New York Military Law Article 13 - NEW YORK STATE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT
- 300 - Findings and Declaration of Emergency.
It has been nationally recognized that because of the emergent conditions which are threatening the peace and imperiling the security of the nation, there is...
- 301 - Definitions.
As used in this article: 1. The term "military service" means duty by a person, male or female, in the active military service of the...
- 301-a - Notice of Benefits to Persons in and Persons Enlisting in the State Organized Militia.
The adjutant general shall ensure the giving of notice of the benefits accorded by this article and accorded by the laws of this state to...
- 301-b - Extension of Benefits to Dependents.
1. Dependents of a person in military service shall be entitled to the benefits accorded to persons in military service under the provisions of this...
- 301-c - Accident Prevention Course Information.
The division of military and naval affairs shall provide returning servicemen and women who have returned from a combat theater or combat zone of operations...
- 302 - Stay, et Cetera, to Persons Secondarily Liable.
1. Whenever, pursuant to any of the provisions of this article, the enforcement of any obligation or liability, the prosecution of any suit or proceeding,...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 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...
- 310 - Liability for Rent Accruing After Induction; Termination of Lease.
1. The provisions of this section shall apply to any lease covering premises occupied for dwelling, professional, business, agricultural, or similar purposes in any case...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 316 - Policies of Insurance; Policies Not to Lapse or Be Forfeited.
1. No policy which insures the life of a member of a reserve component of the armed forces of the United States, including the National...
- 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...
- 316-b - Professional Liability Protection for Certain Persons Ordered to Active Duty in Armed Forces.
1. Definitions. As used in this section: (a) The term "active duty in state military service" means full-time status (other than for training) with a...
- 317 - Reemployment in Private Industry.
1. In the case of any person who, in order to perform military service, has left or leaves a position, other than a temporary position,...
- 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...
- 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...
- 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...
- 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...
- 323 - Further Relief.
1. A person may, at any time during his period of military service or within six months thereafter, apply to a court for relief in...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 327 - Duration of the Emergency.
This act shall remain in force and effect until repealed or otherwise terminated by subsequent act of the legislature.
- 328 - Short Title.
This article shall be known and may be cited and referred to as the "New York Soldiers' and Sailors' Civil Relief Act of 1951".
Last modified: February 3, 2019