Bill Text: NY S04594 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-16 - SUBSTITUTED BY A6836 [S04594 Detail]

Download: New_York-2011-S04594-Introduced.html

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                           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:
    1    Section 1. Section 206 of the uniform city court act is REPEALED and a
    2  new section 206 is added to read as follows:
    3  S 206. ARBITRATION.
    4    (A)  THRESHOLD QUESTIONS UNDER ARTICLE SEVENTY-FIVE OF THE CIVIL PRAC-
    5  TICE LAW AND RULES. IF AN ACTION OF WHICH THE COURT HAS JURISDICTION HAS
    6  BEEN DULY COMMENCED THEREIN, AND THERE ARISE IN SUCH  ACTION  ANY  QUES-
    7  TIONS  RELATING TO THE ARBITRABILITY OF THE CONTROVERSY, THE COURT SHALL
    8  HAVE JURISDICTION COMPLETELY TO DISPOSE OF SUCH  QUESTIONS  AND  ARTICLE
    9  SEVENTY-FIVE  OF  THE  CIVIL  PRACTICE LAW AND RULES SHALL BE APPLICABLE
   10  THERETO. BUT THE COURT  SHALL  NOT  HAVE  JURISDICTION  OF  THE  SPECIAL
   11  PROCEEDING,  AS  SET  FORTH  IN  SUBDIVISION (A) OF SECTION SEVENTY-FIVE
   12  HUNDRED TWO OF THE CIVIL PRACTICE LAW AND RULES, USED TO BRING BEFORE  A
   13  COURT  THE  FIRST  APPLICATION ARISING OUT OF AN ARBITRABLE CONTROVERSY,
   14  EXCEPT AS PROVIDED IN SUBDIVISION (B) OF THIS SECTION.
   15    (B) PROCEEDINGS ON AWARD UNDER ARTICLE SEVENTY-FIVE OF THE CIVIL PRAC-
   16  TICE LAW AND RULES. WHERE A CONTROVERSY HAS BEEN DULY ARBITRATED AND  AN
   17  AWARD  MADE  THEREIN IS FOR RELIEF WHICH IS WITHIN THE COURT'S JURISDIC-
   18  TION, THE COURT SHALL HAVE JURISDICTION OF  PROCEEDINGS  UNDER  SECTIONS
   19  SEVENTY-FIVE  HUNDRED  TEN  THROUGH SEVENTY-FIVE HUNDRED FOURTEEN OF THE
   20  CIVIL PRACTICE LAW AND RULES, RELATING TO JUDICIAL RECOGNITION  OF  SUCH
   21  AWARDS, WHICH PROVISIONS SHALL BE APPLICABLE THERETO.
   22    (C)  ARBITRATION DISTINCT FROM ARTICLE SEVENTY-FIVE OF THE CIVIL PRAC-
   23  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
       S. 4594                             2
    1  CONCILIATION OF CLAIMS WITHIN THE COURT'S JURISDICTION WITHOUT REFERENCE
    2  TO ARTICLE SEVENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES.
    3    S  2.  This  act shall take effect on the thirtieth day after it shall
    4  become a law.