S T A T E   O F   N E W   Y O R K
    ________________________________________________________________________
                                      4531
                           1997-1998 Regular Sessions
                                I N  S E N A T E
                                 April 15, 1997
                                   ___________
    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 elimi-
      nating the need for a court order sending an infant's personal  injury
      claim to arbitration
      The  People of the State of New York, represented in Senate and Assem-
      ______________________________________________________________________
    bly, do enact as follows:
    _________________________
 1    Section 1. Section 1209 of  the  civil  practice  law  and  rules,  as
 2  amended  by  chapter  115  of  the  laws  of 1981, is amended to read as
 3  follows:
 4      1209.  Arbitration  of  controversy  involving  infant,  judicially
 5  declared  incompetent or conservatee. A controversy involving an infant,
 6  person judicially declared to be incompetent or conservatee shall not be
 7  submitted to arbitration except pursuant to  a  court  order  made  upon
 8  application of the representative of such infant, incompetent or conser-
 9  vatee;  provided,  however,  that a claim brought on behalf of an infant
         ___________________________________________________________________
10  pursuant to paragraph one or two of subdivision  (f)  of  section  three
    ________________________________________________________________________
11  thousand  four  hundred  twenty of the insurance law may be submitted to
    ________________________________________________________________________
12  arbitration without a court order.
    _________________________________
13     2. This act shall take effect immediately.
     EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                            _______
                          [ ] is old law to be omitted.
                                                               LBD10317-01-7