§ 79. Forfeiture of office and suspension of civil rights. 1. Except
as provided in subdivision two a sentence of imprisonment in a state
correctional institution for any term less than for life or a sentence
of imprisonment in a state correctional institution for an indeterminate
term, having a minimum of one day and a maximum of natural life,
forfeits all the public offices, and suspends, during the term of the
sentence, all the civil rights, and all private trusts, authority, or
powers of, or held by, the person sentenced.

2. A sentence of imprisonment in a state correctional institution for
any term less than for life or a sentence of imprisonment in a state
correctional institution for an indeterminate term, having a minimum of
one day and a maximum of natural life shall not be deemed to suspend the
right or capacity of any person so sentenced to commence and prosecute
an action or proceeding in any court within this state or before a body
or officer exercising judicial, quasi-judicial or administrative
functions within this state; provided, however, that where at the time
of the commencement and during the prosecution of such action or
proceeding such person is an incarcerated individual of a state
correctional institution, he or she shall not appear at any place other
than within the institution for any purpose related to such action or
proceeding unless upon a subpoena issued by the court before whom such
action or proceeding is pending or, where such action or proceeding is
pending before a body or officer, before a judge to whom a petition for
habeas corpus could be made under subdivision (b) of section seven
thousand two of the civil practice law and rules upon motion of any
party and upon a determination that such person's appearance is
essential to the proper and just disposition of the action or
proceeding. Unless the court orders otherwise, a motion for such
subpoena shall be made on at least two days' notice to the commissioner
of corrections and community supervision.

3. (a) Except as provided in paragraph (b) of this subdivision, the
state shall not be liable for any expense of or related to any such
action or proceeding, including but not limited to the expense of or
related to transporting the incarcerated individual to, or lodging or
guarding him or her at any place other than in a state correctional
institution. The department of corrections and community supervision
shall not be required to perform any services related to such action or
proceeding, including but not limited to transporting the incarcerated
individual to or lodging or guarding him at any place other than a state
correctional institution unless and until the department has received
payment for such services.

(b) Where the incarcerated individual is permitted in accordance with
any other law to proceed with the action or proceeding as a poor person
the expense of transporting the incarcerated individual to, or lodging
or guarding him or her at any place other than in a state correctional
institution or any other expense relating thereto shall be a state
charge; provided, however, that where an incarcerated individual has
been granted such permission and a recovery by judgment or by settlement
is had in his or her favor, the court may direct him or her to pay out
of the recovery all or part of any sum expended by the state.