Bill Text: NY S06077 | 2017-2018 | General Assembly | Amended

---

Bill Title: Authorizes the holding of arbitration and mediation proceedings on Saturday and/or Sunday when all parties and the tribunal consent thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-06-14 - SUBSTITUTED BY A8154 [S06077 Detail]

Download: New_York-2017-S06077-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         6077--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  amend  the  judiciary law, in relation to the conducting of
          arbitration and mediation on Saturday and/or Sunday in certain cases
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 5 of the judiciary law, as amended by chapter 115
     2  of the laws of 1986, is amended to read as follows:
     3    § 5. Courts not to sit on Sunday except in special cases nor on Satur-
     4  day in certain cases. A court shall not be opened, or transact any busi-
     5  ness on Sunday, nor shall a court transact any business on a Saturday in
     6  any case where such day is kept as a holy day by any party to the  case,
     7  except  to  receive a verdict or discharge a jury and for the receipt by
     8  the criminal court of the city  of  New  York  or  a  court  of  special
     9  sessions  of  a plea of guilty and the pronouncement of sentence thereon
    10  in any case in which such court has jurisdiction. An  adjournment  of  a
    11  court  on  Saturday,  unless  made after a cause has been committed to a
    12  jury, must be to some other day than Sunday. But this section  does  not
    13  prevent  the  exercise  of the jurisdiction of a magistrate, where it is
    14  necessary to preserve the peace, or, in  a  criminal  case,  to  arrest,
    15  commit or discharge a person charged with an offense, or the granting of
    16  an  injunction order by a justice of the supreme court when in his judg-
    17  ment it is necessary to prevent irremediable injury or the service of  a
    18  summons  with  or  without  a  complaint if accompanied by an injunction
    19  order and an order of such  justice  permitting  service  on  that  day.
    20  Furthermore, no provision of this section shall be deemed to prohibit or
    21  prevent  the  conducting on Saturday and/or Sunday of any arbitration or
    22  mediation proceeding, provided all parties and the tribunal  consent  to
    23  such  proceeding  in writing. A writing purporting to provide consent of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11083-05-7
        S. 6077--A                          2
     1  any party that is not prepared by the party shall only be sufficient  to
     2  establish consent upon a finding by the tribunal by clear and convincing
     3  evidence,   that   such   party  has  affirmatively  consented  to  such
     4  proceedings  on a Saturday or Sunday as the case may be; such finding to
     5  be made part of the record of any further proceedings.
     6    § 2. This act shall take effect immediately.