Senate Bill S4594

Signed By Governor
2011-2012 Legislative Session

Relates to an application for relief in aid of arbitration in a city court

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A6836 - 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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2011-S4594 (ACTIVE) - Details

See Assembly Version of this Bill:
A6836
Law Section:
Uniform City Court Act
Laws Affected:
Rpld & add §206, UCCA

2011-S4594 (ACTIVE) - Summary

Relates to an application for relief in aid of arbitration in a city court.

2011-S4594 (ACTIVE) - Sponsor Memo

2011-S4594 (ACTIVE) - Bill Text download pdf

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

                                  4594

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to amend the uniform city court act, in relation to an applica-
  tion for relief in aid of arbitration in a city court

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

  Section 1. Section 206 of the uniform city court act is REPEALED and a
new section 206 is added to read as follows:
S 206. ARBITRATION.
  (A)  THRESHOLD QUESTIONS UNDER ARTICLE SEVENTY-FIVE OF THE CIVIL PRAC-
TICE LAW AND RULES. IF AN ACTION OF WHICH THE COURT HAS JURISDICTION HAS
BEEN DULY COMMENCED THEREIN, AND THERE ARISE IN SUCH  ACTION  ANY  QUES-
TIONS  RELATING TO THE ARBITRABILITY OF THE CONTROVERSY, THE COURT SHALL
HAVE JURISDICTION COMPLETELY TO DISPOSE OF SUCH  QUESTIONS  AND  ARTICLE
SEVENTY-FIVE  OF  THE  CIVIL  PRACTICE LAW AND RULES SHALL BE APPLICABLE
THERETO. BUT THE COURT  SHALL  NOT  HAVE  JURISDICTION  OF  THE  SPECIAL
PROCEEDING,  AS  SET  FORTH  IN  SUBDIVISION (A) OF SECTION SEVENTY-FIVE
HUNDRED TWO OF THE CIVIL PRACTICE LAW AND RULES, USED TO BRING BEFORE  A
COURT  THE  FIRST  APPLICATION ARISING OUT OF AN ARBITRABLE CONTROVERSY,
EXCEPT AS PROVIDED IN SUBDIVISION (B) OF THIS SECTION.
  (B) PROCEEDINGS ON AWARD UNDER ARTICLE SEVENTY-FIVE OF THE CIVIL PRAC-
TICE LAW AND RULES. WHERE A CONTROVERSY HAS BEEN DULY ARBITRATED AND  AN
AWARD  MADE  THEREIN IS FOR RELIEF WHICH IS WITHIN THE COURT'S JURISDIC-
TION, THE COURT SHALL HAVE JURISDICTION OF  PROCEEDINGS  UNDER  SECTIONS
SEVENTY-FIVE  HUNDRED  TEN  THROUGH SEVENTY-FIVE HUNDRED FOURTEEN OF THE
CIVIL PRACTICE LAW AND RULES, RELATING TO JUDICIAL RECOGNITION  OF  SUCH
AWARDS, WHICH PROVISIONS SHALL BE APPLICABLE THERETO.
  (C)  ARBITRATION DISTINCT FROM ARTICLE SEVENTY-FIVE OF THE CIVIL PRAC-
TICE LAW AND RULES. THE RULES MAY PROVIDE  SYSTEMS  OF  ARBITRATION  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09312-01-1

              

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