reglab/statecodes huggingface dataset:
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 303 - 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.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 304 - Proceedings to Be Stayed Unless Interest Unaffected by Military Service.

§ 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.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 305 - Relief Against Fines and Penalties, Et Cetera.

§ 305. Relief  against fines and penalties, et cetera.  When an action
  for compliance with the terms of any contract is stayed pursuant to this
  act no fine or penalty shall accrue by reason of failure to comply  with
  the  terms  of  such contract during the period of such stay, and in any
  case where a person fails to  perform  any  obligation  and  a  fine  or
  penalty  for such non-performance is incurred a court may, on such terms
  as may be just, relieve against the enforcement of such fine or  penalty
  if  it  shall  appear  that  the person who would suffer by such fine or
  penalty was in the military service when the penalty was  incurred,  and
  that  by  reason  of  such  service the ability of such person to pay or
  perform was thereby materially impaired.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 306 - Actions Against Persons in Service.

§ 306. Actions   against  persons  in  service.    In  any  action  or
  proceeding commenced 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, against a person in military service: before or during the period
  of  such  service,  or  within  sixty  days  thereafter,  the  court  or
  adjudicatory or licensing agency may, in  its  discretion,  on  its  own
  motion,  or  on  application  to it by such person or some person on his
  behalf shall, unless in the opinion of  the  court  or  adjudicatory  or
  licensing agency the ability of the party to comply with the judgment or
  order  entered  or  sought  is  not materially affected by reason of his
  military service:
1. Stay the execution of any judgment or order  entered  against  such
  person, as provided in this act; and
2. Vacate or stay any attachment or garnishment of property, money, or
  debts  in  the  hands  of  another,  whether before or after judgment as
  provided in this act.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 307 - Continuance of Stay, Et Cetera.

§ 307. Continuance  of  stay,  et  cetera.    Any  stay of any action,
  proceeding,  attachment,  or  execution  ordered   by   any   court   or
  adjudicatory  or  licensing agency under the provisions of this act may,
  except as otherwise provided, be ordered  for  the  period  of  military
  service  and  three  months  thereafter  or any part of such period, and
  subject to such  terms  as  may  be  just,  whether  as  to  payment  in
  installments  of  such  amounts  and  at  such  times  as  the  court or
  adjudicatory or licensing agency may fix or otherwise  determine.  Where
  the  person  in  military  service  is  a  codefendant  with  others the
  plaintiff may nevertheless, by  leave  of  court,  proceed  against  the
  others.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 308 - Statutes of Limitations and Statutes of a Similar Nature; Time of Military Service Not Included.

§ 308.  Statutes of limitations and statutes of a similar nature; time
  of  military service not included.  The period of military service shall
  not be included in computing any period now or hereafter to  be  limited
  by  any  law,  regulation  or  order  for  the bringing of any action or
  proceeding in any court, board, bureau, commission, department or  other
  agency   of  government  of  this  state  or  any  of  its  governmental
  subdivisions by or against any person in  military  service,  or  by  or
  against  his  heirs, executors, administrators, or assigns, whether such
  cause of action or the right or privilege to institute such an action or
  proceeding shall have accrued prior to or  during  the  period  of  such
  service,  nor  shall any part of such period which occurs after the date
  of enactment of this act be included in  computing  any  period  now  or
  hereafter  provided  by any law for the redemption of real property sold
  or forfeited to enforce any obligation, tax or assessment.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 308-A - Waiver of Professional Continuing Education Requirements.

§  308-a.  Waiver  of  professional continuing education requirements.
  Notwithstanding any provision of general, special or local law, code  or
  ordinance,  or rule or regulation to the contrary, no person in military
  service, as defined in section three hundred one of  this  article,  who
  was  licensed,  registered  or  certified  to  engage in a profession or
  occupation prior to entering into military service, shall be required to
  complete the continuing education requirements for  such  profession  or
  occupation  for  any  entire  licensing,  registration  or certification
  period during  which  such  military  service  occurs,  and  where  such
  military  service  is  partially  within  a  licensing,  registration or
  certification period, such continuing education  requirements  shall  be
  reduced  proportionately  so  that  such  individual  is not required to
  complete such requirements while in military service.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 308-B - Extension of License, Certificate or Registration.

§   308-b.   Extension   of   license,  certificate  or  registration.
  Notwithstanding any other provision of general, special  or  local  law,
  code  or  ordinance,  or  rule  or  regulation to the contrary, military
  personnel serving on  active  duty,  who  were  licensed,  certified  or
  registered to engage in a profession or occupation prior to being called
  to  active  duty,  and  whose license, certificate or registration shall
  expire during such period of  active  duty,  shall  have  such  license,
  certificate  or  registration  automatically  extended for the period of
  active duty and for twelve months after  such  military  personnel  have
  been released from active duty, provided that with regard to professions
  subject to title VIII of the education law, this section shall not apply
  to  limited  permits  or  other  credentials  issued for a period of two
  months or less and shall not extend the term of a  limited  permit  that
  expires  for  reasons  other than the passage of time, including but not
  limited to failure on a licensure examination, and further provided that
  this section shall not be  construed  to  permit  any  individual  whose
  authority  to  engage  in a profession or occupation has been revoked or
  suspended to engage in such profession or occupation.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 309 - Evictions; Restraint.

§ 309. Evictions;  restraint. 1. No eviction or distress shall be made
  during the period  of  military  service  in  respect  of  any  premises
  occupied  chiefly  for dwelling purposes by a person in military service
  or the spouse, children, or other dependents of  a  person  in  military
  service, except upon leave of court granted upon application therefor or
  granted in any action or proceeding affecting the right of possession.
2. On any such application or in any such action the court may, in its
  discretion,  on its own motion, and shall, on application, unless in the
  opinion of the court the ability of the tenant to pay the agreed rent is
  not  materially  affected  by  reason  of  military  service,  stay  the
  proceedings for not longer than six months, as provided in this article,
  or it may make such other order as may be just.
3.  Any  person  who  shall  knowingly  take  part  in any eviction or
  distress otherwise than as provided in subdivision one of this  section,
  or  attempts  so  to  do, shall be guilty of a misdemeanor, and shall be
  punishable by imprisonment not to exceed one year  or  by  fine  not  to
  exceed one thousand dollars, or both.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 311 - Installment Purchases.

§ 311. Installment purchases.  1. No person who has received, or whose
  assignor  has  received,  under  a  contract for the purchase of real or
  personal property, or of lease or bailment with a view  to  purchase  of
  such  property,  a  deposit  or  installment  of the purchase price or a
  deposit or installment under the contract,  lease  or  bailment  from  a
  person  or  from the assignor of a person who, after the date of payment
  of such deposit or installment,  has  entered  military  service,  shall
  exercise any right or option under such contract to rescind or terminate
  the  contract or resume possession of the property for nonpayment of any
  installment thereunder due or for any other breach of the terms  thereof
  occurring prior to or during the period of such military service, except
  by  action  in a court of competent jurisdiction; provided, that nothing
  contained in this section shall prevent the  modification,  termination,
  or  cancellation  of  any  such  contract,  or prevent the repossession,
  retention, foreclosure, sale or taking possession of property  purchased
  or received or which is security for any obligation under such contract,
  pursuant  to  a  mutual  agreement  of  the  parties  thereto,  or their
  assignees, if such agreement is executed in  writng  subsequent  to  the
  making  of  such  contract  and  during  or after the period of military
  service of the person concerned.
2. Any person who shall knowingly resume possession of property  which
  is the subject of this section otherwise than as provided in subdivision
  one  hereof  or  attempt  so to do, shall be guilty of a misdemeanor and
  shall be punished by imprisonment not to exceed one year, or by fine not
  to exceed one thousand dollars, or both.
3. Upon the hearing of such action the court may order  the  repayment
  of prior installments or deposits or any part thereof, as a condition of
  terminating  the  contract  and  resuming possession of the property, or
  may, in its discretion, on its own motion, and shall, except as provided
  in section three hundred and thirteen, on  application  to  it  by  such
  person in military service or some person on his behalf, order a stay of
  proceedings  as  provided  in  this act except that such stay under this
  section may be ordered for the period of military service and six months
  thereafter or any part of such period, unless, in  the  opinion  of  the
  court,  the  ability  of  the  defendant to comply with the terms of the
  contract is not materially affected by reason of such service; or it may
  make such other disposition of the case as may be equitable to  conserve
  the interests of all parties.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 311-A - Termination of Motor Vehicle Lease Contracts.

§  311-a.  Termination  of  motor  vehicle  lease  contracts.  1.  The
  provisions of this section shall apply to every lease of a motor vehicle
  for personal, professional, business, agricultural or  similar  purposes
  in  any  case  in which (a) such lease was executed by or on behalf of a
  person who, after the execution of such lease, entered  active  military
  service,  and  (b)  the  motor  vehicle so leased has been used for such
  purposes, or for a combination of such purposes by such person or his or
  her legal dependents.
The provision of this section shall also apply to any lease covering a
  motor vehicle used for personal purposes where such lease  was  executed
  by or on the behalf of a person, who, after the execution of such lease,
  entered active military service where such lease was also executed by or
  on the behalf of the spouse of such a person.
2.  All  leases  described  in  subdivision one of this section may be
  terminated by notice in writing  delivered  to  the  lessor  or  to  the
  lessor's  agent  by  a  lessee  at  any  time  following the date of the
  beginning of such active military service. Delivery of such notice shall
  be accomplished by certified mail duly addressed to the lessor or to the
  lessor's agent. Termination of any  such  lease  providing  for  monthly
  lease  payments  shall not be effective until: (a) thirty days after the
  first date on which the next lease payment is due and payable subsequent
  to the date when such notice is delivered;  or  (b)  the  motor  vehicle
  subject  to  the  lease is returned to the custody or the control of the
  lessor, whichever is later. In the case of all motor vehicle leases, any
  unpaid lease payments  for  a  period  preceding  termination  shall  be
  proratably  computed and any lease payments made in advance for a period
  succeeding termination shall be refunded by the lessor. Upon application
  by the lessor  to  a  court  of  competent  jurisdiction  prior  to  the
  termination  period  provided  for  in the notice, any relief granted in
  this subdivision shall be subject to such modifications or  restrictions
  as  in  the  opinion of such court may be appropriate in the interest of
  justice.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 311-B - Cancellation Without Penalty of Certain Additional Rental Contracts.

§  311-b.  Cancellation  without  penalty of certain additional rental
  contracts. 1. The provision of this section shall apply  to  any  rental
  contracts  in which (a) such a contract was executed by or on the behalf
  of a person, who, after the execution of such contract,  entered  active
  military  service,  and  (b)  where such entry into military service now
  renders it impossible  for  such  person  to  abide  by  the  terms  and
  conditions of the rental contract.
2.  A  person  who enters into a rental contract for goods or services
  not otherwise addressed by the provisions of this  article,  who  enters
  into  active  military  service  subsequent  to  the  execution  of such
  contract, and where his or her  military  activation  causes  it  to  be
  impossible  for  him  or her to abide by the terms and conditions of the
  rental contract, is entitled to cancel such contract at no  penalty  and
  with a full refund of any moneys which may have been placed on deposit.
3.  Any such contract may be terminated by notice in writing delivered
  to the contractor by such person in active  military  service  canceling
  his  or  her  rental  contract  within one week of his or her receipt of
  orders to report for military service, and such notice shall  include  a
  copy  of  the  orders  in  question.  Delivery  of  such notice shall be
  accomplished by certified mail duly addressed to the contractor.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 311-C - Termination Without Penalty of Certain Service Contracts.

§  311-c. Termination without penalty of certain service contracts. 1.
The provisions of  this  section  shall  apply  to  every  contract  for
services from a telecommunications service provider, an internet service
provider,  a health club as defined in section six hundred twenty-one of
the general business law, a health spa,  or  a  provider  of  television
services,   including  but  not  limited  to  cable  television,  direct
satellite and other television-like services, in any case in which:  (a)
such  contract  was  executed  on  or  after  the effective date of this
section by or on behalf of a person who, after  the  execution  of  such
contract, entered active military service for ninety days or longer; and
(b)  the  person's  military  service is at a location where the service
provider cannot provide the services covered by the contract.
2. (a) Any contract described in subdivision one of this  section  may
be terminated without penalty by written notice delivered to the service
provider  by such person in active military service canceling his or her
contract within fourteen days of his or her receipt of orders to  report
for  military service. Such notice shall include a copy of the orders in
question.
(b) Delivery of such notice  shall  be  in  accordance  with  industry
standards  for  notification  of  terminations, together with the future
date on which the service is to be terminated.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 312 - Mortgages.

§ 312. Mortgages.   1. The provisions of this section shall apply only
to obligation and secured by mortgage, trust deed, or other security  in
the  nature  of  a  mortgage  upon  real or personal property owned by a
person in military service at the commencement  of  the  period  of  his
military  service and still so owned by him which obligations originated
prior to such person's period of military service.
2. In any proceeding commenced in  any  court  during  the  period  of
military service to enforce such obligation arising out of nonpayment of
any  sum  thereunder due or out of any other breach of the terms thereof
occurring prior to or during the period of such service the  court  may,
after  hearing,  in its discretion, on its own motion, and shall, except
as hereinafter provided in this act, on application to it by such person
in military service or some person on his behalf, unless in the  opinion
of  the  court  the ability of the defendant to comply with the terms of
the obligation is not materially affected  by  reason  of  his  military
service
(a) stay the proceedings as provided in this act; or
(b)  make  such  other  disposition of the case as may be equitable to
conserve the interests of all parties.
3. No sale, foreclosure, or seizure of property for nonpayment of  any
sum  due under any such obligation, or for any other breach of the terms
thereof, whether under a power of sale, under a  judgment  entered  upon
warrant of attorney to confess judgment contained therein, or otherwise,
shall  be valid if made during the period of military service, or within
six months thereafter, unless upon an order of sale  previously  granted
by the court and a return thereto made and approved by the court.
4.  Any  person  who  shall  knowingly  cause  to  be  made  any sale,
foreclosure or seizure of property defined  as  invalid  by  subdivision
three hereof, or attempts so to do, shall be guilty of a misdemeanor and
shall be punished by imprisonment not to exceed one year, or by fine not
to exceed one thousand dollars, or both.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 313 - Settlement of Cases Involving Stayed Proceeding in Foreclosure or Repossession of Personal Property.

§ 313. Settlement  of cases involving stayed proceeding in foreclosure
  or repossession of personal property.  Where a proceeding to foreclose a
  mortgage upon or to  resume  possession  of  personal  property,  or  to
  rescind  or  terminate  a  contract  for  the purchase thereof, has been
  stayed as provided in this act, the court may, unless in its opinion  an
  undue  hardship would result to the dependents of the person in military
  service, appoint three disinterested parties to  appraise  the  property
  and, based upon the report of the appraisers, order such sum, if any, as
  may be just, paid to the person in military service or his dependent, as
  the  case  may  be, as a condition of foreclosing the mortgage, resuming
  possession of the property, or rescinding or terminating the contract.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 313-A - Exercise of Rights Under This Article Not to Affect Certain Future Financial Transactions.

§  313-a.  Exercise of rights under this article not to affect certain
  future financial transactions.  Application  by  a  person  in  military
  service  for,  or  receipt  by  a person in military service of, a stay,
  postponement or suspension pursuant to the provisions of this article in
  the payment of any tax, fine, penalty, insurance premium, or other civil
  obligation or liability of that person shall not itself, without  regard
  to other considerations, provide the basis for any of the following:
1.  A  determination by any lender or other person that such person in
  military service is unable to pay such civil obligation or liability  in
  accordance with its terms.
2.  With  respect  to a credit transaction between a creditor and such
  person in military service: (a) a denial or revocation of credit by  the
  creditor;  (b)  a  change  by  the  creditor in the terms of an existing
  credit arrangement; or (c) a refusal by the creditor to grant credit  to
  such  person  in  substantially the amount or on substantially the terms
  requested.
3. An adverse report relating to the creditworthiness of  such  person
  in  military  service  by  or  to  any  person  or entity engaged in the
  practice of assembling or evaluating consumer credit information.
4. A refusal by an insurer to insure such person.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 314 - Taxes; Taxes on Real Property, Et Cetera.

§ 314. Taxes;  taxes on real property, et cetera. 1. The provisions of
this section shall apply when any taxes or assessments, whether  general
or  special,  other  than  taxes on income, whether falling due prior or
during the period of military service in respect of  personal  property,
money  or  credits  or  real  property  owned and occupied for dwelling,
agricultural, or business purposes by a person in military  service,  or
his  dependents,  at  the commencement of his period of military service
and still so occupied by his dependents or employees, are not paid.
2. No sale of such property shall be made to enforce the collection of
such tax or assessment, or any proceeding or  action  for  such  purpose
commenced,  except  upon  leave  of  court granted upon application made
therefor by the collector of taxes or other officer whose duty it is  to
enforce  the  collection  of  taxes or assessments. The court thereupon,
unless in its opinion the ability of the person in military  service  to
pay  such  taxes  or assessments is not materially affected by reason of
such service, may stay such proceedings or such  sale,  as  provided  in
this  act,  for  a  period  extending not more than six months after the
termination of the period of military service of such person.
3. When by law such property may be sold or forfeited to  enforce  the
collection  of  such  tax or assessment, such person in military service
shall have the right to redeem or commence  an  action  to  redeem  such
property, at any time not later than six months after the termination of
such  service,  but in no case later than six months after the date when
this act ceases to be in force; but this shall not be taken  to  shorten
any  period,  now or hereafter provided by the laws of the state, or any
political subdivision thereof, for such redemption.
4. (a) Except as  provided  in  paragraph  (b)  of  this  subdivision,
whenever  any  tax or assessment shall not be paid when due, such tax or
assessment due and unpaid shall bear interest until paid at the rate  of
six  per  centum  per  annum  from the date when such tax first became a
lien, and no other penalty or interest shall be incurred  by  reason  of
such  nonpayment,  whether  such  penalty or interest shall have accrued
prior or shall accrue subsequent to the commencement of  the  period  of
military  service  of  such  person.  Any  lien for such unpaid taxes or
assessment shall also include such interest thereon.
(b) A municipal corporation is  hereby  authorized  and  empowered  to
adopt  a  local  law  or, in the case of a school district, a resolution
providing that the rate of interest pursuant to this section  on  unpaid
taxes  or  assessment  shall  be  at a rate less than six per centum per
annum.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 315 - Taxes; Income Taxes.

§ 315. Taxes;  income  taxes.    The collection from any person in the
  military service of any tax  on  the  income  of  such  person,  whether
  falling  due prior to or during his period of military service, shall be
  deferred for a period extending not  more  than  six  months  after  the
  termination  of his period of military service, if such person's ability
  to pay such tax is materially impaired by reason of such  service.    No
  interest  on  any amount of tax, collection of which is deferred for any
  period under this section, shall accrue for such period of deferment, by
  reason of such non-payment.  The running of any statute  of  limitations
  against  collection  of  such  tax,  by distraint or otherwise, shall be
  suspended for the period of military service,  of  any  individual,  the
  collection  of  whose  tax  is  deferred  under this section, and for an
  additional period of nine months beginning with the  day  following  the
  termination of his period of military service.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 316-A - Protection of Assignor of Life Insurance Policy; Enforcement of Storage Liens.

§  316-a. Protection of assignor of life insurance policy; enforcement
of storage liens. 1. Where any life insurance policy on the  life  of  a
person  in  military  service  has  been assigned prior to such person's
period of military service to secure the payment of  any  obligation  of
such  person,  no  assignee  of  such  policy,  except  the  insurer  in
connection with a policy loan, shall,  during  the  period  of  military
service  of  the  insured or within one year thereafter, except upon the
consent in writing of the insured made during such period  or  when  the
premiums  thereon  are  due and unpaid or upon the death of the insured,
exercise any right or option by virtue of such  assignment  unless  upon
leave  of  court  granted  upon  an  application  made  therefor by such
assignee. The court may thereupon refuse to grant such leave  unless  in
the  opinion  of the court the ability of the obligor to comply with the
terms of the obligation is not materially affected by reason of  his  or
her military service.
2. No person shall exercise any right to foreclose or enforce any lien
for  storage  of  household  goods,  furniture, or personal effects of a
person in military service  during  such  person's  period  of  military
service  and for three months thereafter except upon an order previously
granted by a court upon application therefor and a return  thereto  made
and approved by the court; provided, however, within thirty days of such
person's return from military service, he or she shall provide notice to
the  individual  or  entity  providing  for  the  storage  of his or her
household goods, furniture or personal effects. In such  proceeding  the
court  may,  after  a hearing, in its discretion, on its own motion, and
shall, on application to it by such person in military service  or  some
person  on  his  or  her  behalf, unless in the opinion of the court the
ability of  the  defendant  to  pay  the  storage  charges  due  is  not
materially affected by reason of his or her military service:
(a) stay the proceedings as provided in this article; or
(b)  make  such  other  disposition of the case as may be equitable to
conserve the interest of all parties.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 318 - Policy of the State.

§  318. Policy of the state. 1. It is hereby declared to be the policy
of the state that citizens and residents of  the  state  should  not  be
discriminated against because they are subject to military duty pursuant
to  this  chapter  or  the  laws  of the United States or both; and that
persons doing business in the state should not  refuse  to  employ  such
persons because they are so subject to military duty.
2.  (a)  No person shall solicit, require, demand or otherwise request
that a person waive any of his or her rights under this article, whether
existing at that time or thereafter to accrue.
(b) Any person who shall  knowingly  violate  paragraph  (a)  of  this
subdivision  shall  be  guilty of a misdemeanor and shall be punished by
imprisonment not to exceed one year,  or  by  fine  not  to  exceed  one
thousand  dollars,  or  both  such  imprisonment  and fine, and shall be
further subject to a civil penalty in  an  amount  not  to  exceed  five
thousand  dollars  for each occurrence. Such penalty may be recovered in
an action brought by the attorney general  in  any  court  of  competent
jurisdiction.
(c) Any waiver entered into in violation of this subdivision shall not
be  deemed  to be binding on any person in military service who executed
such waiver.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 319 - Evasive Transfers of Interest.

§ 319. Evasive  transfers  of  interest.    Where in any proceeding to
  enforce a civil right  in  any  court  it  is  made  to  appear  to  the
  satisfaction  of  the court that any interest, property, or contract has
  since the date of the approval of this act been transferred or  acquired
  with  intent  to  delay  the  just  enforcement  of such right by taking
  advantage of this act, the court shall enter such judgment or make  such
  order  as  might lawfully be entered or made, the provisions of this act
  to the contrary notwithstanding.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 321 - Certificates of Service.

§ 321. Certificates of service.  1. In any proceeding under this act a
  certificate  executed by an officer of the applicable force of the armed
  forces of the United States or by an officer of the applicable force  of
  the  organized  militia shall, when produced, be prima facie evidence of
  the facts therein certified and of the authority of the signer to  issue
  the same.
2.  When  a  person  in  military service has been reported missing he
  shall be presumed to continue in such service until accounted  for,  and
  no  period  herein  limited  which begins or ends with the death of such
  person shall begin or end until the death of  such  person  is  in  fact
  reported to or proved by the applicable force of the armed forces of the
  United States or of the organized militia, or until such death is proved
  by  a  court  of competent jurisdiction; provided, that no period herein
  limited which begins or ends with the death  of  such  person  shall  be
  extended  beyond  a  period  of  six months after the time when this act
  ceases to be in force.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 322 - Interlocutory Orders.

§ 322. Interlocutory  orders.    Any  interlocutory  order made by any
  court under the provisions of this act may, upon the court's own  motion
  or  otherwise,  be revoked, modified, or extended by it upon such notice
  to the parties affected as it may require.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 323-A - Maximum Rate of Interest.

§  323-a. Maximum rate of interest. No obligation or liability bearing
  interest at a rate in excess of six  percent  per  year  incurred  by  a
  person  in  active  military  service  in the armed forces of the United
  States or in active military service of the  organized  militia  of  the
  state  before  that  person's  entry into such service shall, during any
  part of the period active military service, bear interest at a  rate  in
  excess of six percent per year unless, in the opinion of the court, upon
  application  thereto  by  the  obligee,  the  ability  of such person in
  military service to pay interest upon such obligation or liability at  a
  rate  in  excess  of  six percent per year is not materially affected by
  reason of such service, in which case the court may make such  order  as
  in  its opinion may be just. As used in this section the term "interest"
  includes service charges, renewal charges, fees and  any  other  charges
  (except  bona  fide  insurance)  with  respect  to  such  obligation  or
  liability.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 323-B - Filing Fees Waiver; Civil Actions.

§  323-b.  Filing  fees  waiver; civil actions. In any civil action or
  proceeding commenced in any court by a person who is an active member of
  the force of the organized militia, as defined by  subdivision  nine  of
  section one of this chapter, where the dispute or controversy is related
  to  such  person's service in the organized militia or the reserves, and
  the claims are based in whole or in part on  this  chapter,  or  on  the
  human rights law relating to military status, or on title 38 or title 50
  of  the  United  States  code,  all  court  costs or filing fees for the
  commencement of the civil action or proceeding shall be waived.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 324 - Separability.

§ 324. Separability.    If any clause, sentence, paragraph, or part of
  this article or the application thereof to any person or  circumstances,
  shall,  for any reason, be adjudged by a court of competent jurisdiction
  to be invalid, such judgment shall not affect, impair, or invalidate the
  remainder of this article, and the application thereof to other  persons
  or  circumstances, but shall be confined in its operation to the clause,
  sentence,  paragraph,  or  part  thereof  directly   involved   in   the
  controversy  in  which such judgment shall have been rendered and to the
  person or circumstances involved.   It is  hereby  declared  to  be  the
  legislative  intent  that  this article would have been adopted had such
  invalid provisions not been included.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 325 - Inconsistent Provisions in Other Acts.

§ 325. Inconsistent   provisions  in  other  acts.    Insofar  as  the
  provisions of this act are inconsistent with the provisions of any other
  act, general or special, or of any local law, the provisions of this act
  shall be controlling.
2023 New York Laws › MIL - Military › Article 13 - New York State Soldiers' and Sailors' Civil Relief Act › 326 - Article Thirteen of Military Law, Added by Laws of Nineteen Hundred Forty-One, Chapter Six Hundred Eighty-Six.

§ 326. Article  thirteen  of  military  law, added by laws of nineteen
  hundred forty-one, chapter six hundred  eighty-six.    Wherever  in  any
  section  or  provision of Article thirteen of the military law, added by
  laws of nineteen hundred forty-one, chapter six hundred  eighty-six,  as
  last  amended  by  laws  of  nineteen hundred forty-seven, chapter three
  hundred fifty-six, a proceeding, remedy,  privilege,  stay,  limitation,
  accounting  or  other  transaction  has been authorized or provided with
  respect to military service performed prior  to  April  first,  nineteen
  hundred  forty-eight,  such  section  or  provision  shall  be deemed to
  continue in full force and effect so long as may be  necessary  for  the
  exercise  or  enjoyment  of  such  proceeding,  remedy, privilege, stay,
  limitation, accounting or other transaction.
2023 New York Laws › MDW - Multiple Dwelling › Article 1 - Introductory Provisions; Definitions › 2 - Legislative Finding.

§  2.  Legislative  finding.  It  is  hereby  declared  that intensive
  occupation of multiple dwelling sites, overcrowding of multiple dwelling
  rooms,  inadequate  provision  for  light  and  air,  and   insufficient
  protection  against  the  defective  provision for escape from fire, and
  improper sanitation of multiple dwellings in certain areas of the  state
  are  a  menace  to  the  health, safety, morals, welfare, and reasonable
  comfort of the citizens of the state; and  that  the  establishment  and
  maintenance of proper housing standards requiring sufficient light, air,
  sanitation  and protection from fire hazards are essential to the public
  welfare.  Therefore the provisions hereinafter  prescribed  are  enacted
  and  their  necessity  in  the  public  interest is hereby declared as a
  matter of legislative determination.
2023 New York Laws › MDW - Multiple Dwelling › Article 2 - Miscellaneous Application Provisions › 8 - General Application of Chapter to Dwellings.

§ 8. General application of chapter to dwellings. All the requirements
  of  this  chapter  shall  apply  to  all  kinds  and classes of multiple
  dwellings, except where there are specific provisions,  requirements  or
  exceptions  for  one or more kinds or classes.  A specific provision for
  one kind or class of dwelling shall apply only to that kind or class  of
  dwelling  to which such reference is made. Whenever a specific provision
  is inconsistent with a general provision of this chapter,  the  specific
  provision  shall  apply  and  take precedence. The department shall have
  power to classify dwellings in accordance with the  provisions  of  this
  chapter.
2023 New York Laws › MDW - Multiple Dwelling › Article 2 - Miscellaneous Application Provisions › 10 - Time for Compliance.

§  10.  Time  for compliance. All alterations required by this chapter
  upon dwellings erected before its adoption  by  or  application  to  any
  city,  town  or village, in whole or in part, shall, unless specifically
  provided otherwise in this chapter, be made not later  than  five  years
  after  such  adoption  or application, or at such earlier date as may be
  deemed necessary by the  department  in  order  to  remove  a  condition
  dangerous or detrimental to life or health.
2023 New York Laws › MDW - Multiple Dwelling › Article 2 - Miscellaneous Application Provisions › 11 - Dwellings Damaged or Moved.

§ 11. Dwellings damaged or moved. 1. If a multiple dwelling be damaged
  by  fire or other cause to the extent of two-thirds or more of its value
  at the time of such damage exclusive of the  value  of  the  foundation,
  such dwelling shall not be repaired or rebuilt except in conformity with
  the provisions of this chapter relative to dwellings erected after April
  eighteenth, nineteen hundred twenty-nine.
2.  If  any non-fireproof stair in any multiple dwelling be damaged by
  fire or other cause to such extent that such stair or the  first  flight
  thereof  above  the entrance story is required to be rebuilt, such stair
  to the extent that it is required to be rebuilt shall  be  fire-retarded
  throughout.
3.  If  any  dwelling  be moved from one lot to another, such dwelling
  shall thereupon be made to conform to all the provisions of this chapter
  relative to light, ventilation, fire protection and egress of a dwelling
  erected after April eighteenth, nineteen  hundred  twenty-nine,  but  no
  frame  building of any kind whatsoever shall be moved so as to be placed
  upon the same lot with any multiple dwelling,  nor  shall  any  multiple
  dwelling  be  moved  so as to be placed upon the same lot with any frame
  building.
2023 New York Laws › MDW - Multiple Dwelling › Article 2 - Miscellaneous Application Provisions › 12 - Prohibited Uses.

§  12.  Prohibited  uses.  1. It shall be unlawful to use any multiple
  dwelling or any part of the lot or premises thereof for the  purpose  of
  prostitution or assignation of any description.
2.  It  shall be unlawful to keep any horse, cow, calf, swine, rabbit,
  sheep, goat, chicken or duck, or any pigeon  except  Antwerp  or  homing
  pigeons,  in  or  on  any  multiple  dwelling  or on the lot or premises
  thereof unless  permitted  by  and  in  accordance  with  local  law  or
  regulation.
3.  It  shall  be unlawful to use any multiple dwelling or any part of
  the lot or premises thereof for the keeping, storing or handling of  any
  combustible  article  or any article dangerous or detrimental to life or
  health, unless a permit is obtained for  such  use  in  conformity  with
  provisions  prescribed  by  local law, and where such local law does not
  exist, in conformity with provisions prescribed by the fire department.
2023 New York Laws › MDW - Multiple Dwelling › Article 2 - Miscellaneous Application Provisions › 13 - Application of Chapter to Existing Dwellings.

§  13.  Application  of  chapter  to  existing dwellings. Any building
  erected and occupied on or before  April  eighteenth,  nineteen  hundred
  twenty-nine, or thereafter, as a tenement, which is not recorded as such
  in  the  department, shall be required to comply with all the provisions
  governing dwellings of like class  or  kind  erected  after  such  date.
  Except  as  otherwise expressly required in this section and in sections
  nine  and  twenty-five,  subdivision  six  of  section  thirty-one,  and
  sections thirty-three, sixty-six and sixty-seven and in articles six and
  seven,  nothing in this chapter shall be construed to require any change
  in the construction, use or occupancy of any multiple dwelling  lawfully
  occupied  as  such  on  April  eighteenth, nineteen hundred twenty-nine,
  under  the  provisions  of  all  local  laws,  ordinances,   rules   and
  regulations applicable thereto on such date; but should the occupancy of
  any such dwelling be changed to any other kind or class after such date,
  such dwelling shall be required to comply with the provisions of section
  nine.
2023 New York Laws › MDW - Multiple Dwelling › Article 2 - Miscellaneous Application Provisions › 14 - Application of Chapter to Uncompleted Dwellings.

§  14.  Application  of  chapter  to  uncompleted  dwellings.  1.  The
  provisions of this chapter relating to multiple dwellings erected  after
  April  eighteenth,  nineteen hundred twenty-nine, shall not apply to any
  multiple dwelling for which plans were on file with the department or  a
  permit  to  commence building was issued by the department before August
  ninth, nineteen hundred twenty-nine, and the entire building shall  have
  been completed according to the plans filed with the department, subject
  to  any lawful subsequent amendment thereto, before July first, nineteen
  hundred forty-seven.
2. No provisions of any part  of  this  section  shall  be  deemed  to
  prohibit  the  amendment  of  any  plans filed and approved before April
  eighteenth, nineteen hundred twenty-nine, if such amendment  would  have
  been  lawful  before  such  date, or if such amendment complies with the
  requirements of this chapter for alterations to buildings of like  class
  and kind existing before April eighteenth, nineteen hundred twenty-nine.
3. A permit to commence building issued by the department before April
  eighteenth,  nineteen  hundred  twenty-nine,  based upon plans filed and
  approved for a multiple dwelling described in subdivision one, shall  be
  deemed to be in compliance with section three hundred.
4.  The  provisions  of  this  chapter  relating to multiple dwellings
  erected and occupied as such before April eighteenth,  nineteen  hundred
  twenty-nine,  shall  apply  to  the dwellings described in this section;
  except, however, that unless otherwise  expressly  required  in  article
  three  nothing  in this chapter shall be construed to require any change
  in the plans or occupancy of any such dwelling if it  be  fireproof  and
  the plans therefore when filed were in compliance with the provisions of
  all local laws, ordinances, rules and regulations applicable thereto and
  in  effect  on  April  eighteenth, nineteen hundred twenty-nine, or were
  subsequently amended to comply with such provisions.