N.Y. Military Law Section 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 or by an officer of the applicable force of the organized militia shall, when produced, be prima facie evidence of the facts therein certified and of the authority of the signer to issue the same.

2.

When a person in military service has been reported missing he shall be presumed to continue in such service until accounted for, and no period herein limited which begins or ends with the death of such person shall begin or end until the death of such person is in fact reported to or proved by the applicable force of the armed forces of the United States or of the organized militia, or until such death is proved by a court of competent jurisdiction; provided, that no period herein limited which begins or ends with the death of such person shall be extended beyond a period of six months after the time when this act ceases to be in force.

Source: Section 321 — Certificates of service, https://www.­nysenate.­gov/legislation/laws/MIL/321 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 321’s source at nysenate​.gov

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