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A06564 Summary:

BILL NOA06564A
 
SAME ASSAME AS S04777-B
 
SPONSORGunther
 
COSPNSR
 
MLTSPNSR
 
Rpld & add §28, Gen Con L; amd §§100 & 100-a, Bank L; amd §§402 & 508, Cor L; amd §4519, CPLR; amd §251, D & C L; amd §§140, 141 & 142, Dom Rel L; amd Art 9 Art Head, §§9.03, 9.35, 9.47 & 31.16, Ment Hyg L; amd §§1531 & 1651, RPAP L; amd §§1804 & 1804-A, NYC Civ Ct Act; amd §§1804 & 1804-A, UCCA; amd §§1804 & 1804-A, UDCA; amd §1804, UJCA
 
Replaces certain instances of the word "mentally ill person" with "person with a mental illness" or "person with a mental disability".
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A06564 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6564--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 19, 2021
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Mental Health -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the  general  construction law, the banking law, the
          correction law, the civil practice law and rules, the debtor and cred-
          itor law, the domestic relations law, the mental hygiene law, the real
          property actions and proceedings law, the New York  City  civil  court
          act,  the  uniform city court act, the uniform district court act, and
          the uniform justice  court  act,  in  relation  to  replacing  certain
          instances of the word "mentally ill person" with "person with a mental
          illness"  or "person with a mental disability" or a variation thereof;
          and to repeal certain  provisions  of  the  general  construction  law
          relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 28 of the general construction law is REPEALED  and
     2  a new section 28 is added to read as follows:
     3    §  28.  Mental  disability,  mental illness, developmental disability,
     4  addictive disorder and addiction disorder. The terms mental  disability,
     5  mental   illness,   developmental  disability,  addictive  disorder  and
     6  addiction disorder shall have the  same  meaning  as  they  are  defined
     7  pursuant to section 1.03 of the mental hygiene law.
     8    § 2. Paragraph (a) of subdivision 3 of section 100 of the banking law,
     9  as  amended  by  chapter  115 of the laws of 1981, is amended to read as
    10  follows:
    11    (a) As guardian, receiver, trustee, committee or  conservator  of  the
    12  estate  of  any  minor,  [mentally ill] person with a mental disability,
    13  [mentally retarded person, person of unsound mind,  alcohol  abuser]  or
    14  conservatee or in any other fiduciary capacity;
    15    §  3. Subdivision 3 of section 100-a of the banking law, as amended by
    16  chapter 115 of the laws of 1981, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08905-07-1

        A. 6564--A                          2
 
     1    3. Committee of incompetent or conservator of a conservatee. Any court
     2  having jurisdiction to appoint a trustee, guardian, receiver,  committee
     3  of  the  estate  of  a  [mentally  ill] person with a mental disability,
     4  [mentally retarded person or  alcohol  abuser]  or  conservator  of  the
     5  estate  of  a  conservatee,  or  to  make any fiduciary appointment, may
     6  appoint any trust  company  to  be  such  trustee,  guardian,  receiver,
     7  committee or conservator, or to act in any other fiduciary capacity.
     8    § 4. Section 402 of the correction law, as added by chapter 766 of the
     9  laws  of  1976,  subdivision  3 as amended by chapter 789 of the laws of
    10  1985, subdivisions 9 and 12 as amended by chapter 164  of  the  laws  of
    11  1986, subdivisions 10 and 11 as renumbered by chapter 551 of the laws of
    12  1978,  and  subdivision 13 as added by chapter 7 of the laws of 2007, is
    13  amended to read as follows:
    14    § 402. Commitment of [mentally ill] inmates with a mental illness.  1.
    15  Whenever the physician of any correctional facility, any county peniten-
    16  tiary,  county  jail  or workhouse, any reformatory for women, or of any
    17  other correctional institution, shall report in writing  to  the  super-
    18  intendent that any person undergoing a sentence of imprisonment or adju-
    19  dicated to be a youthful offender or juvenile delinquent confined there-
    20  in  [is]  has,  in  his  opinion,  [mentally ill] a mental illness, such
    21  superintendent shall apply to a judge of the county court or justice  of
    22  the  supreme  court  in the county to cause an examination to be made of
    23  such person by two examining physicians. Such physicians shall be desig-
    24  nated by the judge to whom the application is made. Each such physician,
    25  if satisfied, after a personal examination, that such inmate [is mental-
    26  ly ill] has a mental illness and in need of care  and  treatment,  shall
    27  make  a  certificate  to  such  effect.  Before making such certificate,
    28  however, he shall consider  alternative  forms  of  care  and  treatment
    29  available  during  confinement in such correctional facility, penitenti-
    30  ary,  jail,  reformatory  or  correctional  institution  that  might  be
    31  adequate to provide for such inmate's needs without requiring hospitali-
    32  zation. If the examining physician knows that the person he is examining
    33  has  been  under prior treatment, he shall, insofar as possible, consult
    34  with the physician or psychologist furnishing such prior treatment prior
    35  to making his certificate.
    36    2. In the city of New York, if the  physician  of  a  workhouse,  city
    37  prison,  jail,  penitentiary  or  reformatory  reports in writing to the
    38  superintendent of such institution that  a  prisoner  confined  therein,
    39  serving  a  sentence of imprisonment, [is] in his opinion [mentally ill]
    40  has a mental illness,  the  superintendent  of  said  institution  shall
    41  either  transfer  said prisoner to Bellevue or Kings county hospital for
    42  observation as to his mental condition by two  examining  physicians  or
    43  shall  secure  two  examining physicians to make such examination in his
    44  institution. Each such physician, if satisfied after a personal examina-
    45  tion and observation that the prisoner [is mentally ill]  has  a  mental
    46  illness  and  in need of care and treatment, shall make a certificate to
    47  such effect. Before making such certificate, however, he shall  consider
    48  alternative  forms of care and treatment available during confinement in
    49  such correctional facility, penitentiary, jail, reformatory  or  correc-
    50  tional  institution  that might be adequate to provide for such inmate's
    51  needs without requiring  hospitalization.  If  the  examining  physician
    52  knows that the person he is examining has been under prior treatment, he
    53  shall,  insofar  as possible, consult with the physician or psychologist
    54  furnishing such prior treatment prior to making his certificate.
    55    3. Upon such certificates of the examining physicians being  so  made,
    56  it shall be delivered to the superintendent who shall thereupon apply by

        A. 6564--A                          3
 
     1  petition  forthwith  to  a  judge  of the county court or justice of the
     2  supreme court in the county, annexing such certificate to his  petition,
     3  for an order committing such inmate to a hospital for [the mentally ill]
     4  persons  with  a mental illness. Upon every such application for such an
     5  order of commitment, notice thereof in writing, of at least  five  days,
     6  together  with  a  copy of the petition, shall be served personally upon
     7  the alleged [mentally ill] person with a mental illness, and in addition
     8  thereto such notice and a copy of the  petition  shall  be  served  upon
     9  either  the  wife,  the  husband,  the father or mother or other nearest
    10  relative of such alleged [mentally ill] person with a mental illness, if
    11  there be any such known relative within the  state;  and  if  not,  such
    12  notice  shall  be served upon any known friend of such alleged [mentally
    13  ill] person with a mental illness within the state. If there be no  such
    14  known  relative  or  friend  within the state, the giving of such notice
    15  shall be dispensed with, but in such case the petition for  the  commit-
    16  ment  shall  recite the reasons why service of such notice on a relative
    17  or friend of the alleged [mentally ill] person with a mental illness was
    18  dispensed with and, in such case, the order for commitment shall  recite
    19  why  service  of  such  a  notice on a relative or friend of the alleged
    20  [mentally ill] person with a mental illness was dispensed  with.  Copies
    21  of the notice, the petition and the certificates of the examining physi-
    22  cians  shall  also be given the mental hygiene legal service. The mental
    23  hygiene legal service shall inform the  inmate  and,  in  proper  cases,
    24  others  interested in the inmate's welfare, of the procedures for place-
    25  ment in a hospital and of the inmate's right to have a hearing, to  have
    26  judicial review with a right to a jury trial, to be represented by coun-
    27  sel and to seek an independent medical opinion. The mental hygiene legal
    28  service shall have personal access to such inmate for such purposes.
    29    4.  The  judge  to  whom  such  application  for the commitment of the
    30  alleged [mentally ill] person with a mental illness is made may,  if  no
    31  demand  is  made  for  a hearing on behalf of the alleged [mentally ill]
    32  person with a mental illness, proceed forthwith on  the  return  day  of
    33  such  notice  to determine the question of mental illness and, if satis-
    34  fied that the alleged [mentally ill] person [is  mentally  ill]  with  a
    35  mental  illness  has a mental illness and in need of care and treatment,
    36  may immediately issue an  order  for  the  commitment  of  such  alleged
    37  [mentally  ill]  person with a mental illness to a hospital for a period
    38  not to exceed six months from the date of the order.
    39    5. Upon the demand for a hearing by any relative  or  near  friend  on
    40  behalf  of such alleged [mentally ill] person with a mental illness, the
    41  judge shall, or he may upon his own motion where there is no demand  for
    42  a  hearing,  issue  an  order  directing the hearing of such application
    43  before him at a time not more than five  days  from  the  date  of  such
    44  order, which shall be served upon the parties interested in the applica-
    45  tion  and  upon  such other persons as the judge, in his discretion, may
    46  name. Upon such day or upon such other  day  to  which  the  proceedings
    47  shall  be regularly adjourned, he shall hear the testimony introduced by
    48  the parties and shall examine the alleged [mentally ill] person  with  a
    49  mental  illness,  if  deemed  advisable in or out of court, and render a
    50  decision in writing as to such person's mental illness and need for care
    51  and treatment. If such judge cannot hear the application, he may, in his
    52  order directing the hearing, name some referee who shall hear the testi-
    53  mony and report the same forthwith, with his opinion  thereon,  to  such
    54  judge,  who  shall,  if  satisfied with such report, render his decision
    55  accordingly. If it be determined that such person [is mentally ill]  has
    56  a  mental  illness  and  in  need of care and treatment, the judge shall

        A. 6564--A                          4
 
     1  forthwith issue his order committing him to a hospital for a period  not
     2  to  exceed  six  months  from the date of the order. Such superintendent
     3  shall thereupon cause such [mentally ill] person with a  mental  illness
     4  to  be  delivered  to the director of the appropriate hospital as desig-
     5  nated by the commissioner of mental  hygiene  and  such  [mentally  ill]
     6  person  with  a  mental illness shall be received into such hospital and
     7  retained there until he is determined to be no longer in  need  of  care
     8  and  treatment by the director of such hospital or legally discharged or
     9  for the period specified in the order of commitment or in any subsequent
    10  order authorizing continued retention of such person in  said  hospital.
    11  Such superintendent, before delivering said [mentally ill] person with a
    12  mental  illness,  shall see that he is bodily clean. If such judge shall
    13  refuse to issue an order of commitment, he shall certify in writing  his
    14  reasons for such refusal.
    15    6.  When  an order of commitment is made, such order and all papers in
    16  the proceeding shall be presented to the  director  of  the  appropriate
    17  hospital  at  the  time  when  the  [mentally  ill] person with a mental
    18  illness is delivered to such institution and a copy of the order and  of
    19  each such paper shall be filed with the department of mental hygiene and
    20  also  in  the office of the county clerk of the county wherein the court
    21  is located which made the order of commitment. The judge shall order all
    22  such papers so filed in the county  clerk's  office  to  be  sealed  and
    23  exhibited only to parties to the proceedings, or someone properly inter-
    24  ested, upon order of the court.
    25    7.  The  costs  necessarily  incurred  in  determining the question of
    26  mental illness, including the fees of the medical examiners, shall be  a
    27  charge  upon the state or the municipality, as the case may be, at whose
    28  expense the institution is maintained, which has custody of the  alleged
    29  [mentally  ill] person with a mental illness at the time of the applica-
    30  tion for his commitment to the hospital under  the  provisions  of  this
    31  section.
    32    8.  During  the  pendency  of  such proceeding the judge may forthwith
    33  commit such alleged [mentally ill] person with a  mental  illness  to  a
    34  hospital for [the mentally ill] persons with a mental illness upon peti-
    35  tion  and the affidavit of two examining physicians that the superinten-
    36  dent is not able to properly care for such  person  at  the  institution
    37  where  he  is confined and that such person is in immediate need of care
    38  and treatment. Any person so committed shall be delivered to the  direc-
    39  tor  of  the  appropriate  hospital as designated in the rules and regu-
    40  lations of the department of mental hygiene.
    41    9. Except as provided  in  subdivision  two  pertaining  to  prisoners
    42  confined  in  the city of New York, an inmate of a correctional facility
    43  or a county jail may be admitted on an emergency basis  to  the  Central
    44  New  York  Psychiatric  Center  upon  the certification by two examining
    45  physicians, including physicians employed by the office of mental health
    46  and associated with the correctional facility in which  such  inmate  is
    47  confined,  that the inmate suffers from a mental illness which is likely
    48  to result in serious harm to himself or others as defined in subdivision
    49  (a) of section 9.39 of the mental hygiene law. Any person  so  committed
    50  shall be delivered by the superintendent within a twenty-four hour peri-
    51  od,  to  the  director  of the appropriate hospital as designated in the
    52  rules and regulations of the office of mental health. Upon  delivery  of
    53  such  person  to  a  hospital operated by the office of mental health, a
    54  proceeding under this section shall immediately be commenced.
    55    10. If the director of a hospital for [the mentally ill] persons  with
    56  a  mental  illness  shall deem that the condition of such [mentally ill]

        A. 6564--A                          5
 
     1  person with a mental illness requires his further retention in a  hospi-
     2  tal  he  shall,  during  the  period of retention authorized by the last
     3  order of the court, apply to the supreme court or county  court  in  the
     4  county  where such hospital is located, for an order authorizing contin-
     5  ued retention of such [mentally ill] person with a mental  illness.  The
     6  procedures for obtaining any order pursuant to this subdivision shall be
     7  in  accordance  with  the  provisions  of the mental hygiene law for the
     8  retention of involuntary patients.
     9    11. If a [mentally ill] person with a mental illness whose commitment,
    10  retention or continued retention has been authorized  pursuant  to  this
    11  section,  or  any relative or friend in his behalf, be dissatisfied with
    12  any such order, he may, within thirty days after the making of any  such
    13  order,  obtain  a  rehearing and a review of the proceedings already had
    14  and of such order, upon a petition to a justice  of  the  supreme  court
    15  other  than  the  judge  or justice presiding over the court making such
    16  order. Such justice shall cause a jury to be summoned and shall try  the
    17  question  of  the  mental illness and the need for care and treatment of
    18  the person so committed or  so  authorized  to  be  retained.  Any  such
    19  [mentally  ill]  person  with a mental illness or the person applying on
    20  his behalf for such review may waive the trial of the fact by a jury and
    21  consent in writing to trial of such fact by the court. No such  petition
    22  for the hearing and review shall be made by anyone other than the person
    23  so  committed  or  authorized  to  be  retained  or  the father, mother,
    24  husband, wife or child of such person, unless the petitioner shall  have
    25  first  obtained  the  leave  of  the court upon good cause shown. If the
    26  verdict of the jury, or the decision of the court when  jury  trial  has
    27  been  waived,  be  that  such person [is] does not [mentally ill] have a
    28  mental illness, the justice shall order the removal of such person  from
    29  the  hospital  and such person shall forthwith be transferred to a state
    30  correctional facility, or returned to the superintendent of the institu-
    31  tion from which he was received if such  institution  was  not  a  state
    32  correctional facility. Where the verdict of the jury, or the decision of
    33  the  court  where  a jury trial has been waived, be that such person [is
    34  mentally ill] has a mental illness, the justice shall certify that  fact
    35  and  make  an  order  authorizing continued retention under the original
    36  order.   Proceedings under the order shall  not  be  stayed  pending  an
    37  appeal  therefrom,  except  upon  an  order  of a justice of the supreme
    38  court, and made upon notice and after hearing, with provision made ther-
    39  ein for such temporary care and confinement  of  the  alleged  [mentally
    40  ill] person with a mental illness as may be deemed necessary.
    41    12.  The  notice provided for herein shall be served by the sheriff of
    42  the counties of the state of New York, in which case the charges of such
    43  sheriff shall be a disbursement in such  proceeding,  or  by  registered
    44  mail  on  all persons required to be served, except that the superinten-
    45  dent of a correctional facility or the director of a hospital  for  [the
    46  mentally  ill]  persons with a mental illness, or their designees, shall
    47  be authorized to personally serve notice upon an alleged [mentally  ill]
    48  person  with  a  mental illness or a [mentally ill] person with a mental
    49  illness, as provided in this section.
    50    13. Notwithstanding any provision of law  to  the  contrary,  when  an
    51  inmate  is  being  examined  in  anticipation  of his or her conditional
    52  release, release to parole supervision, or when his or her sentence to a
    53  term of imprisonment expires,  the  provisions  of  subdivision  one  of
    54  section  four  hundred four of this article shall be applicable and such
    55  commitment shall be effectuated in accordance  with  the  provisions  of
    56  article nine or ten of the mental hygiene law, as appropriate.

        A. 6564--A                          6
 
     1    §  5.  Subparagraph (i) of paragraph b of subdivision 2 of section 508
     2  of the correction law, as added by chapter 656 of the laws of  1974  and
     3  as  renumbered  by chapter 33 of the laws of 2009, is amended to read as
     4  follows:
     5    (i)  "Director" means (a) the director of a state hospital operated by
     6  the department of mental hygiene, or (b)  the  director  of  a  hospital
     7  operated by any local government of the state that has been certified by
     8  the  commissioner  of  mental  hygiene  as having adequate facilities to
     9  treat a [mentally ill] person with a mental illness or (c) the  director
    10  of community mental health services or the designees of any of the fore-
    11  going. The appropriate director to whom a jailer or warden shall certify
    12  the  need  for  involuntary  care  and  treatment and who shall have the
    13  responsibility for such  care  and  treatment  shall  be  determined  in
    14  accordance with rules jointly adopted by the judicial conference and the
    15  commissioner of mental hygiene.
    16    §  6.  Section 4519 of the civil practice law and rules, as amended by
    17  chapter 550 of the laws of 1978, is amended to read as follows:
    18    § 4519. Personal transaction  or  communication  between  witness  and
    19  decedent  or [mentally ill] person with a mental illness. Upon the trial
    20  of an action or the hearing upon the merits of a special  proceeding,  a
    21  party  or a person interested in the event, or a person from, through or
    22  under whom such a party or interested person  derives  his  interest  or
    23  title  by assignment or otherwise, shall not be examined as a witness in
    24  his own behalf or interest, or in behalf of the party succeeding to  his
    25  title  or  interest against the executor, administrator or survivor of a
    26  deceased person or the committee of  a  [mentally  ill]  person  with  a
    27  mental illness, or a person deriving his title or interest from, through
    28  or  under  a  deceased  person  or  [mentally  ill] person with a mental
    29  illness, by assignment or otherwise, concerning a  personal  transaction
    30  or communication between the witness and the deceased person or [mental-
    31  ly  ill] person with a mental illness, except where the executor, admin-
    32  istrator, survivor, committee or person so deriving title or interest is
    33  examined in his own behalf, or  the  testimony  of  the  [mentally  ill]
    34  person  with  a  mental illness or deceased person is given in evidence,
    35  concerning the same transaction or communication. A person shall not  be
    36  deemed  interested for the purposes of this section by reason of being a
    37  stockholder or officer of any banking corporation which is  a  party  to
    38  the  action  or proceeding, or interested in the event thereof. No party
    39  or person interested in the event, who is otherwise competent to  testi-
    40  fy,  shall be disqualified from testifying by the possible imposition of
    41  costs against him or the award of costs to him. A party or person inter-
    42  ested in the event or a person from, through or under whom such a  party
    43  or  interested  person  derives  his  interest or title by assignment or
    44  otherwise, shall not be qualified for the purposes of this  section,  to
    45  testify  in  his  own  behalf  or  interest,  or  in behalf of the party
    46  succeeding to his title or interest, to personal transactions or  commu-
    47  nications  with  the  donee  of  a  power of appointment in an action or
    48  proceeding for the probate of a will, which  exercises  or  attempts  to
    49  exercise  a  power of appointment granted by the will of a donor of such
    50  power, or in an action or proceeding involving the construction  of  the
    51  will of the donee after its admission to probate.
    52    Nothing  contained  in  this  section,  however, shall render a person
    53  incompetent to testify as to the facts of an  accident  or  the  results
    54  therefrom  where  the  proceeding,  hearing,  defense or cause of action
    55  involves a claim of negligence or contributory negligence in  an  action
    56  wherein  one  or  more  parties  is  the representative of a deceased or

        A. 6564--A                          7
 
     1  incompetent person based upon, or by reason of, the operation or  owner-
     2  ship  of  a motor vehicle being operated upon the highways of the state,
     3  or the operation or ownership of aircraft  being  operated  in  the  air
     4  space  over  the state, or the operation or ownership of a vessel on any
     5  of the lakes, rivers, streams, canals or other waters of this state, but
     6  this provision shall not be construed  as  permitting  testimony  as  to
     7  conversations with the deceased.
     8    § 7. Section 251 of the debtor and creditor law, as amended by chapter
     9  115 of the laws of 1981, is amended to read as follows:
    10    §  251. Authority for committee or conservator to compromise claims. A
    11  court exercising jurisdiction over the  property  of  a  [mentally  ill]
    12  person with a mental illness, [mentally retarded person, alcohol abuser]
    13  or conservatee may, upon the application of the committee of the proper-
    14  ty of such incompetent person or the conservator of the conservatee, and
    15  for  good  and  sufficient  cause  shown,  and upon such terms as it may
    16  direct, authorize the committee or conservator to  sell,  compromise  or
    17  compound  any  claim  or debt belonging to the estate of the incompetent
    18  person or conservatee. But such authority shall not  prevent  any  party
    19  interested  in  the trust estate, from showing upon the final accounting
    20  of such committee or conservator that such debt  or  claim  was  fraudu-
    21  lently  or  negligently sold, compounded or compromised. The sale of any
    22  debt or claim heretofore made in good faith by  any  such  committee  or
    23  conservator,  shall  be  valid, subject, however, to the approval of the
    24  court, and the committee or conservator shall be charged with and liable
    25  for, as a part of the trust fund, any sum which might or ought  to  have
    26  been collected by him.
    27    §  8. Subdivision (c) of section 140 of the domestic relations law, as
    28  amended by chapter 550 of the laws  of  1978,  is  amended  to  read  as
    29  follows:
    30    (c)    Party a [mentally retarded] person with a developmental illness
    31  or [mentally ill] person with a mental illness. An  action  to  annul  a
    32  marriage  on  the ground that one of the parties thereto was a [mentally
    33  retarded] person with a developmental disability may  be  maintained  at
    34  any  time  during  the  life-time  of  either party by any relative of a
    35  [mentally retarded] person with a developmental disability, who  has  an
    36  interest  to  avoid the marriage.   An action to annul a marriage on the
    37  ground that one of the parties thereto was a [mentally ill] person  with
    38  a mental illness may be maintained at any time during the continuance of
    39  the  mental  illness,  or,  after the death of the [mentally ill] person
    40  with a mental illness in that condition, and  during  the  life  of  the
    41  other  party  to  the  marriage,  by  any relative of the [mentally ill]
    42  person with a mental illness who has an interest to avoid the  marriage.
    43  Such  an action may also be maintained by the [mentally ill] person with
    44  a mental illness at any time after restoration to a sound mind;  but  in
    45  that  case,  the  marriage should not be annulled if it appears that the
    46  parties freely cohabited as husband and wife after  the  [mentally  ill]
    47  person with a mental illness was restored to a sound mind.  Where one of
    48  the  parties  to  a  marriage  was a [mentally ill] person with a mental
    49  illness at the time of the marriage, an action may also be maintained by
    50  the other party at  any  time  during  the  continuance  of  the  mental
    51  illness,  provided  the  plaintiff did not know of the mental illness at
    52  the time of the marriage.  Where no relative of the [mentally  retarded]
    53  person  with  a developmental disability or [mentally ill] person with a
    54  mental illness brings an action to annul the marriage and the  [mentally
    55  ill]  person  with  a  mental illness is not restored to sound mind, the
    56  court may allow an action for that purpose to be maintained at any  time

        A. 6564--A                          8
 
     1  during  the life-time of both the parties to the marriage, by any person
     2  as the next friend of the [mentally retarded  person  or  mentally  ill]
     3  person with a mental illness or person with a developmental disability.
     4    §  9. Section 141 of the domestic relations law, as amended by chapter
     5  550 of the laws of 1978, subdivision 1 as amended and subdivisions 2,  3
     6  and  4  as  renumbered by chapter 281 of the laws of 1980, is amended to
     7  read as follows:
     8    § 141.  Action to annul marriage on ground of incurable mental illness
     9  for five years; procedure; support. 1. If the marriage be   annulled  on
    10  the  ground  of the mental illness of a spouse, the court may include in
    11  the judgment an order providing for his or her  suitable  support,  care
    12  and  maintenance  during  life  from the property or income of the other
    13  spouse. The court shall specify the amount of  such  support,  care  and
    14  maintenance  and, before rendering judgment, may exact security for such
    15  support, care and maintenance during life and shall order the filing and
    16  recording of the instrument creating such security in the office of  the
    17  clerk of the county in which the action is brought and the filing of two
    18  certified  copies thereof with the office of mental health at its Albany
    19  office. The provisions of the judgment relating  to  support,  care  and
    20  maintenance  of  the  [mentally ill] spouse with a mental illness during
    21  his or her life and to security therefor may be modified or  amended  at
    22  any  time  by  the  court  upon  due notice to the other party and other
    23  interested parties as the court may direct and in proper case the  value
    24  of  the suitable support, care and maintenance to such spouse during the
    25  balance of his or her life based upon appropriate mortality  tables  may
    26  be  adjudged  and  determined  by  the  court  in  which the estate of a
    27  deceased spouse is being administered and the same may be  recovered  on
    28  behalf  of  the  [mentally  ill]  spouse  with a mental illness from the
    29  estate of the deceased spouse.   If the [mentally  ill]  spouse  with  a
    30  mental  illness  is  maintained in an institution or otherwise under the
    31  jurisdiction of the office of mental health, the suitable support,  care
    32  and  maintenance  as required in the judgment, unless otherwise directed
    33  by the court, shall be the charge established  by  the  commissioner  of
    34  mental health and such charge may be recovered in the manner provided by
    35  law. Such amount shall continue to be so required for the support of the
    36  [mentally  ill]  spouse with a mental illness in the event of his or her
    37  removal from the custody of the office of mental health unless thereaft-
    38  er otherwise directed by the court. Any security exacted for  the  suit-
    39  able  support,  care  and  maintenance during life of the [mentally ill]
    40  spouse with a mental illness shall be available to that  spouse  or  any
    41  person  on  his  or  her  behalf  or  to  any person or agency providing
    42  support, care and maintenance for such spouse  in  the  event  that  the
    43  required  payments  for such support, care and maintenance have not been
    44  made and upon application to the court the other spouse shall be ordered
    45  and directed to provide additional or further security.
    46    2. Judgment annulling a marriage on such ground shall not be  rendered
    47  until,  in addition to any other proofs in the case, a thorough examina-
    48  tion of the alleged [mentally ill] party with  a  mental  illness  shall
    49  have  been  made  by  three physicians who are recognized authorities on
    50  mental disease, to be appointed by the court, all  of  whom  shall  have
    51  agreed  that  such  party  [is  incurably mentally ill] has an incurable
    52  mental illness and shall have so reported to the court. In such  action,
    53  the testimony of a physician attached to a state hospital in the depart-
    54  ment  of mental hygiene as to information which he acquired in attending
    55  a patient in a professional capacity at such hospital,  shall  be  taken
    56  before  a referee appointed by a judge of the court in which such action

        A. 6564--A                          9
 
     1  is pending if the court in  its  discretion  shall  determine  that  the
     2  distance such physician must travel to attend the trial would be a great
     3  inconvenience  to  him or the hospital,  or that other sufficient reason
     4  exists  for  the  appointment  of  a referee for such purpose; provided,
     5  however, that any judge of such court at any  time  in  his  discretion,
     6  notwithstanding such deposition, may order that a subpoena issue for the
     7  attendance  and  examination  of  such  physician  upon the trial of the
     8  action. In such case a copy of the order shall be served  together  with
     9  the subpoena.
    10    3.  Except  as  provided  in  paragraph five of this section, when the
    11  person alleged to [be incurably mentally ill] have an  incurable  mental
    12  illness  is  confined in a state hospital for [the mentally ill] persons
    13  with a mental illness of this state, one, and one only,  of  the  physi-
    14  cians  so  appointed  shall be a member of the resident medical staff of
    15  such hospital designated by the director thereof. If the alleged  incur-
    16  ably  [mentally  ill]  person with a mental illness is not confined in a
    17  state hospital for [the mentally ill] persons with a mental  illness  of
    18  this  state,  one of the examining physicians named in pursuance of this
    19  section shall be the director of a state hospital for [the mentally ill]
    20  persons with a mental illness if the alleged [mentally ill] person  with
    21  a mental illness is within this state, or the superintendent or compara-
    22  ble  officer  of  a state hospital for [the mentally ill] persons with a
    23  mental illness of the state or country where the alleged [mentally  ill]
    24  person  with  a  mental illness is present if the alleged [mentally ill]
    25  person with a mental illness is outside of this  state.  The  report  of
    26  such  superintendent  or comparable officer of a state hospital for [the
    27  mentally ill] persons with a mental illness of such other state or coun-
    28  try shall not be received in evidence or considered by the court  unless
    29  he shall be a well educated physician with at least five years of train-
    30  ing  and  experience in the care and treatment of persons suffering from
    31  mental disorders.
    32    4. When the plaintiff has been permitted to bring such action or pros-
    33  ecute the same as a poor person and the alleged incurably [mentally ill]
    34  defendant with a mental illness is present within this state, the  court
    35  shall  appoint three physicians who are examining physicians, as defined
    36  by section 1.05 of the mental hygiene law,  in  the  employment  of  the
    37  department  of mental hygiene. If the alleged [mentally ill] person with
    38  a mental illness be outside of this state, the  court  may,  upon  proof
    39  thereof,  appoint three examining physicians who are qualified under the
    40  laws or regulations of the foreign state or country  where  the  alleged
    41  [mentally  ill]  person  with  a  mental illness is present and who have
    42  qualifications comparable to those specified  in  section  1.05  of  the
    43  mental  hygiene  law  of  the state, provided, however, that one of such
    44  examining physicians shall be the superintendent or  comparable  officer
    45  of a state hospital for [the mentally ill] persons with a mental illness
    46  of  such  foreign  state  or country with qualifications as specified in
    47  paragraph four. Such examiners shall make the examination of the alleged
    48  [mentally ill] party with a mental illness present  in  this  state  and
    49  file  with the court a verified report of their findings and conclusions
    50  without costs to such plaintiff when the plaintiff  is  a  poor  person.
    51  Examination  of  an  alleged  [mentally ill] party with a mental illness
    52  present outside of this state shall be made at the expense of the plain-
    53  tiff. Such report shall be received in evidence upon the  trial  of  the
    54  action  without  the personal appearance or testimony of such examiners.
    55  If the court shall deem it necessary that  the  testimony  of  any  such
    56  examiners  be taken, the court may order the taking of such testimony by

        A. 6564--A                         10
 
     1  deposition only. The examiners so appointed by the court may be  members
     2  of  the resident medical staff of any state hospital, whether or not the
     3  alleged [mentally ill] person with a mental illness  is  being  confined
     4  there.
     5    § 10. Section 142 of the domestic relations law, as amended by chapter
     6  550 of the laws of 1978, is amended to read as follows:
     7    §  142.    Dismissal  of complaint in action by next friend to annul a
     8  marriage. Where the next friend of an infant, [mentally retarded] person
     9  with a developmental disability or [mentally ill] person with  a  mental
    10  illness  maintains an action annulling a marriage, the court may dismiss
    11  the complaint if justice so requires, although,  in  a  like  case,  the
    12  party to the marriage, if plaintiff, would be entitled to judgment.
    13    §  11.  The article heading of article 9 of the mental hygiene law, as
    14  renumbered by chapter 978 of the laws of 1977, is  amended  to  read  as
    15  follows:
    16                HOSPITALIZATION OF [THE MENTALLY ILL] PERSONS
    17                            WITH A MENTAL ILLNESS
    18    §  12.  Section  9.03 of the mental hygiene law, as amended by chapter
    19  558 of the laws of 1999, is amended to read as follows:
    20  § 9.03 Admission to a hospital.
    21    Unless otherwise specifically provided for  by  statute,  a  [mentally
    22  ill]  person with a mental illness shall be admitted to a hospital as an
    23  in-patient only pursuant to the provisions of this article, except  that
    24  chemically  dependent  patients  may  be admitted to chemical dependence
    25  facilities operated by such hospitals under contract or  agreement  with
    26  the office of alcoholism and substance abuse services in accordance with
    27  the provisions of article twenty-two of this chapter. The section of the
    28  mental  hygiene law under which a patient is admitted or under which any
    29  change of legal status is subsequently effected shall be stated  in  the
    30  patient's record.
    31    § 13. Section 9.35 of the mental hygiene law, as renumbered by chapter
    32  978 of the laws of 1977, is amended to read as follows:
    33  § 9.35 Review of court authorization to retain an involuntary patient.
    34    If  a person who has been denied release or whose retention, continued
    35  retention, or transfer  and  continued  retention  has  been  authorized
    36  pursuant  to  this  article, or any relative or friend in his behalf, be
    37  dissatisfied with any such order he may, within thirty  days  after  the
    38  making  of  any  such  order,  obtain  a  rehearing  and a review of the
    39  proceedings already had and of such order upon a petition to  a  justice
    40  of  the supreme court other than the judge or justice presiding over the
    41  court making such order. Such justice shall cause a jury to be  summoned
    42  and  shall  try  the  question  of  the  mental illness and the need for
    43  retention of the patient so authorized to be retained. Any such  patient
    44  or the person applying on his behalf for such review may waive the trial
    45  of  the  fact  by a jury and consent in writing to trial of such fact by
    46  the court. No such petition for rehearing and review shall  be  made  by
    47  anyone other than the person so authorized to be retained or the father,
    48  mother,  husband,  wife,  or child of such person, unless the petitioner
    49  shall have first obtained the leave of the court upon good cause  shown.
    50  If the verdict of the jury, or the decision of the court when jury trial
    51  has been waived, be that such person [is] does not [mentally ill] have a
    52  mental  illness  or is not in need of retention the justice shall forth-
    53  with discharge him, but if the verdict of the jury, or the  decision  of
    54  the  court  where  a jury trial has been waived, be that such person [is
    55  mentally ill] has a mental illness and  is  in  need  of  retention  the
    56  justice  shall certify that fact and make an order authorizing continued

        A. 6564--A                         11

     1  retention under the original order. Such order shall  be  presented,  at
     2  the  time  of  authorization of continued retention of such mentally ill
     3  person, to, and filed with, the director of the hospital  in  which  the
     4  [mentally  ill]  person  with  a  mental  illness  is  authorized  to be
     5  retained, and a copy thereof shall be forwarded  to  the  department  by
     6  such  director  and  filed  in the office thereof. Proceedings under the
     7  order shall not be stayed pending an appeal therefrom,  except  upon  an
     8  order  of a justice of the supreme court, made upon a notice and after a
     9  hearing, with  provisions  made  therein  for  such  temporary  care  or
    10  confinement  of  the alleged [mentally ill] person with a mental illness
    11  as may be deemed necessary.
    12    § 14. The section heading of section 9.47 of the mental  hygiene  law,
    13  as  renumbered by chapter 978 of the laws of 1977, is amended to read as
    14  follows:
    15    Duties of local officers in regard to  their  [mentally  ill]  persons
    16  with a mental illness.
    17    §  15.  Subdivision  (a) of section 9.47 of the mental hygiene law, as
    18  designated by chapter 408 of the laws of 1999, is  amended  to  read  as
    19  follows:
    20    (a)  All  directors of community services, health officers, and social
    21  services officials, as defined by the social services law,  are  charged
    22  with  the  duty  of seeing that all [mentally ill] persons with a mental
    23  illness within their respective communities who are in need of care  and
    24  treatment  at  a  hospital  are  admitted  to a hospital pursuant to the
    25  provisions of this article. Social services officials and  health  offi-
    26  cers  shall notify the director of community services of any such person
    27  coming to their attention. Pending the determination of the condition of
    28  an alleged [mentally ill] person with a mental illness, it shall be  the
    29  duty  of  the  director  of  community services and, if there be no such
    30  director, of the local health officer to provide for the proper care  of
    31  such person in a suitable facility.
    32    § 16. The opening paragraph of section 9.47 of the mental hygiene law,
    33  as  renumbered by chapter 978 of the laws of 1977, is amended to read as
    34  follows:
    35    All directors of  community  services,  health  officers,  and  social
    36  services  officials,  as defined by the social services law, are charged
    37  with the duty of seeing that all [mentally ill] persons  with  a  mental
    38  illness  within their respective communities who are in need of care and
    39  treatment at a hospital are admitted  to  a  hospital  pursuant  to  the
    40  provisions  of  this article. Social services officials and health offi-
    41  cers shall notify the director of community services of any such  person
    42  coming to their attention. Pending the determination of the condition of
    43  an  alleged [mentally ill] person with a mental illness, it shall be the
    44  duty of the director of community services and,  if  there  be  no  such
    45  director,  of the local health officer to provide for the proper care of
    46  such person in a suitable facility.
    47    § 17. Subparagraph (iii) of paragraph 1 of subdivision (b) of  section
    48  31.16  of the mental hygiene law, as added by chapter 196 of the laws of
    49  1988, is amended to read as follows:
    50    (iii) Suspend or limit or cause to be suspended or limited the payment
    51  of any governmental funds to the  facility  provided  that  such  action
    52  shall  not  in  any way jeopardize the health, safety and welfare of any
    53  [mentally ill] person with a mental illness in such program or facility.
    54    § 18. Subdivision 1 of section 1531 of the real property  actions  and
    55  proceedings  law,  as  amended  by  chapter  550 of the laws of 1978, is
    56  amended to read as follows:

        A. 6564--A                         12
 
     1    1. A final judgment in favor of either party, in an action brought  as
     2  prescribed  in  this article, is conclusive, as to the title established
     3  in the action, against the other party, known or unknown,  including  an
     4  infant[,  a mentally retarded person, a mentally ill person, or an alco-
     5  hol abuser] or a person with a mental disability, and also against every
     6  person  claiming  from,  through  or under that party, by title accruing
     7  after the filing of the judgment roll, or of the notice of the  pendency
     8  of  the  action,  as  prescribed by law; also against each person not in
     9  being or ascertained at the commencement  of  the  action,  who  by  any
    10  contingency contained in a devise or grant or otherwise, could afterward
    11  become  entitled  to  a  beneficial  estate  or interest in the property
    12  involved, provided that every person in being who would have been  enti-
    13  tled  to  such estate or interest if such event had happened immediately
    14  before the commencement of the action is a  party  thereto,  or  that  a
    15  guardian  ad  litem  is appointed, as prescribed by section 1513 of this
    16  article.
    17    § 19. Subdivisions 1, 3 and 4 of section 1651  of  the  real  property
    18  actions  and  proceedings  law, as amended by chapter 115 of the laws of
    19  1981, are amended to read as follows:
    20    1. Where an infant, [mentally retarded person,  mentally  ill]  person
    21  with  a  mental  disability,  [alcohol abuser] or conservatee holds real
    22  property, in joint tenancy or in common, the  general  guardian  of  the
    23  infant, or the committee of the [mentally retarded person, mentally ill]
    24  person  with a mental disability, [or alcohol abuser,] or conservator of
    25  the conservatee, may apply to the supreme court or to the  county  court
    26  of  the  county  wherein the real property is situated, for authority to
    27  agree to a partition  of  the  real  property.  Where  such  application
    28  affects  the interests of an incompetent person or a conservatee who has
    29  been committed to a state institution, and is an inmate thereof,  notice
    30  of  such  application must be given to the superintendent, acting super-
    31  intendent or state officer having special jurisdiction over the institu-
    32  tion where the incompetent person or conservatee is confined.  Irrespec-
    33  tive  of  the  location  of any real property held by an infant in joint
    34  tenancy or in common, his general guardian may make such application  to
    35  the surrogate's court which appointed such guardian. A certified copy of
    36  the  decree entered in the surrogate's court on such application must be
    37  recorded in the office of the clerk of each county in which is  situated
    38  property affected by such decree.
    39    3.  If,  after  due  inquiry  into the merits of the application, by a
    40  reference or otherwise, the court is of the opinion that  the  interests
    41  of the infant, or [of the mentally retarded person, mentally ill] person
    42  with  a  mental  disability,  [alcohol  abuser]  or conservatee, will be
    43  promoted by the partition proposed, it may make an order authorizing the
    44  petitioner to agree to the partition proposed, and in the  name  of  the
    45  infant, [or of the mentally retarded person, mentally ill] person with a
    46  mental  disability, [alcohol abuser] or conservatee, to execute releases
    47  of his right and interest in and to that  part  of  the  property  which
    48  falls to the shares of the other joint-tenants or tenants in common. The
    49  court  may,  in  its discretion, for the furtherance of the interests of
    50  said infant, [mentally retarded person,  mentally  ill]  person  with  a
    51  mental  disability, [alcohol abuser] or conservatee, direct partition to
    52  be so made as to set off to him or them his or  their  share  in  common
    53  with any of the other owners, provided the consent in writing thereto of
    54  such owners shall be first obtained.
    55    4.  Releases so executed have the same validity and effect, as if they
    56  were executed by the person in whose behalf they are executed, and as if

        A. 6564--A                         13
 
     1  the infant was of full age, [or the mentally retarded  person,  mentally
     2  ill]  person  with a mental disability, [or alcohol abuser] was of sound
     3  mind, and competent to manage his affairs, or the conservatee was compe-
     4  tent to manage his affairs.
     5    § 20. Section 1804 of the New York city civil court act, as amended by
     6  chapter 650 of the laws of 1991, is amended to read as follows:
     7    §  1804.  Informal and simplified procedure on small claims. The court
     8  shall conduct hearings upon  small  claims  in  such  manner  as  to  do
     9  substantial  justice  between  the  parties  according  to  the rules of
    10  substantive law and shall not be bound by statutory provisions or  rules
    11  of   practice,   procedure,   pleading  or  evidence,  except  statutory
    12  provisions relating to privileged  communications  and  personal  trans-
    13  actions  or communications with a decedent or [mentally ill] person with
    14  a mental illness.   An itemized bill or  invoice,  receipted  or  marked
    15  paid,  or two itemized estimates for services or repairs, are admissible
    16  in evidence and are prima facie evidence of  the  reasonable  value  and
    17  necessity  of such services and repairs. Disclosure shall be unavailable
    18  in small claims procedure except upon order of the court on  showing  of
    19  proper  circumstances.  In  every  small  claims action, where the claim
    20  arises out of the conduct of the defendant's business at the hearing  on
    21  the  matter,  the  judge  or  arbitrator shall determine the appropriate
    22  state or local licensing or certifying authority  and  any  business  or
    23  professional  association  of  which  the  defendant  is  a  member. The
    24  provisions of this act and the rules of this court,  together  with  the
    25  statutes  and  rules  governing  supreme  court practice, shall apply to
    26  claims brought under this article so far as the same can be made  appli-
    27  cable  and  are  not in conflict with the provisions of this article; in
    28  case of conflict, the provisions of this article shall control.
    29    § 21. Section 1804-A of the New York city civil court act, as added by
    30  chapter 653 of the laws of 1987, is amended to read as follows:
    31    § 1804-A. Informal and simplified procedure on commercial claims.  The
    32  court shall conduct hearings upon commercial claims in such manner as to
    33  do substantial justice between the parties according  to  the  rules  of
    34  substantive  law and shall not be bound by statutory provisions or rules
    35  of  practice,  procedure,  pleading  or   evidence,   except   statutory
    36  provisions  relating  to  privileged  communications and personal trans-
    37  actions or communications with a decedent or [mentally ill] person  with
    38  a  mental  illness.    An  itemized bill or invoice, receipted or marked
    39  paid, or two itemized estimates for services or repairs, are  admissible
    40  in  evidence  and  are  prima facie evidence of the reasonable value and
    41  necessity of such services and repairs.  Disclosure shall be unavailable
    42  in commercial claims procedure except upon order of the court on showing
    43  of proper circumstances. The provisions of this act  and  the  rules  of
    44  this court, together with the statutes and rules governing supreme court
    45  practice, shall apply to claims brought under this article so far as the
    46  same  can be made applicable and are not in conflict with the provisions
    47  of this article; in case of conflict, the  provisions  of  this  article
    48  shall control.
    49    §  22. Section 1804 of the uniform city court act, as amended by chap-
    50  ter 650 of the laws of 1991, is amended to read as follows:
    51  § 1804. Informal and simplified procedure on small claims.
    52    The court shall conduct hearings upon small claims in such  manner  as
    53  to  do substantial justice between the parties according to the rules of
    54  substantive law and shall not be bound by statutory provisions or  rules
    55  of   practice,   procedure,   pleading  or  evidence,  except  statutory
    56  provisions relating to privileged  communications  and  personal  trans-

        A. 6564--A                         14
 
     1  actions  or communications with a decedent or [mentally ill] person with
     2  a mental illness.   An itemized bill or  invoice,  receipted  or  marked
     3  paid,  or two itemized estimates for services or repairs, are admissible
     4  in  evidence  and  are  prima facie evidence of the reasonable value and
     5  necessity of such services and repairs. Disclosure shall be  unavailable
     6  in  small  claims procedure except upon order of the court on showing of
     7  proper circumstances. In every small  claims  action,  where  the  claim
     8  arises  out of the conduct of the defendant's business at the hearing on
     9  the matter, the judge or  arbitrator  shall  determine  the  appropriate
    10  state  or  local  licensing  or certifying authority and any business or
    11  professional association  of  which  the  defendant  is  a  member.  The
    12  provisions  of  this  act and the rules of this court, together with the
    13  statutes and rules governing supreme  court  practice,  shall  apply  to
    14  claims  brought under this article so far as the same can be made appli-
    15  cable and are not in conflict with the provisions of  this  article;  in
    16  case of conflict, the provisions of this article shall control.
    17    §  23. Section 1804-A of the uniform city court act, as added by chap-
    18  ter 653 of the laws of 1987, is amended to read as follows:
    19  § 1804-A. Informal and simplified procedure on commercial claims.
    20    The court shall conduct hearings upon commercial claims in such manner
    21  as to do substantial justice between the parties according to the  rules
    22  of  substantive  law  and  shall not be bound by statutory provisions or
    23  rules of practice, procedure, pleading  or  evidence,  except  statutory
    24  provisions  relating  to  privileged  communications and personal trans-
    25  actions or communications with a decedent or [mentally ill] person  with
    26  a  mental  illness.    An  itemized bill or invoice, receipted or marked
    27  paid, or two itemized estimates for services or repairs, are  admissible
    28  in  evidence  and  are  prima facie evidence of the reasonable value and
    29  necessity of such services and repairs. Disclosure shall be  unavailable
    30  in commercial claims procedure except upon order of the court on showing
    31  of  proper  circumstances.  The  provisions of this act and the rules of
    32  this court, together with the statutes and rules governing supreme court
    33  practice, shall apply to claims brought under this article so far as the
    34  same can be made applicable and are not in conflict with the  provisions
    35  of  this  article;  in  case of conflict, the provisions of this article
    36  shall control.
    37    § 24. Section 1804 of the uniform district court act,  as  amended  by
    38  chapter 650 of the laws of 1991, is amended to read as follows:
    39  § 1804. Informal and simplified procedure on small claims.
    40    The  court  shall conduct hearings upon small claims in such manner as
    41  to do substantial justice between the parties according to the rules  of
    42  substantive  law and shall not be bound by statutory provisions or rules
    43  of  practice,  procedure,  pleading  or   evidence,   except   statutory
    44  provisions  relating  to  privileged  communications and personal trans-
    45  actions or communications with a decedent or [mentally ill] person  with
    46  a mental illness. An itemized bill or invoice, receipted or marked paid,
    47  or  two  itemized  estimates  for services or repairs, are admissible in
    48  evidence and are prima facie evidence of the reasonable value and neces-
    49  sity of such services and repairs.  Disclosure shall be  unavailable  in
    50  small  claims  procedure  except  upon  order of the court on showing of
    51  proper circumstances. In every small  claims  action,  where  the  claim
    52  arises  out of the conduct of the defendant's business at the hearing on
    53  the matter, the judge or  arbitrator  shall  determine  the  appropriate
    54  state  or  local  licensing  or certifying authority and any business or
    55  professional association  of  which  the  defendant  is  a  member.  The
    56  provisions  of  this  act and the rules of this court, together with the

        A. 6564--A                         15
 
     1  statutes and rules governing supreme  court  practice,  shall  apply  to
     2  claims  brought under this article so far as the same can be made appli-
     3  cable and are not in conflict with the provisions of  this  article;  in
     4  case of conflict, the provisions of this article shall control.
     5    §  25.  Section  1804-A of the uniform district court act, as added by
     6  chapter 653 of the laws of 1987, is amended to read as follows:
     7  § 1804-A. Informal and simplified procedure on commercial claims.
     8    The court shall conduct hearings upon commercial claims in such manner
     9  as to do substantial justice between the parties according to the  rules
    10  of  substantive  law  and  shall not be bound by statutory provisions or
    11  rules of practice, procedure, pleading  or  evidence,  except  statutory
    12  provisions  relating  to  privileged  communications and personal trans-
    13  actions or communications with a decedent or [mentally ill] person  with
    14  a mental illness. An itemized bill or invoice, receipted or marked paid,
    15  or  two  itemized  estimates  for services or repairs, are admissible in
    16  evidence and are prima facie evidence of the reasonable value and neces-
    17  sity of such services and repairs.  Disclosure shall be  unavailable  in
    18  commercial claims procedure except upon order of the court on showing of
    19  proper  circumstances.  The provisions of this act and the rules of this
    20  court, together with the statutes  and  rules  governing  supreme  court
    21  practice, shall apply to claims brought under this article so far as the
    22  same  can be made applicable and are not in conflict with the provisions
    23  of this article; in case of conflict, the  provisions  of  this  article
    24  shall control.
    25    §  26.  Section  1804  of the uniform justice court act, as amended by
    26  chapter 650 of the laws of 1991, is amended to read as follows:
    27  § 1804. Informal and simplified procedure on small claims.
    28    The court shall conduct hearings upon small claims in such  manner  as
    29  to  do substantial justice between the parties according to the rules of
    30  substantive law and shall not be bound by statutory provisions or  rules
    31  of   practice,   procedure,   pleading  or  evidence,  except  statutory
    32  provisions relating to privileged  communications  and  personal  trans-
    33  actions  or communications with a decedent or [mentally ill] person with
    34  a mental illness.   An itemized bill or  invoice,  receipted  or  marked
    35  paid,  or two itemized estimates for services or repairs, are admissible
    36  in evidence and are prima facie evidence of  the  reasonable  value  and
    37  necessity  of such services and repairs. Disclosure shall be unavailable
    38  in small claims procedure except upon order of the court on  showing  of
    39  proper  circumstances.  In  every  small  claims action, where the claim
    40  arises out of the conduct of the defendant's business at the hearing  on
    41  the  matter,  the  judge  or  arbitrator shall determine the appropriate
    42  state or local licensing or certifying authority  and  any  business  or
    43  professional  association  of  which  the  defendant  is a member.   The
    44  provisions of this act and the rules of this court,  together  with  the
    45  statutes  and  rules  governing  supreme  court practice, shall apply to
    46  claims brought under this article so far as the same can be made  appli-
    47  cable  and  are  not in conflict with the provisions of this article; in
    48  case of conflict, the provisions of this article shall control.
    49    § 27. This act shall take effect immediately, provided, however,  that
    50  the  amendments to subdivision (a) of section 9.47 of the mental hygiene
    51  law made by section fifteen of this act shall be subject to the  expira-
    52  tion  and  reversion  of such subdivision pursuant to chapter 408 of the
    53  laws of 1999, as amended, when upon such date the provisions of  section
    54  sixteen of this act shall take effect.
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