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

                                         3676

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                     March 2, 2011
                                      ___________

       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes

       AN ACT to amend the civil practice law and rules, in relation to  stipu-
         lation of settlement

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

    1    Section 1. Rule 2104 of the civil practice law and rules,  as  amended
    2  by section 28 of part J of chapter 62 of the laws of 2003, is amended to
    3  read as follows:
    4    Rule  2104. Stipulations. An agreement between parties or their attor-
    5  neys relating to any matter in an action, other than  one  made  between
    6  counsel  in  open  court,  is not binding upon a party unless it is in a
    7  writing subscribed by him OR HER, or his OR HER attorney or  reduced  to
    8  the  form  of  an  order  and  entered.  With respect to stipulations of
    9  settlement [and notwithstanding the form of the stipulation  of  settle-
   10  ment,  the  terms  of such stipulation shall be filed by], the defendant
   11  SHALL FILE THE STIPULATIONS OF SETTLEMENT with the county  clerk.    THE
   12  STIPULATIONS  OF  SETTLEMENT  SHALL  ONLY  BE  REQUIRED  TO  PROVIDE THE
   13  PARTIES' AGREEMENT TO SETTLE. THE  PARTIES  SHALL  NOT  BE  REQUIRED  TO
   14  SUBMIT THE TERMS OF SETTLEMENT.
   15    S 2. This act shall take effect immediately.




        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09771-01-1