LAWS OF THE STATE OF NEW YORK PASSED AT THE ONE HUNDRED AND SEVENTY-SIXTH SESSION OF THE LEGISLATURE BEGUN JANUARY SEVENTH AND ENDED MARCH INCLUDING TWO EXTRAORDINARY SESSIONS 1953 AT THE CITY OF ALBANY ALSO OTHER MATTERS REQUIRED BY LAW Volume II New York, Laws, state ALBANY 1953 CERTIFICATE STATE OF NEW YORK OFFICE OF THE SECRETARY OF STATE ALBANY, January 4, 1954 Pursuant to the directions of chapter 37, laws of 1909, entitled legislative law, I hereby certify that the following volume of the laws of this state was printed under my direction. THOMAS J. CURRAN, Secretary of State Section 44 of the legislative law reads as follows: § 44. Printing of session laws. The secretary of state shall annually cause the session laws to be printed in a bond volume or volumes as soon as possible after the adjournment of the legislature. All new matter shall be printed in the same manner as existing law, and all matter eliminated from existing law, together with the brackets enclosing the same, all explanatory matter, line numbers and certificates shall be omitted, but there shall be inserted immediately under the title of the law, a statement to the effect that it became a law upon the properly specified date, with or without the approval of the governor, or notwithstanding his objections, as the case may be, and adding the words "passed by a majority vote,' "passed by a two-thirds vote," or "passed by a majority vote, threefifths being persent," and if passed on a message required by the constitution, that fact also shall be stated, and, if the certificate so specifies, the applicable portion of the constitution shall be identified, in accordance with the certificates appended to the original bill. In the case of an appropriation law passed pursuant to the provisions of sections three and four of article seven of the constitution the statement in addition to the other matter prescribed in this section shall also be to the effect that part of it became a law upon a properly specified date by the action of both houses of the legislature and that part of it became a law upon a properly specified date with or without the approval of the governor, or notwithstanding his objections, as the case may be. Such statement shall be presumptive evidence that the original law was certified by the presiding officer of each house accordingly. The legislature may appropriate such state moneys as may be necessary to secure the printing of the session laws in accordance with the provisions of this section. (As amended L. 1925, ch. 625; L. 1929, ch. 65, § 3; L. 1945, ch. 721, 18; L. 1948, ch. 258, § 1; L. 1949, ch. 366, § 2; L. 1950, ch. 820.) § 44-a. Printing of concurrent resolutions. In printing concurrent resolutions proposing amendments to the constitution of the state, or concurrent resolutions proposing or ratifying amendments to the constitution of the United States, all new matter shall be set out in italics and all matter to be eliminated shall be enclosed in brackets. (Added by L. 1948, ch. 258, § 2.) Section 2706 of the Education Law reads as follows: § 2706.* Certification of approved proposition. 1. Where it appears from the canvass of the votes thereon that a proposition submitted pursuant to the provisions of this article was approved by sixty per centum or more of the duly qualified voters of the school district voting thereon, the constitutional tax limitation of such school district shall be increased in accordance therewith, and the clerk of such school district forthwith shall file with the secretary of state, state comptroller, commissioner of education and city clerk a certified copy of the resolution which authorized the submission of the proposition together with his certificates specifying the date on which such election was held and stating that the proposition was so approved thereat. 2. It shall be the duty of the secretary of state to cause to be published separately under an appropriate heading, in the appendix of the session laws of each year and in the appendix of the local laws of each year, the names of the school districts which have increased their constitutional tax limitations pursuant to this article, with a statement of the percentage to which such limitation was so increased and the date of the election at which such increase was approved. * Section 2706 added by chap. 847, Laws of 1949, effective January 1, 1950, subd. 1, amended by chap. 39, Laws of 1952. [vi] CHAPTER 662* AN ACT to amend the civil practice act and the New York city court act, in relation to removal and joint trial of actions Became a law April 13, 1953, with the approval of the Governor. Passed, by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 97, Section 1. Section ninety-seven of the civil practice act, as last Practice amended by chapter three hundred thirty-nine of the laws of Act, nineteen hundred forty-one, is hereby amended to read as follows: amended. § 97. Consolidation or joint trial1 of actions pending in different courts. Where one action is pending in the supreme court and another is pending in another court, the supreme court, by order, may remove to itself the action in the other court and consolidate it or have it tried together2 with that in the supreme court. Where one action is pending in the county court and another is pending in a city, municipal, district or justice's court in the same county, the county court, by order, may after satisfactory cause be shown, remove to itself the action in the city, municipal, district or justice's court and consolidate it or have it tried together with that in the county court. ch. 539, § 2. Section eighteen-a of the New York city court act, as added L. 1926. by chapter one hundred forty-six of the laws of nineteen hundred 18-a. thirty and amended by chapter three hundred twenty-four of the amended laws of nineteen hundred thirty-six, is hereby amended to read as follows: § 18-a. Consolidation or joint trial of actions pending in different courts. Where one action is pending in the city court of the city of New York and another is pending in the municipal court of the city of New York the city court of the city of New York, by order, may remove to itself the action in the municipal court of the city of New York and consolidate it or have it tried together with that in the city court of the city of New York. Sept. 1, 1953 § 3. This act shall take effect September first, nineteen hundred Effective fifty-three. NOTE. This amendment is recommended by the Judicial Council. It makes statutory provision allowing a County Court in which a case is pending to remove to itself a case pending in a lower court and to have both cases tried jointly. Similarly it would permit such removal and joint trial by the City Court of the City of New York. With respect to such removal and joint trial by the Supreme Court, the amendment would codify decisional law (see Vandermark v. Novicky, 187 Misc. 773, 65 N. Y. S. 2d 606 (Sup. Ct. Broome Co. 1946).) For full explanation, see Nineteenth Annual Report of the Judicial Council (1953). 1 Words "or joint trial" new matter inserted. 2 Words "or have it tried together" new matter inserted. Words "or have it tried together" new matter inserted. Words "or joint trial" new matter inserted. "Words "pending in different courts" new matter inserted. Word "action" new matter substituted for words "of the actions". "Words "or have it tried together" new matter inserted. |