New York Laws
Article 13 - New York State Soldiers' and Sailors' Civil Relief Act
304 - Proceedings to Be Stayed Unless Interest Unaffected by Military Service.

ยง 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.

Structure New York Laws

New York Laws

MIL - Military

Article 13 - New York State Soldiers' and Sailors' Civil Relief Act

300 - Findings and Declaration of Emergency.

301 - Definitions.

301-A - Notice of Benefits to Persons in and Persons Enlisting in the State Organized Militia.

301-B - Extension of Benefits to Dependents.

301-C - Accident Prevention Course Information.

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

303 - Representation; Opening Judgment; Default.

304 - Proceedings to Be Stayed Unless Interest Unaffected by Military Service.

305 - Relief Against Fines and Penalties, Et Cetera.

306 - Actions Against Persons in Service.

307 - Continuance of Stay, Et Cetera.

308 - Statutes of Limitations and Statutes of a Similar Nature; Time of Military Service Not Included.

308-A - Waiver of Professional Continuing Education Requirements.

308-B - Extension of License, Certificate or Registration.

309 - Evictions; Restraint.

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

311 - Installment Purchases.

311-A - Termination of Motor Vehicle Lease Contracts.

311-B - Cancellation Without Penalty of Certain Additional Rental Contracts.

311-C - Termination Without Penalty of Certain Service Contracts.

312 - Mortgages.

313 - Settlement of Cases Involving Stayed Proceeding in Foreclosure or Repossession of Personal Property.

313-A - Exercise of Rights Under This Article Not to Affect Certain Future Financial Transactions.

314 - Taxes; Taxes on Real Property, Et Cetera.

315 - Taxes; Income Taxes.

316 - Policies of Insurance; Policies Not to Lapse or Be Forfeited.

316-A - Protection of Assignor of Life Insurance Policy; Enforcement of Storage Liens.

316-B - Professional Liability Protection for Certain Persons Ordered to Active Duty in Armed Forces.

317 - Reemployment in Private Industry.

318 - Policy of the State.

319 - Evasive Transfers of Interest.

321 - Certificates of Service.

322 - Interlocutory Orders.

323 - Further Relief.

323-A - Maximum Rate of Interest.

323-B - Filing Fees Waiver; Civil Actions.

324 - Separability.

325 - Inconsistent Provisions in Other Acts.

326 - Article Thirteen of Military Law, Added by Laws of Nineteen Hundred Forty-One, Chapter Six Hundred Eighty-Six.

327 - Duration of the Emergency.

328 - Short Title.