2006 New York Code - Representation; Opening Judgment; Default.

 
    § 303. Representation; opening judgment; default.  1. In any action or
  proceeding  in  which  a  person in military service is a party, if such
  party does not personally appear therein or is  not  represented  by  an
  authorized attorney, the court may appoint an attorney to represent him;
  and in such case a bond, approved by the court, conditioned to indemnify
  the  defendant,  if in military service, against any loss or damage that
  he may suffer  by  reason  of  any  judgment,  should  the  judgment  be
  thereafter  set  aside in whole or in part, may be required and an order
  made to protect the rights of such person.  But  no  attorney  appointed
  under  this act to protect a person in military service shall have power
  to waive any right of the person for whom he is appointed or bind him by
  his acts.
    2. If any judgment shall be  rendered  in  any  action  or  proceeding
  against  any  person  in  military  service  during  the  period of such
  service, or within thirty days thereafter,  and  it  appears  that  such
  person  was  prejudiced  by reason of his military service in making his
  defense thereto, such judgment  may,  upon  application,  made  by  such
  person or his legal representative, not later than ninety days after the
  termination  of  such service, be opened by the court rendering the same
  and such defendant  or  his  legal  representative  let  in  to  defend;
  provided  it  is  made to appear that the defendant has a meritorious or
  legal defense to the action or proceeding,  or  to  some  part  thereof.
  Vacating, setting aside, or reversing any judgment because of any of the
  provisions  of  this act shall not impair any right or title acquired by
  any bona fide purchaser for value under such judgment.
    3. Where a default judgment may properly be rendered in any action  or
  proceeding  in  any  court, the court shall not require the attorney for
  the plaintiff or petitioner to submit an affidavit or  affirmation  that
  the  defendant  or  respondent is not in military service, provided that
  the court may impose such requirement where authorized by  federal  law.
  For purposes of this subdivision, the term "military service" shall have
  the  meaning  ascribed  by  the  provisions of the Federal Soldiers' and
  Sailors' Civil Relief Act of 1940, as amended.