Committee on Civil Practice Law and Rules tracks significant CPLR bills introduced in the legislature. The Committee issues legislative reports with respect to many of these bills. We welcome your comments on any of the bills. Please make sure you reference both the bill number and the CPLR section in your message. Click here to send us comments.
Proposed Amendments to the CPLR
Article 1- Applicability and Definitions
A11567 LENTOL/S06817 VOLKER. Amd S103, CPLR. Authorizes the court to convert a motion into a special proceeding, or vice-versa upon such terms as may be just, including the payment of fees and costs. Signed September 24, 2002, Chapter 593 of the Laws of 2002.
Article 2- Limitations of Time
A10554 WEPRIN/S06658 SKELOS - Amd S203, CPLR. Provides that in action commenced by filing of a complaint the statute of limitations starts to run upon such filing. We filed Report No. 99 on May 8, 2002, approving the bill. [CPLR Committee proposed legislation.] PASSED ASSEMBLY 5/6/02; PASSED SENATE 5/16/02. Signed August 6, 2002, Chapter 334 of the Laws of 2002.
A06217 WRIGHT - Amd S205, CPLR. Provides that where an action is dismissed as a result of a failure to prosecute, the court shall set forth specific conduct constituting the neglect on the record and provides that the conduct specified must demonstrate a general pattern of delay in proceeding with the litigation.
A01588 MATUSOW - Amd S206, CPLR. Commences the running of the statute of limitations on actions based on an antenuptial or postnuptial agreement to the earliest of the following: the physical separation of the parties, commencement of an action for divorce or separation, or death of one of the parties. (See A1395 of 2000). We filed Report No. 72 (Juhase) on August 2, 2001, approving the bill.
A01428 KAUFMAN - Amd S208, CPLR. Restores the former meaning of the law in defining "infancy" for the purpose of tolling a statute of limitations under CPLR 208, by defining infancy as "under the age of eighteen years", rather than as a disability "because of", or "due to", infancy; provides that this bill is intended to reverse the interpretation made by the Appellate Division, Second Department, in the case of Henry v. City of New York (New York Law Journal, August 7, 1998). (See A7118 of 2000).
A11354 RULES COM - Amd S213-a, CPLR. Relates to the statute of
limitations for commencement of an action for a rental overcharge by
providing that the action shall be commenced within four years of the
date the resident knew or should have known of the first
S02618 RATH/A01863 KAUFMAN - Amd S213-b, CPLR; amd S632-a, Exec L. Provides 10 year statute of limitation from date of conviction for action by crime victim, 3 year statute of limitation on action by victim for profits from crime and includes personal injury award to criminal in profits from crime. (See S3689 aand A9208 of 2000). We filed Report No. 74 (Bragar) on July 6, 1999, giving limited approval to and predominantly disapproving the bill in the 1999/2000 session.
S02864 BALBONI /A03740 O'CONNELL - Add S213-c, CPLR. Creates a civil cause of action for medical abandonment; provides that an action to recover damages for personal injury or wrongful death caused by the arbitrary, capricious, negligent or other tortious decision of a health maintenance organization or medical care facility to withhold or diminish medical care or treatment may be commenced within 3 years of the date of such decision. We filed Report No. 73 (Juhase) on August 2, 2001, disapproving the bill.
A00932 LUSTER - Amd S214-a, CPLR. Establishes the statute of limitations for medical, dental or podiatric malpractice actions at 1 year after the discovery of an illness, injury or condition which should have been diagnosed earlier but for the failure of a health care practitioner, or the failure to accurately report or communicate the results of clinical diagnostic laboratory or radiological tests; provides for the limited revival of certain time-barred causes of action thereof.
A08375 RULES COM. - Amd S214-a, CPLR. Provides for an exception to the period of limitations for medical, dental, and podiatric malpractice when a required incident report has not been filed; allows an action to be commenced within one year of filing, regardless of the otherwise applicable two year, six month period.
S02017 LAVALLE/A03438 THIELE - Amd S214-c, CPLR. Affirms and continues the common law actions for recovery of damages for personal injury or property damage caused by the latent effects of exposure to a toxic substance; in doing so the 3 year time period for such recovery is extended by allowing such time period to run from date of discovery of the injury. (See S1508 of 2000).
S01696 VOLKER/A03497 CANESTRARI - Rpld & add S214-d, amd S214, rpld R3211 sub (h), R3212 sub (i), CPLR. Repeals and reenacts statute of limitation provisions on wrongful death, personal injury and property damage actions against professional engineers, architects, landscape architects, land surveyors and construction contractors to provide for a limitations period of ten years after completion of improvement to real property; "completion", which constitues the accrual date for the limitations period, is defined; provides for a one year extension for injuries to person or property or wrongful death which occur during the tenth year after completion. (See A3474 of 2000).
S01979 BRESLIN - Add S78-a, Civ Rts L; amd S215, CPLR. Provides that a cause of action for a declaratory judgement of libel or slander would accrue to the spouse, parent or child of a decedent as the result of a libel or slander which occurred after, but within five years of a decedent`s death; provides that any such action must be commenced within one year of the date of the alleged libel or slander; provides that prior to the commencement of such action, the spouse, parent or child must request a retraction of such statements by registered or certified letter. (See S1712 of 2000). We filed Report No. 32 (Banas) on May 1, 2001, disapproving the bill.
A07185 LUSTER - Add Art 10 SS1000 - 1013, Pub Heal; amd S215, CPLR. Enacts the "health information privacy act" which provides that health care information on identifiable persons is to be kept confidential and secured in an appropriate manner; requires maintenance of records of the disclose of such information by the holders thereof; requires the informed consent of the person to whom the information relates for the disclosure of health information in most cases; requires court to review the disclosure of such information for purposes of civil or criminal litigation; establishes civil remedies for violation of such provisions and makes the intentional or knowing violation thereof a misdemeanor punishable by a fine of up to $5,000, imprisonment of up to 1 year, or both such fine and imprisonment. (See A4473 of 2000).
Article 3 - Jurisdiction and Service
S00156 KRUGER - Amd S230, Pub Health L; add S535, County L; amd SS304 & 8018, CPLR. Requires the state board for professional medical conduct to initiate a preliminary investigation of physicians against whom a significant number of claims of malpractice have been alleged; establishes a formal process by which certain claims and complaints which allege medical malpractice and professional medical misconduct are forwarded to the department of health for an expedited review and, if necessary, a more intensive investigation. (See A2170 of 2000).
S00077 SKELOS/A04196 WEPRIN- Amd S304 & 306-b, CPLR Provides that a special proceeding shall be commenced by the filing of a petition and such petition with notice of petition or order to show cause shall be served within 120 days of the filing of the petition. We filed Report No. 3 on January 31, 2001, approving the bill. PASSED SENATE 1/22/2001; PASSED ASSEMBLY 6/18/2001. Became a law November 21, 2001, with the approval of the Governor. Passed by majority vote, three-fifths being present. Chapter 473 of the Laws of 2001.
A06093 BRENNAN - Amd S308, CPLR Provides that when two certain acts of service have been attempted and one of the two acts has been validly effected, it shall be sufficient to sustain the service if it is shown that the defendant actually has received process.
Article 4- Special Proceedings
Article 5- Venue
Article 9 - Class Actions
Article 10 - Parties Generally
Article 12- Infants, Incompetents and Conservatees
Article 13 - Actions by the State
S00664 GOODMAN - Amd SS1310 & 1311, CPLR. Authorizes the forfeiture by state and local authorities of privately owned real property when it is proven by a preponderance of the evidence that a non-criminal owner at such real property has failed to take reasonable precautions to prevent the use of such real property for illegal drug activity. (See S1112 of 2000).
S01967 LARKIN/A06090 ALFANO - Amd S1349, CPLR. Authorizes claiming authorities or agents to retain electronic equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime; adds electronic equipment to items such as vehicles, vessels and aircraft which may be retained by law enforcement officials after forfeiture. (See S4847 of 2000).
Article 14 - Contribution
S03574 VOLKER/A07342 WEINSTEIN - Add S1405, CPLR. Permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant, where the latter is insolvent. We filed Report No. 37 (Hamm) on May 8, 2001, disapproving the bill.
S02027 SANTIAGO - Amd S1411, CPLR. Provides that recovery for certain injuries or wrongful death arising out of voluntary participation in athletics shall be diminished by the percentage of culpable conduct attributable to the injured party or decedent; extends period to commence action that was dismissed but would be allowed based on this amendment. (See S569 of 2000).
Article 14-B [New]
S01980 BRESLIN - Add S11-108, Gen Ob L; amd S1602, CPLR; amd S4410, Pub Health L. Provides that whenever health care organizations delay, fail or refuse to approve, provide, arrange for, or pay for in a timely manner any health care service that it is contractually obligated to perform, it shall be liable for any personal injury, death or damages caused by delay, failure or refusal.
Article 20 - Mistakes, Defects, Irregularities and Extensions of Time
Article 21 - Papers
A09400 RULES COM - Amd R2106, CPLR. Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu or and with same force and effect as an affidavit (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner"). We filed Report No. 92 (Ferstendig) on September 17, 2001, approving the bill.
Article 22 - Stay, Motions, Orders and Mandates
A02078 KLEIN - Amd R2214, CPLR. Requires a party seeking an order to show cause to specify clearly why he or she is proceeding via an order to show cause, and not by another, less urgent, method. (See A5291 of 2000).
A03227 SCARBOROUGH - Amd R2217, S5701, rpld & add R2221, CPLR. Makes provisions to govern motions to reargue and renew motions addressed to prior orders; specifies that such motions must be made within thirty days after the order comes down on a prior motion and also specifies rights of appeal therefrom. (See A2243 of 2000).
Article 23 - Subpoenas, Oaths and Affirmations
A03080 CLARK - Amd S2303, CPLR. Provides that in any action commenced pursuant to article 16 of the election law, service of a subpoena pursuant to the CPLR shall be made upon motion with at least one day`s notice to the respondent.
S06143 VOLKER/A09695 WEPRIN - Amd S2303, CPLR. Requires a copy of any subpoena duces tecum served in a pending action shall also be served on each party who has appeared in the pending action so that it is received by such parties promptly after service on the witness and before the production of books, papers and other things. We filed Report No. 95 on February 7, 2002, approving the bill.
A01858 KAUFMAN - Amd S2306, CPLR. Authorizes the use of a transcript or reproduction of a record certified as correct by a person authorized to receive service under article three of the civil practice law and rules where a subpoena duces tecum is served upon a physician practice. (See A9796 of 2000). We filed Report No.13 (Greenspan) on March 8, 2001, approving the bill, but with suggested modifications.
S02949 HANNON/A06705 GOTTFRIED - Amd S18, Pub Health L; amd S33.16, Ment Hyg L; amd SS2306 & 8001, CPLR. Grants access to confidential medical records to contractors, subcontractors, affiliates and subsidiaries of health care providers and mental hygiene facilities which receive, maintain, copy or transmit patient information or medical records on behalf of the health provider or facility; for purposes of access to medical records, includes pharmacists within the definition of "health care practitioner"; provides for the imposition of increases fees for copies of medical records provided to persons other than the patient for purposes other than the ongoing care of the patient; such fees shall be annually adusted to reflect the consumer price index.
A02373 TOCCI - Add Art 7-A SS219-a - 219-f, Lab L; add S2306-a, CPLR. Requires that all employers notify each employee of the existence of personnel records and of the employees` rights with respect to such personnel records; permits employee to review and copy such records; allows employee to request correction of any information and refusal to submit a statement to be placed in the record explaining the employee`s position regarding this information; permits an employer to maintain a separate file not subject to employee review where the employer is investigating alleged criminal activity; provides for civil action by employees for violations; requires notification of employee if such records are subpoenaed by a court and permits standing to challenge.
Article 30 - Remedies and Pleading
A03200 CANESTRARI - Amd S3012-a, CPLR Relates to the filing of certificates of merit in medical, dental and podiatric malpractice actions; mandates that the failure to timely file such certificate shall require that such action be dismissed with prejudice. (See A8481 of 2000).
S02303 VOLKER -Amd S3012-a, CPLR. Requires the complaint, in an action for damages, contribution or indemnity arising out of alleged negligence or malpractice against an architect or professional engineer, to be accompanied by a certificate of merit (as is currently required in actions for medical, dental and podiatric malpractice); provides that the certificate of merit in medical, dental or podiatric malpractice actions, and in actions arising out of alleged malpractice or negligence of an architect or professional engineer, may be executed (not only by the attorney for the plaintiff as currently provided under existing law) but by the attorney for any other party asserting the cause of action; provides that for purposes of the certificate, the physician, dentist, podiatrist, architect or professional engineer consulted may not be a party to the litigation, and also that a complaint shall include a complaint, third party complaint, an answer containing a counterclaim or a cross claim. (See S2274 of 2000).
S00295 KRUGER - Amd S3017, CPLR. Provides that the amount of damages sought in a negligence cause of action shall not be stated in the complaint, cross claim, interpleader complaint and third-party complaint; provides that the party against whom such action is brought may, at any time, request a supplemental demand which states the total damages sought by the pleader. (See S330 of 2000). We filed Report No. 5 (Knapp) on February 9, 2001, disapproving the bill.
Article 30-A - Procedures for Simplified Case Resolution [Proposed]
S01082 VOLKER/A01007 SCHIMMINGER - Add Art 30-A SS3050 - 3056, CPLR. Allows for simplified case resolution, where authorized, to be available in an action for money damages only where the amount sought to be recovered does not exceed $75,000, exclusive of interest and costs. (See 6870 of 2000). We filed Report No. 27 on April 10, 2001, approving the bill.
Article 31 - Disclosure
S03336 VOLKER - Amd S3101, CPLR. Eliminates current provision which allows a party in a medical, dental or podiatric action to omit names of medical, dental or podiatric experts in responding to a request for pretrial disclosure regarding experts.
S00125 SKELOS - Amd S3101, CPLR. Sets the criteria for determining when film, video, audio, or photos made after the commencement of an action must be disclosed, stating that such disclosure does not have to be made until after the party has had a fair opportunity to depose the person depicted in such film, video, audio, or photo, unless otherwise ordered by the court. Compare S04340 infra.
S04340 SKELOS - Amd S3101, CPLR. Amends current provision which requires full disclosure of films, photographs, video or audio tapes regarding certain specified persons (including a party to an action, a person who possessed a cause of action or defense asserted in the action, and a person about to depart the state, etc.) to provide for disclosure after a deposition of that person has been held. Compare S00125 supra.
S04375 SALLAND/A01860 KAUFMAN - Amd S3101, CPLR. Statutorily establishes the time periods for responses to an expert witness disclosure request, subject to the penalty of preclusion if not complied with; excludes treating physician or other treating health care provider whose records and reports have been timely provided from the definition of "expert witness". (See S7638 and A9206 of 2000). We filed Report No. 44 (Jablonski) on May 10, 2001, approving the bill.
S01067 DEFRANCISCO - Amd SS3101, 3406, 4107 & 4110-b, add S4104-a, CPLR. Enacts provisions regarding various aspects of civil practice including the scope of disclosure with respect to expert witnesses; mandatory filing and preliminary conferences in all civil cases; timetables for disclosure in all civil cases and elimination of automatic stays in disclosure in certain cases; provides that upon application of any party a judicial hearing officer shall be present at the examination of jurors, and that if no application is made by a party, then a judge or judicial hearing officer shallnot be present; procedures for jury selection including time limits for questioning prospective jurors; procedures regarding jury instructions including requiring consent of all parties for furnishing juries with written copies of the court`s instructions and rules for jury notetaking. (See S5905 of 2000).
S00372 DEFRANCISCO - Amd SS4504 & 3101, CPLR. Allows a supreme court justice in a civil proceeding to order a medical professional to provide information on the treatment of a person believed to have been under the influence of alcohol or drugs at the time of the act which led to the commencement of the proceeding. (See S3230 of 2000). Bill attempts to correct the Court of Appeals' decision in Dillenbeck v. Hess. We filed Report No. 40 (Kaye) on May 20, 1999, disapproving the bill in the 1999/2000 session.
A03196 CALHOUN - Amd S3102, CPLR. Prohibits the discovery, by a subpoena duces tecum, of an adversary witness` identity or address prior to trial; prevents the early disclosure of names and addresses of adversary witnesses. (See A3283 of 2000).
S01066 DEFRANCISCO/A07513 SWEENEY - Amd S3103, add Art 31-A SS3141 - 3143, CPLR. Enacts the "sunshine in disclosure act" which relates to the protection from disclosure of trade secrets which are not pertinent to public hazards; substantially affected person has standing to contest an order, judgment, agreement or contract that violates this act. We filed Report No. 64 (Hamm) on June 20, 2001, disapproving the bill.
S00135 VOLKER - Amd R3113, CPLR. Allows parties to stipulate to, or the court to order upon application, the taking of depositions by telephone or other remote electronic means; provides that no such court order shall deprive a party of the right to take a deposition at a place specified by the CPLR nor shall it entitle a witness, over objection of any party, to appear for a deposition at a place other than as specified in CPLR; provides that unless otherwise stipulated, additional costs of conducting deposition by telephonic or other remote electronic means shall be borne by the party requesting that the deposition be taken by such means. (See S3524-A of 2000). We filed Report No.10 (Blair) on March 8, 2001, approving the bill.
S04848 BALBONI/A06352 LOPEZ - Amd R3113, CPLR. Provides that depositions may not be taken before certain delineated persons; voids depositions taken in conflict with such provisions; not applicable to a contract for court reporting services of the US or NYS.
S03536 VOLKER- Amd RR3113 & 3115, CPLR Relates to the conduct of depositions; allows no objections to be made at a deposition except those which would be waived if not interposed; objections made at a deposition shall be noted by the officer before whom the deposition is taken; all objections made at a deposition shall not suggest an answer to the deponent; persons in attendance at a deposition shall not make statements or comments that interfere with the questioning; deponent shall have right to refuse to answer questions to preserve a privilege of confidentiality, to enforce a court limitation or when the question is plainly improper; attorneys shall not interrupt the deposition for the purpose of communicating with the deponent unless all parties consent. Similar to A02079 infra. We filed Report No.47 (Critelli/Aloe) on May 21, 2001, approving the bill.
S03536 VOLKER/A02079 KLEIN - Amd RR3113 & 3115, CPLR. Makes various provisions regarding the taking of depositions in civil cases including prohibiting an attorney from interrupting a deposition to communicate with the deponent except under narrow circumstances. (See A5292-A of 2000). We filed Report No. 134 (Aloe/Critelli) on June 5, 1998, approving a similar bill in the 1997/1998 session.
S03539 VOLKER/A08384-B BRENNAN - Amd SS2305 & 3120, amd R3122, add R3122-a, CPLR. Relates to methods for obtaining discovery of non-party records, especially business records, and for procuring their admission into evidence; eliminates requirement that in absence of a non-party deposition, a party must obtain a court order before being permitted to undertake discovery and inspection of non-party documents or things (henceforth a subpoena duces tecum issued by an attorney, or by the court clerk if the party is pro se, will suffice. We filed Report No. 43 (Blair) on May 10, 2001, approving the bill. Signed September 24, 2002, Chapter 575 of the Laws of 2002.
Article 32 - Accelerated Judgment
S03486 VOLKER/A09151 RULES COMM. - Amd S3211, CPLR. Relates to requiring leave to replead; further permits the party seeking dismissal of a claim or defense to elect whether to attack the pleading on the law, or to seek immediately a substantive victory on a claim that the pleader has no viable cause of action.
S00058 SKELOS/A01008 SCHIMMINGER - Amd S3213, CPLR. Expands basis upon which a motion for summary judgment in lieu of filing a complaint may be made so as to include additional causes of action and alters other civil procedures for the purpose of eliminating procedural wrongdoing in commercial proceedings. We filed Report No. 2 (Aloe) on January 31, 2001, approving the bill.
A02087 KLEIN - Amd S3214, CPLR. Provides that service of a notice of motion for summary judgment shall stay only disclosure notice after the date of service of such motion and such disclosure shall be stayed for a period of 120 days from the date of service unless the court orders otherwise; in a proper case, the court on motion, in its discretion may stay disclosure until the summary judgment motion is determined. (See A5275 of 2000). See also Report No. 100 to S3602 of 1998. OCA Advisory Committee bill.
S03482 VOLKER - Amd S3215, CPLR Authorizes a plaintiff, in cases where there are multiple defendants some of whom default, to sever the defaulting defendants and separately proceed against such defendants.
S05193 VOLKER - Amd SS3215 & 5020, CPLR. Provides that in applications for judgment by default where the state of New York is the plaintiff, allows for the submission of proof by affidavit by an attorney from the office of the attorney general; provides that regarding the $100 penalty against a judgment creditor for failing or refusing to file a satisfaction-piece after receiving full satisfaction, that such penalty shall not be recoverable when the judgment creditor is the state of new york or any of its agencies, departments, boards, bureaus, divisions, commissions, committees, public authorities, public benefit corporations, councils, offices, or other governmental entities unless such judgment creditor shall fail to execute and file a satisfaction-piece within 45 days after having been served with a written demand therefor, via certified mail, by the judgment debtor.
A01767 BRODSKY - Amd S3218, CPLR Declares void any judgment by confession or security interest or liens on a primary residence entered by a party to a matrimonial action on behalf of the plaintiff who is the attorney representing such party in such action unless certain circumstances exist such as (1) client is so advised, (2) other party in case is given notice, (3) judge approves of the agreement. (See A53 of 2000).
A00253 GRANNIS - Amd R3221, CPLR. Allows the court to impose certain monetary sanctions when claimant fails to accept a fair and equitable offer of compromise. (See A1191 of 2000).
Article 34 - Calendar Practice; Trial Preferences
A03703 O'CONNEL - Rpld R3403 sub (a) 5, CPLR. Eliminates the trial preference for an action to recover damages for medical, dental, or podiatric malpractice. (See A3866 of 2000).
Article 40 - Trial Generally
Article 41 - Trial by Jury
S03538 VOLKER - Amd R4111 & S1206, rpld Art 50-A & 50-B, CPLR; amd S2220, SCPA; amd SS5502, 5503, 5505 & 5511 Ins L. Repeals provisions relating to structured verdicts, allowing receipt of entire damages, inclusive of future damages, in a single lump sum; repealer related provisons.
Article 45 - Evidence
S01083 VOLKER/A01437 LENTOL - Add S4501-a, amd S4503, CPLR. Requires disclosure of confidential communications to the personal representative of a decedent or person under disability; extends to such personal representative the same confidential communications privilege the communicant would have had, had he or she not died or become disabled; authorizes disclosure of such communications in civil cause of action upon court order if harmful. PASSED ASSEMBLY 2/26/2001; PASSED SENATE 3/20/2001. Vetoed by Governor, November 13, 2001, Memo 18.
S02471 LAVALLE - Add Art 37-A SS3705 - 3707, 230-d, amd SS230 & 238, Pub Health L; amd SS6500, 6523, 6530 & 6531, add Art 132-A SS6575 - 6578, Ed L; amd S4504, CPLR Mandates the licensure of persons engaged in the profession of genetic counseling, and creates a genetics advisory council.
S00368 VOLKER/A00148 WEISENBERG - Add S4505-a, CPLR. Provides that communications between police union officials and police union members shall be privileged and confidential. We filed Report No.12 (Kelly) on March 8, 2001, disapproving the bill.
A10724 PAULIN - Add S4505-a, CPLR. Provides for a limited evidentiary privilege for participants in parent education programs certified by the New York state parent education advisory board (created by administrative order of the chief administrative judge) with respect to information about the participant obtained by persons affiliated therewith.
A10730 WEISENBERG - Add S4510-a, CPLR. Makes communications between a client and a peer support team member privileged; sets out limited circumstances on which the communications may be divulged.
S03534 VOLKER/A08387 KLEIN - Amd R4518, CPLR. Relates to information electronically used or stored as a business record; makes such business record admissible in any tangible form that accurately represents the information. (See A8536 of 2000). We filed Report No. 132 (Critelli) on June 8, 2000, approving the same bill in the 1999-2000 session. Signed July 23, 2002, Chapter 136 of the Laws of 2002.
S05316 LACK - Amd R4518, CPLR. Provides for admissibility of all
entries in an authenticated medical record including statements made by
a plaintiff in a personal injury action as to the
S03494 VOLKER - Rpld S4519, CPLR. Repeals section 4519 of the civil practice law and rules relating to personal transactions and communications.
S02299 MONTGOMERY - Add S4519-a, CPLR; add S60.47, CP L. Provides that possession of a condom may not be received in evidence in any trial, hearing or proceeding as evidence of prostitution, patronizing a prostitute, promoting prostitution, permitting prostitution, maintaining a premises for prostitution, lewdness or assignation, or maintaining a bawdy house.
S03485 VOLKER/A07344 WEINSTEIN - Amd R4532-a, CPLR. Broadens the application of the provisions of the civil practice law and rules governing the admissibility of graphic and pictorial representations of medical or diagnostic tests in personal injury cases so as to encompass and medical diagnostic tests that may be developed in the future. PASSED ASSEMBLY 6/11/2001; PASSED SENATE 6/19/2001. Signed October 31, 2001, Chapter 392 of the Laws of 2001.
S03530 VOLKER - Add S4549, CPLR Adopts learned treatise rule, a rule of evidence followed in federal courts allows in evidence published, authoritive literature.
A06909 ABBATE - Add S60.41, CP L; add S4549, CPLR. Provides that in a criminal proceeding in which the defendant is accused of a sex offense, evidence of the defendant`s commission of another sex offense or offenses is admissible, and may be considered for its bearing on any matter to which it is relevant; provides that in a case in which the prosecution intends to offer such evidence, the prosecutor shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause.
S05221 VOLKER/A09046 RULES COMM. - Amd SS5031 & 5041, CPLR. Provides that annuity payments on judgments shall be calculated by dividing the remaining amount of future damages by the number of years over which such payments shall be made; removes the four percent annual adjustment added to the calculation of annuity payments on judgments. See also S02783
Article 52 - Enforcement of Money Judgments
S05491 RATH/A09113 RULES COMM. - Amd S5205, CPLR. Exempts deferred compensation plans, which satisfy the requirements of section 457 of the Internal Revenue Code of 1986, as amended, from execution, garnishment, attachment or any other process. PASSED ASSEMBLY 6/20/2001; PASSED SENATE 6/21/2001. Signed August 6, 2001, Chapter 141 of the Laws of 2001.
S02389 RATH/A06947 DINAPOLI - Amd S5205, CPLR; amd S110, R & SS L Exempts deferred compensation plans, established pursuant to section 457 of the Internal Revenue Code of 1986, as amended, from execution, garnishment, attachment or any other process.
A02996 WERTZ - Amd S5241, CPLR. Authorizes a court to issue an order compelling income payors to disclose the amount of such income and the manner in which such income is paid to a debtor in a support proceeding.
Article 54-A [New] - Interstate Docketing of Judgments between the States of New York and New Jersey
Article 55 - Appeals Generally
S00126 SKELOS - Amd SS5512, 5513 & 5515, CPLR Allows an appeal to be taken from a signed order or judgment before such order or judgment is entered. 01/22/2001 PASSED SENATE. We filed Report No. 1 on January 31, 2001, approving the bill.
S05204 VOLKER - Amd S5519, CPLR. Provides that service of a notice of appeal or an affidavit of intention to move for permission to appeal, with respect to an order denying a motion to dismiss or for summary judgment, stays (not only all proceedings to enforce the judgment or order appealed from, as provided under current law) but also stays all proceedings that are or would be directly affected by a reversal or modification of the judgment or order appealed from (i.e., the service of an answer, discovery, a hearing or a trial, etc.) pending the appeal or the determination on the motion to appeal.
A02077 KLEIN - Amd S5519, CPLR. Provides that the automatic stay granted municipal corporations or municipalities when appealing judgement or order be limited to stay only enforcement of the order that was the subject of appeal. (See A8562 of 2000).
S03540 VOLKER - Amd S5519, CPLR. Excludes judgments, orders or decrees issued in a matrimonial action with provisions for maintenance or child support from a stay of enforcement without a court order. We filed Report No. 36 (Burke) on May 8, 2001, approving the bill.
A11678 WEINSTEIN/S07453 VOLKER - Amd S5529, CPLR. Regulates paper size, page margins, and the method of reproduction of briefs in civil appeals. Signed September 24, 2002, Chapter 595 of the Laws of 2002.
Article 56 - Appeals to the Court of Appeals
A01543 NORMAN/S01695 VOLKER - Amd S5704, CPLR. Provides that an application to receive an ex parte order to vacate or modify an order, made without notice to an adverse party, shall be made to the clerk of the appellate division who shall assign the motion with consideration given to venue and convenience of the litigants; provides for appellate review in non-adversary proceedings. (See A556 and S2060 of 2000).
S05222 VOLKER - Amd S5704, CPLR. Provides for a stay of enforcement pending the determination of a motion, when a political subdivision or the state seeks appellate review of an order granted without notice, however, the appellate court in which the motion is made may vacate, limit or modify such stay.
Article 63 - Injunction
Article 64 - Receivership
Article 65 - Notice of Pendencey
Article 71 - Recovery of Chattel
Article 75 - Arbitration
S04293 SKELOS/A07073 WEPRIN - Amd S7502, CPLR. Provides that where an arbitration proceeding is brought in a county which is not proper, the respondent may have the venue of such proceeding changed to any county that is proper; the failure of a respondent to seek such change of venue shall cause such improper county to become the proper place of venue for such proceeding.
A07526 DINGA - Amd S7507, CPLR. Arbitrators shall provide a concise, written breakdown of any award, regardless of whether it was requested in writing by all parties prior to the appointment of the arbitrator.
A00628 LENTOL - Amd S7511, CPLR. Provides that a court shall modify an arbitration award if the award is subject to a valid offset provision.
Article 76 - Proceeding to Enforce Agreement for Determination of Issue
Article 78 - Proceeding Against Body or Officer
Article 80 - Fees
A03751 BUTLER - Amd SS8018 & 8020, CPLR. Provides for exempting cases originating in a district court, city court, village court, or town court from the index number fee.
A01763 BRODSKY/S07411 RULES COM - Amd S8021, CPLR. Authorizes the governing body of a county to impose a rejection fee of one hundred dollars for the filing of papers or instruments relating to real property when such papers are legally insufficient for the purpose for which they were filed upon submission to the county clerk. (See A8434 fo 2000).
S07437 SKELOS - Amd S4, add S97-yyy, St Fin L; amd S130, rpld subs 1, 1-a & 5, Gen Bus L; amd S8021, CPLR; amd SS203, 206, 211, 802, 1101, 1203 & 1306, Lim Lil L; amd SS121-201, 121-202, 121-902, 121-1300, 121-1500 & 121-1502, rpld S121-1502 sub (m), Partn L; amd S1301, Bus Corp L; amd S8-1.8, EPT L; amd S406, N-PC L. Requires businesses operating in this state under an assumed name to file a certificate with the secretary of state which shall include information of the locations where business is transacted, the names of the principals of the business and the type of business organization; authorizes individuals, partnerships and unincorporated associations to comply with such requirement by filing such certificate with the county clerk where the principal place of business is located; make all provisions relating to operating a business under an assumed name applicable to limited partnerships and limited liability companies; imposes fees for the filing, amendment, renewal and discontinuance of such certificates; provides for the allocation of revenue derived from such fees and establishes the county clerks filing fee reimbursement account; provides for the filing of such certificates by businesses operating under an assumed name which filed a certificate prior to the effective date of the provisions of this act; requires the publishing of all such certificates and certain information therein to be published in local newspapers for 4 weeks.
A09760/S06258 BUDGET BILL - Amd Various Laws, generally. Enacts implementing language and provisions relating to education, labor and family assistance appropriations; relates to aid to education; payment of awards; deposit of certain filing fees; need for juvenile detention facilities; reports on youth remanded to such facilities; child care professional retention program; establishes a child care pilot program. Signed May 29, 2002, Chapter 83 of the Laws of 2002.
Article 83 - Disbursements and Additional Allowances
A05296 STRINGER - Add S8301-a, CPLR Provides for furnishing of transcript of trial for murder or homicide to the victim`s survivors at no cost to victim or survivors; provides that the expense thereof shall be chargeable to the county, or in the counties within the city of New York, a city charge, as the case may be. (See A1959-B of 2000).
S01065 DEFRANCISCO - Rpld & add S8303-a, CPLR Expands the court`s authority to award costs and impose sanctions in order to discourage frivolous litigation; expands the court`s authority to award costs and impose financial sanctions for frivolous conduct to any civil action or proceeding; provides that such authority shall not apply to town or village courts; provides that conduct is deemed frivolous if it is completely without merit in law or fact and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law or it is undertaken primarily to delay or prolong the resolution of litigation, or to harass or maliciously injure another; removes the existing requirement that the court make a subjective finding of bad faith in order to deem an action frivolous. (See S544 of 2000). We filed Report No.11 (Gacioch) on March 8, 2001, approving the bill.
Article 97 - Records of Clerks of the Courts
A09917 MULTISPONSOR/S06315 MULTISPONSOR - Amd S4, Chap 266 of 1981. Extends the statute of limitation for phenoxy herbicide actions for armed forces personnel who served in Indo-China for two additional years until June 16, 2004. Signed June 11 2002, Chapter 88 of the Laws of 2002.
A11655 WEINSTEIN/S07574 VOLKER - Amends Sections 6 & 10, Chap 367 of the Laws of 1999; amends Section 11 of the Ct. of Claims Act, by extending the authorization for pilot programs permitting use of facsimile transmission or electronic means to commence an action or special proceeding until July 1, 2003; authorizes additional counties to participate in such experimental program; makes certain conforming amendments to the court of claims act. See CPLR Committee Report No. 63 on the original 1999 legislation. Signed July 28, 2002, Chapter 103 of the Laws of 2002.
S00864 GOODMAN/A01189 DINOWITZ - Rpld & add Art 6 S4 sub a, SS9-a - 16-a, 21-a, 34, 35, 36, 36-a, 36-c & 37, amd Constn, generally. Proposes a constitutional amendment to merge the County Court, Surrogate`s Court, Family Court, Court of Claims, District Court and Criminal and Civil Courts of New York City into the Supreme Court, thereby creating a single, unified trial court of general jurisdiction and establishes a merit selection process to assure that justices of the Supreme Court are selected on the basis of merit criteria.
A00372 KAUFMAN - Amd Art 6 SS4, 6 & 26, Constn. Provides for a fifth judicial department to be created from within the second department; makes the county of Bronx the twelfth judicial district; eliminates the constitutional limitation on the number of supreme court justices for each judicial district, allowing increase or decrease, but providing that the number may not be decreased below that presently in effect; provides that various judges may not be temporarily assigned to other courts not in the judicial district of his or her residence without their consent and that of the administrative judge of their judicial district.
S01834 SALAND - Rpld & add Art 5-A Title I SS75 - 75-k, Title II SS76 - 76-i, Title III SS77 - 77-p, Title IV SS78 & 78-a, Dom Rel L Enacts the "uniform child custody jurisdiction and enforcement act"; provides for the exercise of exclusive, continuing jurisdiction by the forum in the home state; provides indicia for determining which court`s order is controlling and which court should exercise, or refrain from exercising, jurisdiction to issue, modify and/or enforce child custody orders; provides for an expedited procedure for enforcement of orders.
S01699 VOLKER/A00697 LENTOL - Amd S1113, Fam Ct Act Makes service by the court of an order one of the events which commences the running of the limitations period for appealing family court orders; provides for associated changes in the written notice contained on family court orders regarding the running of the limitations period for appeals We filed Report No. 46 (Uebelhoer) on May 15, 2001, disapproving the bill.
A00252 CHISTENSEN - Amd SS759 & 842, Fam Ct Act. Provides broader circumstances which the court may consider regarding orders of protection in domestic violence cases; provides that in cases where it is alleged and there is cause to believe that an individual has committed acts that constitute a threat of harm, and where the threatened individual requests, the court shall fully consider that the order of protection bar the respondent from the home. (See A2119 of 2000).
A02767 DINGA - Rpld S240 sub 1-b (e) & (f), amd Dom Rel L, generally; amd SS358-a, 384-a, 384-b, 398, 398-d & 111-h, Soc Serv L; amd Fam Ct Act, generally Makes numerous modifications to provisions of various laws relating to child custody matters; provides for shared parenting custody; for parenting time rather than visitation; mediation and counseling in matrimonial actions involving children; sanctions for interference with parenting time; raises the PINS age to 18 for males and females alike; provides for equality in the burden of child support between parents; bases child support on net income exclusive of income and FICA taxes; provides that child support ceases at age 18; requires contract support collection agents to be audited; opens family court to the general public; changes term of office of family court judge from ten years to four years; deals with DNA evidence when question of paternity; increases parental access to information.
A00574 KAUFMAN - Amd S50-e, Gen Muni L. Tolls for the period of infancy of a prospective claimant the requirement that a notice of claim against a public corporation be served within 90 days after a tort claim arises, as a condition precedent to commencement of an action or special proceeding by a prospective claimant who is an infant on the date the claim arises; if such infant prospective claimant dies prior to reaching the age of majority or within the period of 90 days from the date the prospective claimant reaches the age of majority, the notice of claim would have to be served within 90 days after the appointment of a representative of the decedent`s estate. We filed Report No. 42 (Hamm) on May 10, 2001, disapproving the bill.
A06936 WEPRIN - Amd S3212, Ins L; amd SS5038 & 5048, CPLR; add Art 5 Title 17 SS5-1701 - 5-1707, Gen Ob L Enacts the structured settlement protection act; requires that such act provides that benefits, rights, privileges or options accruing under an annuity contract funding a structured settlement may be transferred in accordance with the provisions of title 17 of the general obligations law (the structured settlement protection act); defines structured settlement as an arrangement for periodic payments of damages for personal injuries established by settlement or judgment in resolution of a tort or workers` compensation claim (See A7155-A of 2000).
S00379 DEFRANCISCO - Rpld S474-a, Judy L. Repeals that restriction of the judiciary law prohibiting contingent fees and requiring a sliding scale fee for attorneys in claims or actions for medical, dental or podiatric malpractice. (See S554 of 2000). We filed Report No. 6 (Kreinces) on February 9, 2001, approving the bill.
A01544 NORMAN - Add S474-c, Judy L. Requires attorneys to provide clients with written "retainer contracts" to inform clients of attorneys of the nature of the agreement and the services to be provided by the attorney including the anticipated expenses and charges, the method of billing, the legal steps to be taken and the client`s right to discharge the attorney at any time. (See A555 of 2000).
S00376 DEFRANCISCO - Amd SS751 & 752, Judy L. Makes provisions regarding punishments and commitment for criminal contempt both for conduct in the presense of the court and out of the presense of the court; increases the maximum term of imprisonment for criminal contempt to six months; provides for immediate adjudication of such contempt where the conduct is committed in the court`s presence and disrupts or threatens to disrupt proceeding in progress or undermines the court`s dignity and authority; makes provisions for securing the presense of a contemner when contempt occurs outside the presence of the court. (See S556 of 2000).
A00254 GRANNIS - Add S11-108, Gen Ob L. Creates a civil right of action on behalf of a person injured or killed by a firearm against a person, firm or corporation who sold or transferred such firearm in violation of applicable state or local laws prior to the date of injury or death; permits suit by the attorney general. (A1197 of 2000).
A00373 KAUFMAN - Amd SS204 & 110, NYC Civ Ct Act; add S235-g, RP L Permits New York city housing court in summary proceedings to grant a declaratory judgment or injunctive relief in any matter arising out of such enumerated jurisdictional powers; provides that a right to counterclaim on issues related to tenancy in a summary proceeding may not be waived; makes related provisions.
A00691 KAUFMAN - Amd S1804, NYC Civ Ct Act Provides that small claims brought in New York city civil court be exempted from requirement to file notice of claim against city otherwise required as a condition precedent thereto; also prohibits small claims hearings on such claims against city earlier than 30 days after such claim shall have been commenced.
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