N.Y. Military Law Section 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.

Source: Section 304 — Proceedings to be stayed unless interest unaffected by military service, https://www.­nysenate.­gov/legislation/laws/MIL/304 (updated Sep. 22, 2014; accessed Jan. 18, 2025).

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 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 308‑A
Waiver of professional continuing education requirements 308‑B
Extension of license, certificate or registration 309
Evictions 310
Liability for rent accruing after induction 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 315
Taxes 316
Policies of insurance 316‑A
Protection of assignor of life insurance policy 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 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
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Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 304’s source at nysenate​.gov

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