Assembly Bill A8154

Signed By Governor
2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

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2017-A8154 (ACTIVE) - Details

See Senate Version of this Bill:
S6077
Law Section:
Judiciary Law
Laws Affected:
Amd §5, Judy L

2017-A8154 (ACTIVE) - Summary

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

2017-A8154 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8154
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced  by  M. of A. SIMANOWITZ, WEINSTEIN -- read once and referred
   to the Committee on Judiciary
 
 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:
 
   Section 1. Section 5 of the judiciary law, as amended by  chapter  115
 of the laws of 1986, is amended to read as follows:
   § 5. Courts not to sit on Sunday except in special cases nor on Satur-
 day in certain cases. A court shall not be opened, or transact any busi-
 ness on Sunday, nor shall a court transact any business on a Saturday in
 any  case where such day is kept as a holy day by any party to the case,
 except to receive a verdict or discharge a jury and for the  receipt  by
 the  criminal  court  of  the  city  of  New  York or a court of special
 sessions of a plea of guilty and the pronouncement of  sentence  thereon
 in  any  case  in which such court has jurisdiction. An adjournment of a
 court on Saturday, unless made after a cause has  been  committed  to  a
 jury,  must  be to some other day than Sunday. But this section does not
 prevent the exercise of the jurisdiction of a magistrate,  where  it  is
 necessary  to  preserve  the  peace,  or, in a criminal case, to arrest,
 commit or discharge a person charged with an offense, or the granting of
 an injunction order by a justice of the supreme court when in his  judg-
 ment  it is necessary to prevent irremediable injury or the service of a
 summons with or without a complaint  if  accompanied  by  an  injunction
 order  and  an  order  of  such  justice permitting service on that day.
 FURTHERMORE, NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT OR
 PREVENT THE CONDUCTING ON SATURDAY AND/OR SUNDAY OF ANY  ARBITRATION  OR
 MEDIATION  PROCEEDING,  PROVIDED ALL PARTIES AND THE TRIBUNAL CONSENT TO
 SUCH PROCEEDING IN WRITING. A WRITING PURPORTING TO PROVIDE  CONSENT  OF
 ANY  PARTY THAT IS NOT PREPARED BY THE PARTY SHALL ONLY BE SUFFICIENT TO
 ESTABLISH CONSENT UPON A FINDING BY THE TRIBUNAL BY CLEAR AND CONVINCING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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