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- A NYC DCWP meeting is scheduled for public hearing at 11:00 a.m. on August 21, 2024. The hearing is accessible by phone and videoconference and will address the following:
- We will be holding an informational meeting on Thursday, August 8th to discuss the proposed changes and everyone’s suggestions about the changes. There will be two sessions (one at noon and the other at 5:00 p.m.). Please let us know which meeting, if any, you plan to attend. EMAIL admin@nysppsa.org to RSVP.
Changes in the law to reflect the use of affirmations in addition to or instead of affidavits, an amendment to Section 2-233 ( c) and ( e) of Chapter 2 of Title 6 of the RCNY to detail the records that process servers must retain in electronic format and clarify the format in which the records are kept must be in the format provided on the Department’s website and that process servers are required to produce such records in this format.
There is also a very troublesome addition as to the timing element of the records and a new “five minute rule” which does not take into account all aspects of service – The process server is not in compliance with this provision if its electronic record was made before the time of attempted or effected service. There shall be a rebuttable presumption that the process server was not in compliance with this provision if its electronic record is made more than five minutes after the time of attempted or effected service.
Also, it adds another section that speaks to what each electronic record must include:
See pages 9-10 in the proposed rules.
In addition, it appears to seek to clarify service of process upon a business entity (see page 12)
Finally, it appears that there is a new section added, Section 2-235a Duty to Testify Truthfully which seems to speak about denying licenses to anyone who makes any false statement either under oath or in an affirmation/affidavit. The problem here is what is a false statement vs. a simple honest error.
Anyone who wants to comment on the proposed rules at the public hearing must sign up to speak by sending an email to Rulecomments@dcwp.nyc.gov. The hearing is for statements being made and not a question/answer format. I am going to speak, and I hope many of our members will, as well.
Paula Parrino, Esq.
President
