S T A T E O F N E W Y O R K ________________________________________________________________________ 624 1997-1998 Regular Sessions I N A S S E M B L Y (Prefiled) __________ January 8, 1997 ___________ Introduced by M. of A. WEPRIN, CLARK -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules and the election law, in relation to providing for commencement of election law proceedings by filing The People of the State of New York, represented in Senate and Assem- ______________________________________________________________________ bly, do enact as follows: _________________________ 1 Section 1. Section 306-b of the civil practice law and rules, as added 2 by chapter 216 of the laws of 1992, is amended to read as follows: 3  306-b. Filing proof of service in an action commenced in supreme or 4 county court. (a) Proof of service of the summons and complaint, summons 5 with notice, or of the third-party summons and complaint shall be filed 6 with the clerk of the court within one hundred twenty days after the 7 date of filing of the summons and complaint, summons with notice or 8 third-party summons and complaint, provided that in an action or 9 proceeding, other than a proceeding brought under article sixteen of the ______________________________________________________________ 10 election law, where the applicable statute of limitations is four months _____________ 11 or less, such proof of service must be filed not later than fifteen days 12 after the date on which the applicable statute of limitations expires. 13 In a proceeding brought under article sixteen of the election law, ________________________________________________________________________ 14 service must be made not later than the day after the last day to insti- ________________________________________________________________________ 15 tute the proceeding, and proof of service must be filed not later than ________________________________________________________________________ 16 two days after the last day on which such service may be made. If proof _______________________________________________________________ 17 of service is not filed and there has been no appearance by the defend- 18 ant within the time provided in this section for filing proof of 19 service, the action or third-party action shall be deemed dismissed as 20 to the non-appearing party with respect to whom no proof of service has 21 been filed, without prejudice and without costs. 22 (b) If an action dismissed for failure to file proof of service pursu- 23 ant to this section or for failure to effect proper service was timely EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD03067-01-7 A. 624 2 1 commenced, the plaintiff may commence a new action, despite the expira- 2 tion of the statute of limitations after the commencement of the 3 original action, upon the same transaction or occurrence or series of 4 transactions or occurrences within one hundred twenty days of such 5 dismissal provided that service upon the defendant is effected within 6 such one hundred twenty day period. Where the claim asserted is in a 7 proceeding against a body or officer which must be commenced within four 8 months or less, the plaintiff must commence the new action and serve the 9 defendant [with] within fifteen days of such dismissal. No such recom- ______ _______________ 10 mencement of a proceeding under article sixteen of the election law ________________________________________________________________________ 11 shall be permitted. ___________________ 12  2. Section 16-116 of the election law is amended to read as follows: 13  16-116. Proceedings; provisions in relation thereto. A special 14 proceeding under the foregoing provisions of this article shall be 15 [heard upon] instituted by filing an order to show cause and a verified _______________________________________________ 16 petition in the manner provided by section three hundred four of the ______________________________________________________________ 17 civil practice law and rules and shall be heard upon such oral or writ- ____________________________ ___________________ 18 ten proof as may be offered[, and upon such notice to]. Service of _____________ 19 process in the proceeding shall be made by serving a conformed copy of ________________________________________________________________________ 20 the order to show cause and of the verified petition on such officers, _________________________________________________________ 21 persons or committees as the court or justice shall direct, [and] within ______ 22 the time required by subdivision (a) of section three hundred six-b of ________________________________________________________________________ 23 the civil practice law and rules. Proof of service of process shall be ________________________________________________________________________ 24 filed within the time required by subdivision (a) of section three ________________________________________________________________________ 25 hundred six-b of the civil practice law and rules. The proceeding shall __________________________________________________________________ 26 be summarily determined[. The proceeding] and shall have preference over ___ 27 all other causes in all courts. The petition in any such proceeding 28 instituted by the state or other board of elections shall be verified by 29 the persons specified in accordance with rules promulgated by the state 30 board of elections. In the city of New York, a proceeding relating to a 31 run-off primary brought pursuant to this article shall have first pref- 32 erence over all other proceedings. 33  3. This act shall take effect on the first day of December next 34 succeeding the date on which it shall have become a law and shall apply 35 to special proceedings under article 16 of the election law commenced on 36 or after its effective date.