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S09032 Text:

                STATE OF NEW YORK
            Cal. No. 1292
                    IN SENATE
                                     April 10, 2024
        Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
          printed to be committed to the  Committee  on  Judiciary  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in the order of third reading

        AN  ACT  to  amend  the state administrative procedure act and the civil
          practice law and rules, in relation to use of an affirmation of  truth
          of  statement  in  an administrative proceeding; and to repeal certain
          provisions of such law relating to making a technical correction ther-
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  302 of the state administrative procedure act is
     2  amended by adding a new subdivision 4 to read as follows:
     3    4. Affirmation of truth of statement.  The  statement  of  any  person
     4  wherever  made,  subscribed and affirmed by that person to be true under
     5  the penalties of perjury, may be used in an administrative proceeding in
     6  New York in lieu of and with the same force and effect as an  affidavit.
     7  Such affirmation shall be in substantially the following form:
     8    I  affirm this ___ day of ______, ____, under the penalties of perjury
     9  under the laws of New York, which may include a  fine  or  imprisonment,
    10  that  the  foregoing is true, and I understand that this document may be
    11  filed in an administrative hearing.
    12    (Signature)
    13    § 2. Subdivision (a) of section 3020 of the  civil  practice  law  and
    14  rules is amended to read as follows:
    15    (a)  Generally. A verification is a statement [under oath], subscribed
    16  and affirmed to be true under the penalties  of  perjury  in  accordance
    17  with  rule  twenty-one hundred six of this chapter, that the pleading is
    18  true to the knowledge of the deponent, except as to matters  alleged  on
    19  information  and belief, and that as to those matters [he] such deponent
    20  believes it to be true. Unless  otherwise  specified  by  law,  where  a
    21  pleading  is  verified, each subsequent pleading shall also be verified,
    22  except the answer of an infant and except as to matter in  the  pleading
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 9032--A                          2
     1  concerning  which  the  party  would  be privileged from testifying as a
     2  witness.  Where the complaint is not verified,  a  counterclaim,  cross-
     3  claim  or  third-party claim in the answer may be separately verified in
     4  the same manner and with the same effect as if it were a separate plead-
     5  ing.
     6    §  3.  Rule  2106  of  the civil practice law and rules, as amended by
     7  chapter 585 of the laws of 2023, is REPEALED.
     8    § 4. This act shall take effect immediately.
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