STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4957
 
                               2003-2004 Regular Sessions
 
                    IN SENATE
 
                                       May 2, 2003
                                       ___________
 
        Introduced by Sen. VOLKER -- (at request of the Judiciary) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Codes
 
        AN  ACT  to  amend  the civil practice law and rules, in relation to the
          inadvertent filing of papers with the wrong clerk
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 2001 of the civil practice law and rules is amended
     2  to read as follows:
     3    §  2001. Mistakes, omissions, defects and irregularities. At any stage
     4  of an action, the court may permit a mistake, omission, defect or irreg-
     5  ularity to be corrected, upon such terms  as  may  be  just,  or,  if  a
     6  substantial  right  of a party is not prejudiced, the mistake, omission,
     7  defect or irregularity shall be disregarded.  This provision shall apply
     8  to the filing of papers, including the filing of  papers  initiating  an
     9  action or claim, provided such filing is timely.
    10    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14430-01-3