§ 79-a. Consequence of sentence to imprisonment for life. 1. Except
as provided in subdivisions two and three, a person sentenced to
imprisonment for life is thereafter deemed civilly dead; provided, that
such a person may marry while on community supervision, or after he or
she has been discharged from community supervision, if otherwise capable
of contracting a valid marriage. A marriage contracted pursuant to this
section by a person while he or she is on community supervision, without
prior written approval of the commissioner of corrections and community
supervision, shall be ground for revocation of the community
supervision. This section shall not be deemed to impair the validity of
a marriage between a person sentenced to imprisonment for life and his
or her spouse.

2. A sentence to imprisonment for life shall not be deemed to suspend
the right or capacity of any person so sentenced to commence, prosecute
or defend 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 or
defense 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 or her 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.

4. This section shall not apply to a person sentenced to imprisonment
for an indeterminate term, having a minimum of one day and a maximum of
his natural life.

Nothing in this section shall be deemed to preclude the issuance of a
certificate of relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law to a person who
previously has been sentenced to imprisonment for life.