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New York Civil Rights - Article 7 - § 79 Forfeiture of Office and Suspension of Civil Rights

Legal Research Home > New York Laws > New York Civil Rights (CVR) > New York Civil Rights - Article 7 - § 79 Forfeiture of Office and Suspension of Civil Rights

 
    §  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.

Last modified: February 15, 2012