Bill S7119-2013

Extends expiration of provisions of civil practice law and rules requiring settlement conferences in residential foreclosure actions

Extends expiration of provisions of civil practice law and rules requiring settlement conferences in residental foreclosure actions; extends expiration of provisions of the real property actions and proceedings law requiring notice of foreclosure to be sent the borrower; extends until 2019 the provisions conferring certain powers on New York city marshals; extends the chief administrator of the courts' authority to allow referees to determine certain applications to a family court for an order of protection; extends for three more years, the judicial hearing officer pilot program in the family courts of the seventh and eighth judicial districts for ordering a reference to determine an application for an order of protection or temporary order of protection in certain cases.

Details

Actions

  • Jun 10, 2014: SUBSTITUTED BY A9354
  • Jun 3, 2014: ORDERED TO THIRD READING CAL.1125
  • Jun 3, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 29, 2014: REFERRED TO JUDICIARY

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 3, 2014
Ayes (17): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Larkin, LaValle, Marcellino, Maziarz, Seward, Valesky, Little, Stewart-Cousins, Breslin, Hassell-Thompson, Parker
Ayes W/R (7): Hannon, Nozzolio, Dilan, Krueger, Montgomery, Perkins, Gianaris
Excused (1): Espaillat

Memo

BILL NUMBER:S7119

TITLE OF BILL: An act to amend chapter 507 of the laws of 2009, amending the real property actions and proceedings law and other laws relating to home mortgage loans, in relation to extending the expiration of certain provisions thereof relating to notice of foreclosure and mandatory settlement conferences in residential foreclosure actions; to amend chapter 455 of the laws of 1997 amending the New York city civil court act and the civil practice law and rules relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments, in relation to extending the effectiveness of such chapter; to amend chapter 363 of the laws of 2010, amending the judiciary law relating to granting the chief administrator of the courts the authority to allow referees to determine applications for orders of protection during the hours family court is in session, in relation to the expiration date thereof; and to amend chapter 219 of the laws of 2002 amending the judiciary law relating to the judicial hearing officer pilot program and the powers of the chief administrator of the courts, in relation to extending the expiration of the provisions of such chapter

PURPOSE OF BILL:

The purpose of this bill is to extend four Chapters of law which will expire in 2014 and which need to be extended.

SUMMARY OF PROVISIONS:

The bill extends for five years Chapter 507 of the Laws of 2009 which relates to extending the: foreclosure settlement conferences for residential home loans; extend for five years Chapter 455 of the laws of 1997 which concerns the authority of the NYC Marshals to execute money judgments; extend for two years Chapter 363 of the Laws of 2010 which concerns the authority of referees to issue orders of protection in certain circumstances; and extend for two years Chapter 219 of the Laws of 2002 which concerns the authority of Judicial Hearing Officers.

JUSTIFICATION:

These chapters of law will expire this year if not extended.

LEGISLATIVE HISTORY:

New bill, 2014.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 7119 IN SENATE April 29, 2014 ___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend chapter 507 of the laws of 2009, amending the real prop- erty actions and proceedings law and other laws relating to home mort- gage loans, in relation to extending the expiration of certain provisions thereof relating to notice of foreclosure and mandatory settlement conferences in residential foreclosure actions; to amend chapter 455 of the laws of 1997 amending the New York city civil court act and the civil practice law and rules relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments, in relation to extending the effectiveness of such chapter; to amend chapter 363 of the laws of 2010, amending the judiciary law relating to granting the chief administrator of the courts the authority to allow referees to determine applications for orders of protection during the hours family court is in session, in relation to the expi- ration date thereof; and to amend chapter 219 of the laws of 2002 amending the judiciary law relating to the judicial hearing officer pilot program and the powers of the chief administrator of the courts, in relation to extending the expiration of the provisions of such chapter THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions a and e of section 25 of chapter 507 of the laws of 2009, amending the real property actions and proceedings law and other laws relating to home mortgage loans, are amended to read as follows: a. Sections one, one-a, two and three of this act shall take effect on the thirtieth day after this act shall have become a law and shall apply to notices required on or after such date; provided, however, that section one-a of this act shall expire and be deemed repealed [5] 10 years after such effective date; e. Section nine of this act shall take effect on the sixtieth day after this act shall have become a law and shall apply to legal actions
filed on or after such date; provided, however that the amendments to subdivision (a) of rule 3408 of the civil practice law and rules made by such section shall expire and be deemed repealed [5] 10 years after such effective date; S 2. Section 3 of chapter 455 of the laws of 1997, amending the New York city civil court act and the civil practice law and rules relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments, as amended by chapter 103 of the laws of 2009, is amended to read as follows: S 3. This act shall take effect immediately and shall remain in full force and effect only until June 30, [2014] 2019 when upon such date this act shall be deemed repealed. S 3. Section 2 of chapter 363 of the laws of 2010, amending the judi- ciary law relating to granting the chief administrator of the courts the authority to allow referees to determine applications for orders of protection during the hours family court is in session, as amended by chapter 137 of the laws of 2012, is amended to read as follows: S 2. This act shall take effect immediately; provided that paragraph (n) of subdivision 2 of section 212 of the judiciary law, as added by section one of this act, shall expire and be deemed repealed September 1, [2014] 2016. S 4. Section 2 of chapter 219 of the laws of 2002, amending the judi- ciary law relating to the judicial hearing officer pilot program and the powers of the chief administrator of the courts, as amended by chap- ter 34 of the laws of 2011, is amended to read as follows: S 2. This act shall take effect immediately and shall expire [12] 14 years after its effective date, when, upon such date, the provisions of this act shall be deemed repealed. S 5. This act shall take effect immediately.

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