Authorizes a stay of judicial proceedings where the minor dependent of a military member is involved

6 Co-sponsors

• John A. DeFrancisco
• Owen H. Johnson
• William J. Larkin Jr.
• George D. Maziarz
• James L. Seward
• Dale M. Volker

Title of bill

An act to amend the military law, in relation to extending certain benefits afforded with respect to judicial proceedings where the minor dependent of a military member is involved as a party

Purpose

To clarify New York State law with respect to staying of military proceedings when the rights of a minor are affected by the military service of a parent or guardian.

Summary of provisions

Section 1 amends section 304 of the military law to specifically include the minor dependent of a military member as possessing the same rights their parent or guardian possesses in terms of staying judicial proceedings.

Justification

A recent court decision, Jusino v. New York City Housing Authority, recently determined whether section 304 of the military law protected the rights of minor dependent in the same manner, with respect to the staying of judicial proceedings, as their parent or guardian. In that case, the minor dependent of a military member was injured in an apartment building owned and operated by the New York City Housing Authority. Shortly after the accident, the minor accompanied his father to his new active duty assignment with the United States Army. Unfortunately, a proper notice of claim had not been filed on the minor's behalf. The court held that while it was not specifically stated, the New York State military law granted greater protection than that of federal law. The court further stated that military members and their dependents may receive stays of proceedings when military service materially affects ones' ability to represent themselves. The court made the distinction based on the fact that federal law specifically excluded minor dependents of military members while New York State law was silent on the issue of dependents. This bill would clarify New York State law and adopt the holding in the case of Justino v. New York City Housing Authority, that the minor dependents of military members may receive the same stays of court proceedings as their parents when an active duty assignment materially affects their ability to represent their interests.

Legislative history

2008-07 S.2169 - Passed Senate 2006-05 S.706 - Passed Senate 2004-03 S.1766 - Passed Senate 2002-01 S.1158 - Passed Senate 2000 S.6437 - Passed Senate

Fiscal implications

To be determined.

Effective date

Immediately.