LEGISLATIVE REVIEW COMMITTEE UPDATE

March - 2003

J. David Eldridge, Esq. & Matthew E. Pachman, Esq, Co-chairs

• An Act to amend §308 of the CPLR

(A 3660) Sponsor: Kaufman

status: referred to Codes

Permits service of process on the doorperson or concierge of a multiple dwelling subject to certain conditions to satisfy delivery requirement for delivery and mail service under CPLR 308(2); makes provisions regarding what constitutes proof of service; makes an exception for instances in which the owner of the multiple dwelling or employer or the doorperson or concierge is an adverse party tot he party to be served.

Justification: With more and more people living in secure apartment buildings, condos and co-ops, the role of the doorman has become increasingly responsible. In addition to the traditional function of screening callers and announcing visitors, today`s doorman or concierge may also be expected to accept messages and packages and to deliver them to the appropriate tenants. Frequently, the doorman has specific instructions to deny entry to all but residents or those people whose entry is approved by resi- dents, thus precluding a server of a summons from delivering the summons to the actual dwelling place of the person to be served. This new reality, combined with the avowed purpose of CPLR 308 to give actual notice to the defendant in a law suit, mandates the propriety of serving a doorman in order to effect personal service upon an apartment dweller. In these days of security cooperative and condominium complexes it is necessary to expand the outer limits of these dwelling places to encom- pass the security guard at the entrance of the dwellings of intended recipients of process.

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(2) Two Acts to add to §442-m of the Real Property Law ("RPL") (A2649) Sponsor: McLaughlin

Status: referred to Judiciary

Provides that a real estate broker shall have the duty to verify that each property he/she lists for sale, lease or for any other reason is in compliance with all local zoning laws and ordinances; provides that no real estate broker shall list any such property that is not in compliance with such local zoning laws and ordinances.

Justification: The proliferation of residential properties occupied in contravention of zoning restrictions has become a serious problem, particularly in the five boroughs of the City of New York. All too often, real estate brokers list properties for uses that violate local zoning laws. Brokers should be required to verify that the properties they list are in compliance with such zoning laws, and prohibited from listing properties they know to be not in compliance.

(S1737) Sponsor: Stavisky

Status: referred to Judiciary

Makes it a fraudulent practice and unlawful for a real estate broker or salesman to knowingly misrepresent that property offered for sale may be used for a non-conforming purpose contrary to zoning resolution applicable to such property or its location.

• An act to amend the penal law, in relation to license to carry and possess firearms

(A00197) Sponsor: Stringer

Status: referred to Codes

The purpose of this legislation is to establish a rational set of requirements for individuals to obtain a license to carry and possess a pistol or revolver.

This legislation restructures the eligibility requirements for an individual to carry and possess firearms. Section 1 of the bill amends section 400.00 of the penal law by adding a new subdivision 1-a which establishes certain qualifications to the requirements set forth in subdivision one of this section. These qualifications are:

• A minimum age requirement of 18 years of age to apply for a license to carry and possess firearms;
• Completion of a 15 hour course in the safe and accurate use of a pistol or revolver, the proper maintenance of a pistol and revolver, the laws regarding the possession and use of a pistol or revolver, and the administration of first aid to persons injured by a pistol or revolver;
• The satisfactory proof to the licensing officer and the signatory district attorney or attorneys that there is an extraordinary likelihood that such person may have to use a pistol or revolver to protect himself or others from imminent danger of death.

Section 2 of the bill amends section 400.00 of the penal law by adding a new subdivision 5-a which states that no license for a pistol or revolver shall be granted unless approved by a district attorney.

Justification: At present there is no state minimum age requirement for handgun license applicants. Several counties throughout the state have adopted individual age requirements ranging from 18 years to 21 years of age. This legislation provides a uniform age standard throughout the state.

Matthew E. Pachman and J. David Eldridge are partners in the firm of Pachman, Pachman & Eldridge, of Commack, NY. Together they co-chair the Bar's Legislative Review Committee.