Assembly Bill A9478

2023-2024 Legislative Session

Relates to use of an affirmation of truth of statement in an administrative proceeding; repealer

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Sponsored By

Current Bill Status Via S9032 - Passed Assembly

  • 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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Bill Amendments

co-Sponsors

2023-A9478 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Rpld R2106, amd §3020, CPLR; amd §302, St Ad Proc Act

2023-A9478 - Summary

Allows for the use of an affirmation of truth of statement in an administrative proceeding; repeals certain provisions needed to make a technical correction in law.

2023-A9478 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9478
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by M. of A. McMAHON, LAVINE -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend 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 thereto

   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 559 of the laws of 2023, is amended to read as follows:
   Rule  2106.  Affirmation  of  truth of statement. The statement of any
 person wherever made, subscribed and affirmed by that person to be  true
 under  the penalties of perjury, may be used in an action OR ADMINISTRA-
 TIVE PROCEEDING in New York in lieu of  and  with  the  same  force  and
 effect  as  an affidavit. Such affirmation shall be in substantially the
 following 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 the foregoing is true, and I understand that this document  may  be
 filed  in  an  action  or proceeding in a court of law OR ADMINISTRATIVE
 HEARING.
   (Signature)
   § 2. Rule 2106 of the civil practice law  and  rules,  as  amended  by
 chapter 585 of the laws of 2023, is REPEALED.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14709-02-4

co-Sponsors

2023-A9478A (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Rpld R2106, amd §3020, CPLR; amd §302, St Ad Proc Act

2023-A9478A (ACTIVE) - Summary

Allows for the use of an affirmation of truth of statement in an administrative proceeding; repeals certain provisions needed to make a technical correction in law.

2023-A9478A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9478--A
                                                            R. R. 194
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced by M. of A. McMAHON, LAVINE, SAYEGH -- read once and referred
   to  the Committee on Judiciary -- reported and referred to the Commit-
   tee on Rules -- ordered to a third reading -- amended on  the  special
   order  of  third  reading, ordered reprinted as amended, retaining its
   place on the special 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-
   eto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 302 of the state administrative  procedure  act  is
 amended by adding a new subdivision 4 to read as follows:
   4.  AFFIRMATION  OF  TRUTH  OF  STATEMENT. THE STATEMENT OF ANY PERSON
 WHEREVER MADE, SUBSCRIBED AND AFFIRMED BY THAT PERSON TO BE  TRUE  UNDER
 THE PENALTIES OF PERJURY, MAY BE USED IN AN ADMINISTRATIVE PROCEEDING IN
 NEW  YORK IN LIEU OF AND WITH THE SAME FORCE AND EFFECT AS AN AFFIDAVIT.
 SUCH AFFIRMATION SHALL BE IN SUBSTANTIALLY THE FOLLOWING 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 THE FOREGOING IS TRUE, AND I UNDERSTAND THAT THIS DOCUMENT  MAY  BE
 FILED IN AN ADMINISTRATIVE HEARING.
   (SIGNATURE)
   §  2.  Subdivision  (a)  of section 3020 of the civil practice law and
 rules is amended to read as follows:
   (a) Generally. A verification is a statement [under oath],  SUBSCRIBED
 AND  AFFIRMED  TO  BE  TRUE UNDER THE PENALTIES OF PERJURY IN ACCORDANCE
 WITH RULE TWENTY-ONE HUNDRED SIX OF THIS CHAPTER, that the  pleading  is
 true  to  the knowledge of the deponent, except as to matters alleged on
 information and belief, and that as to those matters [he] SUCH  DEPONENT
 believes  it  to  be  true.  Unless  otherwise specified by law, where a
 pleading is verified, each subsequent pleading shall also  be  verified,
 except  the  answer of an infant and except as to matter in the pleading
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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