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N.Y. Civ. Rights Law § 79

Forfeiture of office and suspension of civil rights

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2022). View current text →

§ 79. Forfeiture of office and suspension of civil rights. 1. Except\nas provided in subdivision two a sentence of imprisonment in a state\ncorrectional institution for any term less than for life or a sentence\nof imprisonment in a state correctional institution for an indeterminate\nterm, having a minimum of one day and a maximum of natural life,\nforfeits all the public offices, and suspends, during the term of the\nsentence, all the civil rights, and all private trusts, authority, or\npowers of, or held by, the person sentenced.\n 2. A sentence of imprisonment in a state correctional institution for\nany term less than for life or a sentence of imprisonment in a state\ncorrectional institution for an indeterminate term, having a minimum of\none day and a maximum of natural life shall not be deemed to suspend the\nright or capacity of any person so sentenced to commence and prosecute\nan action or proceeding in any court within this state or before a body\nor officer exercising judicial, quasi-judicial or administrative\nfunctions within this state; provided, however, that where at the time\nof the commencement and during the prosecution of such action or\nproceeding such person is an inmate of a state correctional institution,\nhe shall not appear at any place other than within the institution for\nany purpose related to such action or proceeding unless upon a subpoena\nissued by the court before whom such action or proceeding is pending or,\nwhere such action or proceeding is pending before a body or officer,\nbefore a judge to whom a petition for habeas corpus could be made under\nsubdivision (b) of section seven thousand two of the civil practice law\nand rules upon motion of any party and upon a determination that such\nperson's appearance is essential to the proper and just disposition of\nthe action or proceeding. Unless the court orders otherwise, a motion\nfor such subpoena shall be made on at least two days' notice to the\ncommissioner of corrections and community supervision.\n 3. (a) Except as provided in paragraph (b), the state shall not be\nliable for any expense of or related to any such action or proceeding,\nincluding but not limited to the expense of or related to transporting\nthe inmate to, or lodging or guarding him at any place other than in a\nstate correctional institution. The department of corrections and\ncommunity supervision shall not be required to perform any services\nrelated to such action or proceeding, including but not limited to\ntransporting the inmate to or lodging or guarding him at any place other\nthan a state correctional institution unless and until the department\nhas received payment for such services.\n (b) Where the inmate is permitted in accordance with any other law to\nproceed with the action or proceeding as a poor person the expense of\ntransporting the inmate to, or lodging or guarding him at any place\nother than in a state correctional institution or any other expense\nrelating thereto shall be a state charge; provided, however, that where\nan inmate has been granted such permission and a recovery by judgment or\nby settlement is had in his favor, the court may direct him to pay out\nof the recovery all or part of any sum expended by the state.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.