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A06835 Summary:

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A06835 Floor Votes:

A06835 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6835
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 5, 2011
                                       ___________
 
        Introduced  by  M.  of A. SIMOTAS, WEINSTEIN, TITONE, WEPRIN, ZEBROWSKI,
          BRONSON, COOK, GALEF, JAFFEE, MARKEY, STEVENSON -- Multi-Sponsored  by
          --  M.  of  A.  ABINANTI, BING, COLTON -- (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 the
          service of papers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  2 of subdivision (b) of rule 2103 of the civil
     2  practice law and rules, as separately amended by chapters 461 and 478 of
     3  the laws of 1989, is amended to read as follows:
     4    2. by mailing the paper to the attorney at the address  designated  by
     5  that  attorney for that purpose or, if none is designated, at the attor-
     6  ney's last known address; service by mail shall be complete  upon  mail-
     7  ing;  where  a  period  of  time  prescribed by law is measured from the
     8  service of a paper and service is by mail, five days shall be  added  to
     9  the  prescribed  period  if the mailing is made within the state and six

    10  days if made from outside the state; or
    11    § 2. Paragraph 5 of subdivision (b) of rule 2103 of the civil practice
    12  law and rules, as amended by chapter 367 of the laws of 1999, is amended
    13  to read as follows:
    14    5. by transmitting the paper  to  the  attorney  by  facsimile  trans-
    15  mission, provided that a facsimile telephone number is designated by the
    16  attorney  for  that  purpose by a stipulation in the action in which the
    17  facsimile service is to occur.  Service by facsimile transmission  shall
    18  be  complete  upon the receipt by the sender of a signal from the equip-
    19  ment of  the  attorney  served  indicating  that  the  transmission  was
    20  received,  and the mailing of a copy of the paper to that attorney. [The
    21  designation of  a  facsimile  telephone  number  in  the  address  block

    22  subscribed  on  a  paper  served  or filed in the course of an action or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09311-01-1
        A. 6835                             2

     1  proceeding shall constitute consent to service by facsimile transmission
     2  in accordance  with  this  subdivision.]  An  attorney  may  change  [or
     3  rescind]  a  facsimile telephone number by serving a notice on the other
     4  parties; or
     5    § 3. Paragraph 1 of subdivision (f) of rule 2103 of the civil practice
     6  law and rules, as amended by chapter 367 of the laws of 1999, is amended
     7  to read as follows:

     8    1.  "Mailing"  means  the deposit of a paper enclosed in a first class
     9  postpaid wrapper, addressed to the address designated by  a  person  for
    10  that  purpose  or,  if  none  is designated, at that person's last known
    11  address, in a post office or official  depository  under  the  exclusive
    12  care and custody of the United States Postal Service [within the state];
    13    §  4. This act shall take effect on the first of January next succeed-
    14  ing the date on which it shall have become a law.