N.Y. Civil Rights Law § 79: Forfeiture of office and suspension of civil rights

§ 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 incarcerated individual of a state

correctional institution, he or she 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 corrections and community supervision.

3. (a) Except as provided in paragraph (b) of this subdivision, 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 incarcerated individual to, or lodging or

guarding him or her at any place other than in a state correctional

institution. The department of corrections and community supervision

shall not be required to perform any services related to such action or

proceeding, including but not limited to transporting the incarcerated

individual 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 incarcerated individual is permitted in accordance with

any other law to proceed with the action or proceeding as a poor person

the expense of transporting the incarcerated individual to, or lodging

or guarding him or her 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 incarcerated individual has

been granted such permission and a recovery by judgment or by settlement

is had in his or her favor, the court may direct him or her to pay out

of the recovery all or part of any sum expended by the state.