S T A T E O F N E W Y O R K
________________________________________________________________________
6914--A
Cal. No. 976
I N S E N A T E
March 7, 2000
___________
Introduced by Sen. LACK -- (at request of the Judiciary) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Judiciary -- reported favorably from said committee, ordered to
first and second report, ordered to a third reading, substituted for
Assembly No. 5763A, vote on substitution reconsidered, restored to
third reading, amended and ordered reprinted, retaining its place in
the order of third reading
AN ACT to amend the New York city civil court act, the uniform district
court act, the uniform city court act and the uniform justice court
act, in relation to the time for taking an appeal from a small claims
judgment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1703 of the New York city civil court act, as added
2 by chapter 564 of the laws of 1963, is amended to read as follows:
3 S 1703. Appeals; practice and procedure in general. (A) Practice and
4 procedure on appeals shall be as provided in article 55 of the CPLR
5 except insofar as this act or the rules of this court consistent with
6 this act otherwise provide.
7 (B) AN APPEAL AS OF RIGHT FROM A JUDGMENT ENTERED IN A SMALL CLAIM OR
8 A COMMERCIAL CLAIM MUST BE TAKEN WITHIN THIRTY DAYS OF THE FOLLOWING,
9 WHICHEVER FIRST OCCURS:
10 1. SERVICE BY THE COURT OF A COPY OF THE JUDGMENT APPEALED FROM UPON
11 THE APPELLANT.
12 2. SERVICE BY A PARTY OF A COPY OF THE JUDGMENT APPEALED FROM UPON THE
13 APPELLANT.
14 3. SERVICE BY THE APPELLANT OF A COPY OF THE JUDGMENT APPEALED FROM
15 UPON A PARTY.
16 WHERE SERVICE AS PROVIDED IN PARAGRAPHS ONE THROUGH THREE OF THIS SUBDI-
17 VISION IS BY MAIL, FIVE DAYS SHALL BE ADDED TO THE THIRTY DAY PERIOD
18 PRESCRIBED IN THIS SECTION.
19 S 2. Subdivision (c) of section 1811 of the New York city civil court
20 act is relettered subdivision (d) and a new subdivision (c) is added to
21 read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD14968-04-0
S. 6914--A 2
1 (C) NOTICE OF JUDGMENT SENT TO EACH PARTY SHALL INCLUDE THE FOLLOWING
2 STATEMENT: "AN APPEAL FROM THIS JUDGMENT MUST BE TAKEN NO LATER THAN THE
3 EARLIEST OF THE FOLLOWING DATES: (I) THIRTY DAYS AFTER RECEIPT IN COURT
4 OF A COPY OF THE JUDGMENT BY THE APPEALING PARTY, (II) THIRTY DAYS AFTER
5 PERSONAL DELIVERY OF A COPY OF THE JUDGMENT BY ANOTHER PARTY TO THE
6 ACTION TO THE APPEALING PARTY (OR BY THE APPEALING PARTY TO ANOTHER
7 PARTY), OR (III) THIRTY-FIVE DAYS AFTER THE MAILING OF A COPY OF THE
8 JUDGMENT TO THE APPEALING PARTY BY THE CLERK OF THE COURT OR BY ANOTHER
9 PARTY TO THE ACTION."
10 S 3. Section 1703 of the uniform district court act is amended to read
11 as follows:
12 S 1703. Appeals; practice and procedure in general.
13 (A) Practice and procedure on appeals shall be as provided in article
14 55 of the CPLR except insofar as this act or the rules of this court
15 consistent with this act otherwise provide.
16 (B) AN APPEAL AS OF RIGHT FROM A JUDGMENT ENTERED IN A SMALL CLAIM OR
17 A COMMERCIAL CLAIM MUST BE TAKEN WITHIN THIRTY DAYS OF THE FOLLOWING,
18 WHICHEVER FIRST OCCURS:
19 1. SERVICE BY THE COURT OF A COPY OF THE JUDGMENT APPEALED FROM UPON
20 THE APPELLANT.
21 2. SERVICE BY A PARTY OF A COPY OF THE JUDGMENT APPEALED FROM UPON THE
22 APPELLANT.
23 3. SERVICE BY THE APPELLANT OF A COPY OF THE JUDGMENT APPEALED FROM
24 UPON A PARTY.
25 WHERE SERVICE AS PROVIDED IN PARAGRAPHS ONE THROUGH THREE OF THIS SUBDI-
26 VISION IS BY MAIL, FIVE DAYS SHALL BE ADDED TO THE THIRTY DAY PERIOD
27 PRESCRIBED IN THIS SECTION.
28 S 4. Subdivision (c) of section 1811 of the uniform district court act
29 is relettered subdivision (d) and a new subdivision (c) is added to read
30 as follows:
31 (C) NOTICE OF JUDGMENT SENT TO EACH PARTY SHALL INCLUDE THE FOLLOWING
32 STATEMENT: "AN APPEAL FROM THIS JUDGMENT MUST BE TAKEN NO LATER THAN THE
33 EARLIEST OF THE FOLLOWING DATES: (I) THIRTY DAYS AFTER RECEIPT IN COURT
34 OF A COPY OF THE JUDGMENT BY THE APPEALING PARTY, (II) THIRTY DAYS AFTER
35 PERSONAL DELIVERY OF A COPY OF THE JUDGMENT BY ANOTHER PARTY TO THE
36 ACTION TO THE APPEALING PARTY (OR BY THE APPEALING PARTY TO ANOTHER
37 PARTY), OR (III) THIRTY-FIVE DAYS AFTER THE MAILING OF A COPY OF THE
38 JUDGEMENT TO THE APPEALING PARTY BY THE CLERK OF THE COURT OR BY ANOTHER
39 PARTY TO THE ACTION."
40 S 5. Section 1703 of the uniform city court act is amended to read as
41 follows:
42 S 1703. Appeals; practice and procedure in general.
43 (A) Practice and procedure on appeals shall be as provided in article
44 55 of the CPLR except insofar as this act or the rules of this court
45 consistent with this act otherwise provide.
46 (B) AN APPEAL AS OF RIGHT FROM A JUDGMENT ENTERED IN A SMALL CLAIM OR
47 A COMMERCIAL CLAIM MUST BE TAKEN WITHIN THIRTY DAYS OF THE FOLLOWING,
48 WHICHEVER FIRST OCCURS:
49 1. SERVICE BY THE COURT OF A COPY OF THE JUDGMENT APPEALED FROM UPON
50 THE APPELLANT.
51 2. SERVICE BY A PARTY OF A COPY OF THE JUDGMENT APPEALED FROM UPON THE
52 APPELLANT.
53 3. SERVICE BY THE APPELLANT OF A COPY OF THE JUDGMENT APPEALED FROM
54 UPON A PARTY.
S. 6914--A 3
1 WHERE SERVICE AS PROVIDED IN PARAGRAPHS ONE THROUGH THREE OF THIS SUBDI-
2 VISION IS BY MAIL, FIVE DAYS SHALL BE ADDED TO THE THIRTY DAY PERIOD
3 PRESCRIBED IN THIS SECTION.
4 S 6. Subdivision (c) of section 1811 of the uniform city court act is
5 relettered subdivision (d) and a new subdivision (c) is added to read as
6 follows:
7 (C) NOTICE OF JUDGMENT SENT TO EACH PARTY SHALL INCLUDE THE FOLLOWING
8 STATEMENT: "AN APPEAL FROM THIS JUDGMENT MUST BE TAKEN NO LATER THAN THE
9 EARLIEST OF THE FOLLOWING DATES: (I) THIRTY DAYS AFTER RECEIPT IN COURT
10 OF A COPY OF THE JUDGMENT BY THE APPEALING PARTY, (II) THIRTY DAYS AFTER
11 PERSONAL DELIVERY OF A COPY OF THE JUDGMENT BY ANOTHER PARTY TO THE
12 ACTION TO THE APPEALING PARTY (OR BY THE APPEALING PARTY TO ANOTHER
13 PARTY), OR (III) THIRTY-FIVE DAYS AFTER THE MAILING OF A COPY OF THE
14 JUDGMENT TO THE APPEALING PARTY BY THE CLERK OF THE COURT OR BY ANOTHER
15 PARTY TO THE ACTION."
16 S 7. Section 1703 of the uniform justice court act is amended to read
17 as follows:
18 S 1703. Appeals; practice and procedure in general.
19 (A) Practice and procedure on appeals shall be as provided in article
20 55 of the CPLR except insofar as this act or the rules of this court
21 consistent with this act otherwise provide.
22 (B) AN APPEAL AS OF RIGHT FROM A JUDGMENT ENTERED IN A SMALL CLAIM OR
23 A COMMERCIAL CLAIM MUST BE TAKEN WITHIN THIRTY DAYS OF THE FOLLOWING,
24 WHICHEVER FIRST OCCURS:
25 1. SERVICE BY THE COURT OF A COPY OF THE JUDGMENT APPEALED FROM UPON
26 THE APPELLANT.
27 2. SERVICE BY A PARTY OF A COPY OF THE JUDGMENT APPEALED FROM UPON THE
28 APPELLANT.
29 3. SERVICE BY THE APPELLANT OF A COPY OF THE JUDGMENT APPEALED FROM
30 UPON A PARTY.
31 WHERE SERVICE AS PROVIDED IN PARAGRAPHS ONE THROUGH THREE OF THIS SUBDI-
32 VISION IS BY MAIL, FIVE DAYS SHALL BE ADDED TO THE THIRTY DAY PERIOD
33 PRESCRIBED IN THIS SECTION.
34 S 8. Subdivision (c) of section 1811 of the uniform justice court act
35 is relettered subdivision (d) and a new subdivision (c) is added to read
36 as follows:
37 (C) NOTICE OF JUDGMENT SENT TO EACH PARTY SHALL INCLUDE THE FOLLOWING
38 STATEMENT: "AN APPEAL FROM THIS JUDGMENT MUST BE TAKEN NO LATER THAN THE
39 EARLIEST OF THE FOLLOWING DATES: (I) THIRTY DAYS AFTER RECEIPT IN COURT
40 OF A COPY OF THE JUDGMENT BY THE APPEALING PARTY, (II) THIRTY DAYS AFTER
41 PERSONAL DELIVERY OF A COPY OF THE JUDGMENT BY ANOTHER PARTY TO THE
42 ACTION TO THE APPEALING PARTY (OR BY THE APPEALING PARTY TO ANOTHER
43 PARTY), OR (III) THIRTY-FIVE DAYS AFTER THE MAILING OF A COPY OF THE
44 JUDGMENT TO THE APPEALING PARTY BY THE CLERK OF THE COURT OR BY ANOTHER
45 PARTY TO THE ACTION."
46 S 9. This act shall take effect on the ninetieth day after it shall
47 have become a law and shall apply to all actions commenced on and after
48 such effective date.
.SO DOC S 6914A *END* BTXT 1999
Bill S06914
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