2020 New York Laws
CVR - Civil Rights
Article 7 - Miscellaneous Rights and Immunities
79 - Forfeiture of Office and Suspension of Civil Rights.

Universal Citation: NY Civ Rights L § 79 (2020)
§  79.  Forfeiture of office and suspension of civil rights. 1. Except
as provided in subdivision two a sentence of  imprisonment  in  a  state
correctional  institution  for any term less than for life or a sentence
of imprisonment in a state correctional institution for an indeterminate
term, having a minimum of  one  day  and  a  maximum  of  natural  life,
forfeits  all  the  public offices, and suspends, during the term of the
sentence, all the civil rights, and all private  trusts,  authority,  or
powers of, or held by, the person sentenced.
  2.  A sentence of imprisonment in a state correctional institution for
any term less than for life or a sentence of  imprisonment  in  a  state
correctional  institution for an indeterminate term, having a minimum of
one day and a maximum of natural life shall not be deemed to suspend the
right or capacity of any person so sentenced to commence  and  prosecute
an  action or proceeding in any court within this state or before a body
or  officer  exercising  judicial,  quasi-judicial   or   administrative
functions  within  this state; provided, however, that where at the time
of the commencement  and  during  the  prosecution  of  such  action  or
proceeding such person is an inmate of a state correctional institution,
he  shall  not appear at any place other than within the institution for
any purpose related to such action or proceeding unless upon a  subpoena
issued by the court before whom such action or proceeding is pending or,
where  such  action  or  proceeding is pending before a body or officer,
before a judge to whom a petition for habeas corpus could be made  under
subdivision  (b) of section seven thousand two of the civil practice law
and rules upon motion of any party and upon a  determination  that  such
person's  appearance  is essential to the proper and just disposition of
the action or proceeding. Unless the court orders  otherwise,  a  motion
for  such  subpoena  shall  be  made on at least two days' notice to the
commissioner of corrections and community supervision.
  3. (a) Except as provided in paragraph (b), the  state  shall  not  be
liable  for  any expense of or related to any such action or proceeding,
including but not limited to the expense of or related  to  transporting
the  inmate  to, or lodging or guarding him at any place other than in a
state  correctional  institution.  The  department  of  corrections  and
community  supervision  shall  not  be  required to perform any services
related to such action or  proceeding,  including  but  not  limited  to
transporting the inmate to or lodging or guarding him at any place other
than  a  state  correctional institution unless and until the department
has received payment for such services.

(b) Where the inmate is permitted in accordance with any other law to proceed with the action or proceeding as a poor person the expense of transporting the inmate to, or lodging or guarding him at any place other than in a state correctional institution or any other expense relating thereto shall be a state charge; provided, however, that where an inmate has been granted such permission and a recovery by judgment or by settlement is had in his favor, the court may direct him to pay out of the recovery all or part of any sum expended by the state.

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