S T A T E   O F   N E W   Y O R K                   
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                                         5936                                  
                                                                               
                              1999-2000 Regular Sessions                       
                                                                               
                                 I N  A S S E M B L Y                          
                                                                               
                                     March 2, 1999                             
                                      ___________                              
                                                                               
       Introduced by M. of A. WEPRIN -- read once and referred to the Committee
         on Judiciary                                                          
                                                                               
       AN  ACT  to amend the civil practice law and rules, in relation to addi-
         tional time to appeal where service of the notice  of  entry  is  made
         upon an attorney by means of mail or overnight delivery service       
                                                                               
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:                                               
                                                                               
    1    Section 1. Section 5513 of the civil practice law and rules is amended
    2  by adding a new subdivision (d) to read as follows:                     
    3    (D) ADDITIONAL TIME WHERE SERVICE OF JUDGMENT OR ORDER AND  NOTICE  OF
    4  ENTRY  IS SERVED BY MAIL OR OVERNIGHT DELIVERY SERVICE. WHERE SERVICE OF
    5  THE JUDGMENT OR ORDER TO BE APPEALED FROM  AND  WRITTEN  NOTICE  OF  ITS
    6  ENTRY  IS  MADE  BY MAIL PURSUANT TO PARAGRAPH TWO OF SUBDIVISION (B) OF
    7  RULE TWENTY-ONE HUNDRED THREE OR BY OVERNIGHT DELIVERY SERVICE  PURSUANT
    8  TO  PARAGRAPH SIX OF SUBDIVISION (B) OF RULE TWENTY-ONE HUNDRED THREE OF
    9  THIS CHAPTER, THE ADDITIONAL DAYS  PROVIDED  BY  SUCH  PARAGRAPHS  SHALL
   10  APPLY  TO  THIS ACTION, REGARDLESS OF WHICH PARTY SERVES THE JUDGMENT OR
   11  ORDER WITH NOTICE OF ENTRY.                                             
   12    S 2. This act shall take effect immediately, and shall apply to  judg-
   13  ments and orders with notices of entry served on or after such date.    
                                                                               
                                                                               
                                                                               
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD08631-01-9
.SO DOC A 5936          *END*                    BTXT                 1999     

Bill A05936
[ Bill Information ]