Amd §2111, rpld sub (b) ¶2-a, CPLR; amd §11, Chap 237 of 2015
Relates to the use of electronic means for the commencement and filing of papers in certain actions and proceedings; repeals provisions relating to residential foreclosure actions involving a home loan.
STATE OF NEW YORK
________________________________________________________________________
7676
IN SENATE
February 6, 2018
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to elec-
tronic filing; to amend chapter 237 of the laws of 2015, amending the
judiciary law and other laws relating to use of electronic means for
the commencement and filing of papers in certain actions and
proceedings, in relation to the use of electronic means for the
commencement and filing of papers in certain actions and proceedings;
and to repeal paragraph 2-a of subdivision (b) of section 2111 of the
civil practice law and rules, relating to residential foreclosure
actions involving a home loan
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (A) of paragraph 2 of subdivision (b) of
2 section 2111 of the civil practice law and rules, as added by chapter
3 237 of the laws of 2015, is amended to read as follows:
4 (A) one or more classes of cases (excluding [matrimonial actions as
5 defined by the civil practice law and rules,] election law proceedings,
6 proceedings brought pursuant to article seventy or seventy-eight of this
7 chapter[,] and proceedings brought pursuant to the mental hygiene law[,
8 residential foreclosure actions involving a home loan as such term is
9 defined in section thirteen hundred four of the real property actions
10 and proceedings law and proceedings related to consumer credit trans-
11 actions as defined in subdivision (f) of section one hundred five of
12 this chapter, except that the chief administrator, in accordance with
13 this paragraph, may eliminate the requirement of consent to participate
14 in this program insofar as it applies to the initial filing by a repres-
15 ented party of papers required for the commencement of residential fore-
16 closure actions involving a home loan as such term is defined in section
17 thirteen hundred four of the real property actions and proceedings law
18 and the initial filing by a represented party of papers required for the
19 commencement of proceedings related to consumer credit transactions as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14315-01-8
S. 7676 2
1 defined in subdivision (f) of section one hundred five of this chapter)
2 in supreme court in such counties as he or she shall specify]), and
3 § 2. Paragraph 2-a of subdivision (b) of section 2111 of the civil
4 practice law and rules is REPEALED.
5 § 3. Section 11 of chapter 237 of the laws of 2015, as amended by
6 chapter 99 of the laws of 2017, is amended to read as follows:
7 § 11. This act shall take effect immediately; provided that sections
8 four, five, six and seven of this act shall each expire and be deemed
9 repealed on the first of September [1, 2019; and provided that paragraph
10 2-a of subdivision (b) of section 2111 of the civil practice law and
11 rules, as added by section two of this act, shall expire and be deemed
12 repealed September 1, 2018] in the second calendar year following the
13 year in which rules authorizing a program for the use of electronic
14 means as permitted under such sections first take effect; provided
15 further, that the chief administrator of the courts shall notify the
16 legislative bill drafting commission of the date of such rules first
17 take effect in order that the commission may maintain an accurate and
18 timely effective data base of the official text of the laws of the state
19 of New York in furtherance of effecting the provisions of section 44 of
20 the legislative law and section 70-b of the public officers law.
21 § 4. This act shall take effect immediately.
