State Codes and Statutes

Statutes > New-york > Cvr > Article-7 > 79

§  79.  Forfeiture of office and suspension of civil rights. 1. Except  as provided in subdivision two a sentence of  imprisonment  in  a  state  correctional  institution  for any term less than for life or a sentence  of imprisonment in a state correctional institution for an indeterminate  term, having a minimum of  one  day  and  a  maximum  of  natural  life,  forfeits  all  the  public offices, and suspends, during the term of the  sentence, all the civil rights, and all private  trusts,  authority,  or  powers of, or held by, the person sentenced.    2.  A sentence of imprisonment in a state correctional institution for  any term less than for life or a sentence of  imprisonment  in  a  state  correctional  institution for an indeterminate term, having a minimum of  one day and a maximum of natural life shall not be deemed to suspend the  right or capacity of any person so sentenced to commence  and  prosecute  an  action or proceeding in any court within this state or before a body  or  officer  exercising  judicial,  quasi-judicial   or   administrative  functions  within  this state; provided, however, that where at the time  of the commencement  and  during  the  prosecution  of  such  action  or  proceeding such person is an inmate of a state correctional institution,  he  shall  not appear at any place other than within the institution for  any purpose related to such action or proceeding unless upon a  subpoena  issued by the court before whom such action or proceeding is pending or,  where  such  action  or  proceeding is pending before a body or officer,  before a judge to whom a petition for habeas corpus could be made  under  subdivision  (b) of section seven thousand two of the civil practice law  and rules upon motion of any party and upon a  determination  that  such  person's  appearance  is essential to the proper and just disposition of  the action or proceeding. Unless the court orders  otherwise,  a  motion  for  such  subpoena  shall  be  made on at least two days' notice to the  commissioner of correctional services.    3. (a) Except as provided in paragraph (b), the  state  shall  not  be  liable  for  any expense of or related to any such action or proceeding,  including but not limited to the expense of or related  to  transporting  the  inmate  to, or lodging or guarding him at any place other than in a  state correctional institution. The Department of Correctional  Services  shall  not be required to perform any services related to such action or  proceeding, including but not limited to transporting the inmate  to  or  lodging  or  guarding  him  at any place other than a state correctional  institution unless and until the Department  has  received  payment  for  such services.    (b)  Where the inmate is permitted in accordance with any other law to  proceed with the action or proceeding as a poor person  the  expense  of  transporting  the  inmate  to,  or  lodging or guarding him at any place  other than in a state correctional  institution  or  any  other  expense  relating  thereto shall be a state charge; provided, however, that where  an inmate has been granted such permission and a recovery by judgment or  by settlement is had in his favor, the court may direct him to  pay  out  of the recovery all or part of any sum expended by the state.

State Codes and Statutes

Statutes > New-york > Cvr > Article-7 > 79

§  79.  Forfeiture of office and suspension of civil rights. 1. Except  as provided in subdivision two a sentence of  imprisonment  in  a  state  correctional  institution  for any term less than for life or a sentence  of imprisonment in a state correctional institution for an indeterminate  term, having a minimum of  one  day  and  a  maximum  of  natural  life,  forfeits  all  the  public offices, and suspends, during the term of the  sentence, all the civil rights, and all private  trusts,  authority,  or  powers of, or held by, the person sentenced.    2.  A sentence of imprisonment in a state correctional institution for  any term less than for life or a sentence of  imprisonment  in  a  state  correctional  institution for an indeterminate term, having a minimum of  one day and a maximum of natural life shall not be deemed to suspend the  right or capacity of any person so sentenced to commence  and  prosecute  an  action or proceeding in any court within this state or before a body  or  officer  exercising  judicial,  quasi-judicial   or   administrative  functions  within  this state; provided, however, that where at the time  of the commencement  and  during  the  prosecution  of  such  action  or  proceeding such person is an inmate of a state correctional institution,  he  shall  not appear at any place other than within the institution for  any purpose related to such action or proceeding unless upon a  subpoena  issued by the court before whom such action or proceeding is pending or,  where  such  action  or  proceeding is pending before a body or officer,  before a judge to whom a petition for habeas corpus could be made  under  subdivision  (b) of section seven thousand two of the civil practice law  and rules upon motion of any party and upon a  determination  that  such  person's  appearance  is essential to the proper and just disposition of  the action or proceeding. Unless the court orders  otherwise,  a  motion  for  such  subpoena  shall  be  made on at least two days' notice to the  commissioner of correctional services.    3. (a) Except as provided in paragraph (b), the  state  shall  not  be  liable  for  any expense of or related to any such action or proceeding,  including but not limited to the expense of or related  to  transporting  the  inmate  to, or lodging or guarding him at any place other than in a  state correctional institution. The Department of Correctional  Services  shall  not be required to perform any services related to such action or  proceeding, including but not limited to transporting the inmate  to  or  lodging  or  guarding  him  at any place other than a state correctional  institution unless and until the Department  has  received  payment  for  such services.    (b)  Where the inmate is permitted in accordance with any other law to  proceed with the action or proceeding as a poor person  the  expense  of  transporting  the  inmate  to,  or  lodging or guarding him at any place  other than in a state correctional  institution  or  any  other  expense  relating  thereto shall be a state charge; provided, however, that where  an inmate has been granted such permission and a recovery by judgment or  by settlement is had in his favor, the court may direct him to  pay  out  of the recovery all or part of any sum expended by the state.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvr > Article-7 > 79

§  79.  Forfeiture of office and suspension of civil rights. 1. Except  as provided in subdivision two a sentence of  imprisonment  in  a  state  correctional  institution  for any term less than for life or a sentence  of imprisonment in a state correctional institution for an indeterminate  term, having a minimum of  one  day  and  a  maximum  of  natural  life,  forfeits  all  the  public offices, and suspends, during the term of the  sentence, all the civil rights, and all private  trusts,  authority,  or  powers of, or held by, the person sentenced.    2.  A sentence of imprisonment in a state correctional institution for  any term less than for life or a sentence of  imprisonment  in  a  state  correctional  institution for an indeterminate term, having a minimum of  one day and a maximum of natural life shall not be deemed to suspend the  right or capacity of any person so sentenced to commence  and  prosecute  an  action or proceeding in any court within this state or before a body  or  officer  exercising  judicial,  quasi-judicial   or   administrative  functions  within  this state; provided, however, that where at the time  of the commencement  and  during  the  prosecution  of  such  action  or  proceeding such person is an inmate of a state correctional institution,  he  shall  not appear at any place other than within the institution for  any purpose related to such action or proceeding unless upon a  subpoena  issued by the court before whom such action or proceeding is pending or,  where  such  action  or  proceeding is pending before a body or officer,  before a judge to whom a petition for habeas corpus could be made  under  subdivision  (b) of section seven thousand two of the civil practice law  and rules upon motion of any party and upon a  determination  that  such  person's  appearance  is essential to the proper and just disposition of  the action or proceeding. Unless the court orders  otherwise,  a  motion  for  such  subpoena  shall  be  made on at least two days' notice to the  commissioner of correctional services.    3. (a) Except as provided in paragraph (b), the  state  shall  not  be  liable  for  any expense of or related to any such action or proceeding,  including but not limited to the expense of or related  to  transporting  the  inmate  to, or lodging or guarding him at any place other than in a  state correctional institution. The Department of Correctional  Services  shall  not be required to perform any services related to such action or  proceeding, including but not limited to transporting the inmate  to  or  lodging  or  guarding  him  at any place other than a state correctional  institution unless and until the Department  has  received  payment  for  such services.    (b)  Where the inmate is permitted in accordance with any other law to  proceed with the action or proceeding as a poor person  the  expense  of  transporting  the  inmate  to,  or  lodging or guarding him at any place  other than in a state correctional  institution  or  any  other  expense  relating  thereto shall be a state charge; provided, however, that where  an inmate has been granted such permission and a recovery by judgment or  by settlement is had in his favor, the court may direct him to  pay  out  of the recovery all or part of any sum expended by the state.