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A06554 Summary:

BILL NO    A06554 

SAME AS    SAME AS S04850

SPONSOR    Braunstein (MS)

COSPNSR    Weinstein, Titone, Hennessey, Weprin, Gottfried

MLTSPNSR   Titus

Amd S3103, CPLR

Prevents abuse during discovery.
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A06554 Actions:

BILL NO    A06554 

04/09/2013 referred to judiciary
04/16/2013 reported 
04/18/2013 advanced to third reading cal.171
04/24/2013 passed assembly
04/24/2013 delivered to senate
04/24/2013 REFERRED TO JUDICIARY
06/11/2013 SUBSTITUTED FOR S4850
06/11/2013 3RD READING CAL.1019
06/11/2013 PASSED SENATE
06/11/2013 RETURNED TO ASSEMBLY
07/19/2013 delivered to governor
07/31/2013 signed chap.205
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A06554 Votes:

A06554 04/24/2013 138/0
AbbateYColtonYGarbariYKearnsYMillerYReilichERSteckY
AbinantYCookYGibsonYKellnerYMillmanYRiveraYStevensER
ArroyoYCorwinYGiglioYKimYMontesaYRobertsYStirpeY
AubryYCrespoYGjonajYKolbYMorelleYRobinsoYSweeneyY
BarclayYCrouchYGlickYLalorYMosleyYRodriguYTediscoY
BarrettYCurranYGoldfedYLavineYMoyaYRosaYTenneyY
BarronYCusickYGoodellYLentolYNojayYRosenthYThieleY
BenedetYCymbrowYGottfriYLiftonYNolanYRozicYTitoneER
BlankenERDenDekkYGrafYLope PDYOaksERRussellYTitusY
BorelliYDinowitYGuntherYLope VJERO'DonneYRyanYWalterY
BoylandYDiPietrYHawleyYLupardoYOrtizYSaladinYWeinsteY
BraunstYDupreyYHeastieYLupinacYOtisYSantabaYWeisenbY
BrennanYEnglebrYHennessYMageeYPalmesaYScarborYWeprinY
BrindisYEspinalYHevesiYMagnareYPaulinYSchimelYWrightY
BronsonYFahyYHikindERMaiselYPeoplesYSchimmiYZebrowsY
Brook-KYFarrellYHooperERMalliotERPerryYSepulveYMr SpkrY
BuchwalYFinchYJacobsYMarkeyYPretlowYSimanowY
ButlerYFitzpatYJaffeeYMayerYQuartYSimotasY
CahillYFriendYJohnsYMcDonalYRaYSkartadY
CamaraYGabryszYJordanYMcDonouYRabbittYSkoufisY
CerettoYGalefYKatzYMcKevitYRaiaYSolagesY
ClarkERGanttYKavanagYMcLaughYRamosYStecY

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A06554 Memo:

BILL NUMBER:A6554

TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to prevention of abuse during discovery

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Civil Practice.

This measure would amend CPLR S 3103(a) to expand the delineated
persons who may seek the remedy of a protective order in regard to the
use of discovery devices such as a subpoena for records.

Presently the statute contemplates protective orders made by the court
on its own motion or on motion of a party or a person from whom
discovery is sought. Not addressed is a person about whom records are
being subpoenaed from either a party or another non-party. By way of
example, if an accountant is subpoenaed to produce the records of
clients who are not parties to the litigation, it is unclear under the
present statute whether the non-party clients would have standing to
object to the production of their records.

It would be an unwarranted anomaly for such non-parties to have less
of a right to protect their records than those persons already
delineated in the statute.

It should be noted that it is not the purpose of this amendment to
change existing case law as to whether or not a third party has a
protectable interest in certain records. See, Norkin v. Hoey, 181
A.D.2d 248, 252 (1st Dept., 1992) (bank records); People v.
DiRaffaele, 55 N.Y.2d 234 (1982) (telephone records). This measure
would solely provide a procedural mechanism by which a person, whose
information is contained in the records sought, may object to the
subpoena.

This measure would have no fiscal impact on the State. It would take
effect immediately and apply to all actions pending on such effective
date or commenced on or after such effective date.

Legislative History: None. New proposal.
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A06554 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6554

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     April 9, 2013
                                      ___________

       Introduced  by  M. of A. BRAUNSTEIN, WEINSTEIN, TITONE, HENNESSEY -- (at
         request of the Office  of  Court  Administration)  --  read  once  and
         referred to the Committee on Judiciary

       AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
         prevention of abuse during discovery

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subdivision (a) of section 3103 of the civil practice law
    2  and rules, as amended by chapter 98 of the laws of 1993, is  amended  to
    3  read as follows:
    4    (a)  Prevention  of abuse. The court may at any time on its own initi-
    5  ative, or on motion of any party or of any person  from  whom  OR  ABOUT
    6  WHOM  discovery  is  sought,  make a protective order denying, limiting,
    7  conditioning or regulating the use of any disclosure device. Such  order
    8  shall be designed to prevent unreasonable annoyance, expense, embarrass-
    9  ment, disadvantage, or other prejudice to any person or the courts.
   10    S  2.  This  act  shall take effect immediately and shall apply to all
   11  actions pending on such effective date or commenced  on  or  after  such
   12  effective date.





        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09758-01-3
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