S T A T E   O F   N E W   Y O R K                   
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                                         3070                                  
                                                                               
                              1999-2000 Regular Sessions                       
                                                                               
                                   I N  S E N A T E                            
                                                                               
                                     March 1, 1999                             
                                      ___________                              
                                                                               
       Introduced  by  Sen.  SKELOS -- 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  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 S 3070          *END*                    BTXT                 1999     

Bill S03070
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