2013 New York Consolidated Laws
MIL - Military
Article 13 - (300 - 328) NEW YORK STATE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT
304 - Proceedings to be stayed unless interest unaffected by military service.


NY Mil L § 304 (2012) What's This?
 
    § 304. Proceedings to be stayed unless interest unaffected by military
  service.  At any stage thereof, any action or proceeding in any court or
  in  any  adjudicatory  or  licensing proceeding before any state agency,
  including any public benefit corporation or  public  authority,  or  any
  political  subdivision  of  the  state,  in  which  a person in military
  service is involved as a party, during the period  of  such  service  or
  within  sixty  days  thereafter  may,  in the discretion of the court or
  adjudicatory or licensing agency before which it is pending, on its  own
  motion, and shall, on application to it by such person or some person on
  his behalf, be stayed as provided in this act, unless, in the opinion of
  the  court or adjudicatory or licensing agency, the ability of plaintiff
  to prosecute the action, or the defendant to conduct his defense, or  in
  any  adjudicatory  or  licensing  proceeding the ability of the party to
  represent his interest, is not materially  affected  by  reason  of  his
  military service.

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