S T A T E   O F   N E W   Y O R K                   
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                                        3566--A                                
                                                                  R. R. 380    
                                                                               
                              1999-2000 Regular Sessions                       
                                                                               
                                 I N  A S S E M B L Y                          
                                                                               
                                   February 2, 1999                            
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       Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
         tee on Codes -- recommitted to the Committee on  Rules  in  accordance
         with  Assembly Rule 3, sec. 2 -- amended on the special order of third
         reading, ordered reprinted as amended,  retaining  its  place  on  the
         special order of third reading                                        
                                                                               
       AN  ACT  to  amend  the civil practice law and rules, in relation to the
         validity of service of process in certain circumstances               
                                                                               
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:                                               
                                                                               
    1    Section  1. Section 308 of the civil practice law and rules is amended
    2  by adding a new closing paragraph to read as follows:                   
    3    WHERE BOTH ACTS OF SERVICE PURSUANT TO SUBDIVISION TWO OR FOUR OF THIS
    4  SECTION HAVE BEEN  ATTEMPTED,  AND  ONE  OF  THE  TWO  ACTS  OF  SERVICE
    5  PRESCRIBED  HAS BEEN VALIDLY EFFECTED, IT SHALL BE SUFFICIENT TO SUSTAIN
    6  THE SERVICE IF IT IS SHOWN THAT  THE  DEFENDANT  ACTUALLY  HAS  RECEIVED
    7  PROCESS.                                                                
    8    S  2.  This  act  shall  take  effect on the first day of January next
    9  succeeding the date on which it shall have become a law, and shall  only
   10  apply to actions and proceedings commenced on or after that date.       
                                                                               
                                                                               
                                                                               
                                                                               
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD06953-02-0
.SO DOC A 3566A         *END*                    BTXT                 1999     

Bill A03566
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