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Home » US Law » 2022 New York Laws » Consolidated Laws » MIL - Military » Article 13 - New York State Soldiers' and Sailors' Civil Relief Act

300 – Findings and Declaration of Emergency.

§ 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 imperative need to augment and strengthen the national defense. It is further recognized that the emergent conditions which endanger the national well-being likewise […]

301 – Definitions.

§ 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 United States as defined in section one of this chapter and active duty in the military service of the state pursuant to an order of the governor […]

301-B – Extension of Benefits to Dependents.

§ 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 article upon application to a court therefor, unless in the opinion of the court the ability of such dependents to comply with the […]

301-C – Accident Prevention Course Information.

§ 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 with information about accident prevention courses approved by the commissioner of motor vehicles pursuant to article twelve-B of the vehicle and traffic law. This […]

302 – Stay, Et Cetera, to Persons Secondarily Liable.

§ 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, the entry or enforcement of any order, writ, judgment or decree, or the performance of any act, may be stayed, postponed […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

310 – Liability for Rent Accruing After Induction; Termination of Lease.

§ 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 in which (a) such lease was executed by or on the behalf of a person who, after the execution […]

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, […]

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, […]

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 […]

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, […]