COMMITTEE ON CIVIL PRACTICE LAW AND RULES
MINUTES OF MARCH 19, 1999 TELEPHONIC MEETING
MEETING called to order at 1:00 p.m.
PRESENT: Paul Aloe, Chair, Sharon Stern
Gerstman, Vice-Chair, Steven Critelli, Secretary, Steven Curvin, Rob Knapp,
Ray Bragar, David Ferstendig, Richard Lauder, David Hamm, Richard S. Laudor,
Andrew Zeitlin, Jim Blair and Venita A. Parker.
Introduction to Meeting
Report on OCA Advisory Committee Position on CPLR Bills (Sharon
Amendment to CPLR
5513 concerning the timing of notice of appeal where appellant serves
order with notice of entry by mail. OCA Committee supports Committee
proposal in the spirit of advancing beneficial legislation; however, OCA
may introduce their own bill which only gives the 5 days to the serving
to CPLR 304, 306-a and 306-b with respect to commencement of special
proceedings. OCA reversed position in support.
Amendment to CPLR
7502 OCA Committee in support.
Pressing Items in Legislature for Committee Action
Privilege (sal of Association of the Bar of the City of New York, Council
on Judicial Administration). Measure previously endorsed by the committee,
subject to any comments regarding the langauge of the proposal, and subject
to consideration by the author of whether or not it is intended to apply
to criminal proceedings. Committee supported Ms. Gerstman recommendation
to refer proposal to criminal justice section for comment.
Telephonic Deposition Bill. Committee voted to endorse Jim Gacioch's
version of the proposal. The vote was 8 yes, 2 no, 1 absention.
By acclamation, the phrase "for good cause shown" was removed from the
Current Working Version (S3524*
by Jim Gacioch*
Jim Blair Disapproving Previous Measure
Tort Reform. NYSBA has a task force. The CPLR committee previously
issued a report on the prior bill relied upon by the Task Force.
The Task Force has invited comments from the CPLR Committee, which must
be received by April 5, 1999. Sharon Gerstman to review
and report to Committee.
Report of the NYSBA Task Force to Consider tort Reform Proposals regarding
Civil Justice Reform Act (To be Disburbuted by Fax to Members of the Committee).
Committee Report to the NYSBA Task Force from April 7, 1998 Meeting.
"Civil Justice Reform Act".
OCA Proposal: Pilot Program Permitting Use of Facsimile Transmission
or Electronic Means for Filing Papers in an Action or Special Proceeding
(To be distributed by fax to members of the Committee). The Committee
tabled discussion until proposed regulations are circulated.
OCA Proposal on commencement of election law proceedings (Gerstman) - proposal
to commence by service (rather than filing) - we will write to amy vance
and george carpinello to advise of the logistical problems with proposal.
and circulate OCA proposal and Committee proposed response.
3. Affirmative Legislation Proposals Proposed
CPLR Committee for Consideration by Members
to Amend CPLR 3102 with regard to timing of discovery (Curvin).
Issue was whether proposed language is too broad an approach to remedy
DiNardo. Should we have directly addressed DiNardo rule. Steve Curvin
will rework proposal to address DiNardo more directly.
4. Preview of Matters to be Discussed
in April (NB. Other matters from January meeting will be discussed
New Business No new business was discussed.
a. Various Measures to Amend CPLR art 50-A
OCA Proposal - To be circulated to the Committee.
Proposal to amend CPLR 5031 & 5041, relating to the calculation of
annuity payments on judgments. The bill provides that such annual
payment shall be calculated by dividing the remaining amount of future
damages by the number of years over which such payments shall be made and
removes the four percent annual adjustment added to the calculation of
annuity payments or judgments.
Meeting ended 3:45 p.m.