Senate Bill S719

2015-2016 Legislative Session

Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2015-S719 (ACTIVE) - Details

See Assembly Version of this Bill:
A447
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1725
2011-2012: A2061
2013-2014: S6444, A5142
2017-2018: S1090, A2540
2019-2020: S877, A784
2021-2022: S3049, A197
2023-2024: S2997, A6065

2015-S719 (ACTIVE) - Summary

Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner").

2015-S719 (ACTIVE) - Sponsor Memo

2015-S719 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   719

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  RIVERA -- 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  chang-
  ing  reference  from  physician,  osteopath  or dentist to health care
  practitioner

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Rule 2106 of the civil practice law and rules, as amended
by chapter 380 of the laws of 2014, is amended to read as follows:
  Rule 2106. Affirmation of truth of statement. (a) The statement of  an
attorney  admitted  to  practice  in  the  courts  of the state, or of a
[physician, osteopath or dentist] HEALTH CARE  PRACTITIONER,  authorized
by TITLE EIGHT OF THE EDUCATION law to practice in the state, who is not
a  party  to an action, when subscribed and affirmed by him OR HER to be
true under the penalties of perjury, may  be  served  or  filed  in  the
action in lieu of and with the same force and effect as an affidavit.
  (b)  The  statement  of  any  person,  when  that person is physically
located outside the geographic boundaries of the United  States,  Puerto
Rico,  the  United  States  Virgin  Islands, or any territory or insular
possession subject to the jurisdiction of the United States,  subscribed
and  affirmed  by that person to be true under the penalties of perjury,
may be used in an action in lieu of and with the same force  and  effect
as  an affidavit. Such affirmation shall be in substantially the follow-
ing form:
  I affirm this ___ day of ______, ____, under the penalties of  perjury
under  the  laws  of New York, which may include a fine or imprisonment,
that I am physically located outside the geographic  boundaries  of  the
United  States,  Puerto  Rico,  the United States Virgin Islands, or any
territory or insular possession  subject  to  the  jurisdiction  of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02785-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.