COMMITTEE ON CIVIL PRACTICE LAW AND RULES
MINUTES OF FALL MEETING
October 2, 1998

MEETING called to order at 12:15 p.m.

PRESENT: Paul H. Aloe, Chair, Sharon Stern Gerstman, Co-Chair, Steven Critelli, Secretary, and Joseph Einstein, Kim Steven Juhase, Maurice Chayt, Ray Bragar, Jim Gacioch, Susan English, James Blair, David Ferstendig, Hon. Myriam J. Altman, David Goldstein, Mathew Kreinces, Michael Schmidt, Christopher Garvey, John Jablonski, Robert Kaplan, and Hon. Michael D. Stallman.

I.     Introduction to Meeting
The Chair opened the first meeting of the 1998-1999 term by giving an introduction of the officers, the principal mission and past work of the committee, noting the committee's web presence, its effective work to create, advocate and monitor CPLR legislation. Of the eight CPLR measures adopted into law in the last legislative session, three of the bills were the creation of our committee.

II      Review of the 1998 Legislative Session.  The Committee then reviewed the results of the 1998 legislative sessions with respect to CPLR bills.  Specifically discussed were the following:

III After a brief reference to the OCA bill on electronic filing which did not pass, the Chair and the committee discussed the following proposals which did not pass during the last legislative session.

B. Other CPLR bills that failed to pass

IV.     New Proposals

VI. Mr. Aloe then raised the subject of proposed legislation that was debated in the Executive Committee in spring; viz., (A) David Ferstendig drafted legislation to explicitly provide that a proposed appellant who serves notice of entry is entitled to 5 extra days to take an appeal if the service of the notice of entry is made by mail, thereby resolving a conflict among the Departments and (B) Joseph Einstein drafted legislation to provide that an order will be effective upon notice of the signing of the order. (rather than notice of entry). Because of some questions raised by the Trial Lawyers Section, the Committee will attempt to address those concerns and prepare legislation for submission to the Executive Committee.

VII. The Chair also discussed our work with the NYSBA Commission on Providing Access to Middle Income Consumers in connection with the draft of the Simplified Case Resolution proposal. Our Committee made recommendations to the Commission with respect to their proposal. Mr. Aloe is expected to communicate with the Commission to determine the progress of their proposal.

VIII. Other existing CPLR Committee projects: Jim Gacioch will propose a repeal of both "CPLR 8303-a" sections in deference to Uniform Court Rule 130.1.

IX. The Committee also decided not to seek to extend the commencement by filing rule to the lower courts.

Whereupon, all business being concluded, the meeting was adjourned at 3:10 p.m.