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A02448 Summary:

BILL NO    A02448 

SAME AS    No same as 

SPONSOR    Abinanti

COSPNSR    

MLTSPNSR   

Add Art 99 SS9900 - 9902, CPLR

Relates to e-filing.
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A02448 Text:

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

                                         2448

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 16, 2015
                                      ___________

       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee on Judiciary

       AN  ACT to amend the civil practice law and rules, in relation to e-fil-
         ing

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

    1    Section 1. The civil practice law and rules is amended by adding a new
    2  article 99 to read as follows:

    3                                 ARTICLE 99
    4                                  E-FILING

    5  SECTION 9900. DEFINITIONS.
    6          9901. E-FILING.
    7          9902. NOTICE OF E-FILING.
    8    S  9900.  DEFINITIONS.  FOR PURPOSES OF THIS ARTICLE, "E-FILING" SHALL
    9  MEAN THE FILING OF LEGAL PAPERS BY ELECTRONIC MEANS.
   10    S 9901. E-FILING. 1. ANSWERS TO PLEADINGS, MOTIONS, AND  RESPONSES  TO
   11  MOTIONS  MUST  BE E-FILED. ANY COUNSEL MAKING A PLEADING OR MOTION WHICH
   12  REQUIRES OPPOSING COUNSEL TO E-FILE HIS OR HER ANSWER OR RESPONSE  SHALL
   13  INCLUDE  A BRIEF STATEMENT STATING THAT ANY PAPERS SUBMITTED IN RESPONSE
   14  MUST BE FILED WITH THE COURT THROUGH ELECTRONIC  MEANS.  SUCH  STATEMENT
   15  SHALL ALSO INCLUDE THE PROPER EMAIL ADDRESS TO WHICH SUCH OPPOSING COUN-
   16  SEL  SHALL  SUBMIT HIS OR HER PAPERS. THE INCLUSION OF AN IMPROPER EMAIL
   17  ADDRESS OR FAILURE TO INCLUDE SUCH STATEMENT  SHALL  RENDER  ANY  PAPERS
   18  VOID.
   19    2. THE FOLLOWING PAPERS MAY NOT BE E-FILED:
   20    A. DISCOVERY DEMANDS;
   21    B. RESPONSES TO ANY DISCOVERY DEMANDS;
   22    3. E-FILING OF ANY PAPERS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION
   23  SHALL NOT CONSTITUTE PROPER SERVICE OR FILING OF SUCH PAPERS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04833-01-5
       A. 2448                             2

    1    S  9902. NOTICE OF E-FILING. A NOTICE OF E-FILING SHALL BE SERVED UPON
    2  OPPOSING COUNSEL. SUCH NOTICE SHALL BE MADE BY MAILING  SUCH  NOTICE  BY
    3  FIRST CLASS MAIL TO SUCH COUNSEL AT HIS OR HER ACTUAL PLACE OF BUSINESS,
    4  OR AT THE ADDRESS PROVIDED BY SUCH COUNSEL FOR THE PURPOSES OF RECEIVING
    5  DOCUMENTS.  AN AFFIDAVIT OF SERVICE SHALL BE FILED WITH THE CLERK OF THE
    6  COURT DESIGNATED IN THE NOTICE. SERVICE SHALL BE DEEMED COMPLETED TWENTY
    7  DAYS AFTER THE FILING OF SUCH AFFIDAVIT.
    8    S 2. This act shall take effect on the ninetieth day  after  it  shall
    9  have  become  a law and shall apply to any papers filed on or after such
   10  effective date.
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