N.Y. Defense Emergency Act 1951 784/51 § 116: Renewal of licenses of members of armed forces

§ 116. Renewal of licenses of members of armed forces. 1. As used in

this section the following terms shall mean and include:

a. "Military service." Service as a member of the armed forces of the

United States.

b. "Licensee." The holder of a license.

c. "License." An original certificate or other document first issued

to a licensee entitling him to practice the profession or engage in the

business, work or activity specified therein.

d. "Renewal license." Any renewal or reissuance of a license or any

certificate of annual or periodic registration or re-registration of a

licensee required by or pursuant to law to permit him lawfully to

continue to practice the profession or engage in the business, work or

activity specified in the license.

e. "Expired." Normal expiration, or annulment, suspension or

revocation solely because of failure of a licensee to apply for a

renewal license within the time prescribed therefor.

2. Any person who was in military service on or after June

twenty-fifth, nineteen hundred fifty, or who thereafter shall have

entered military service, and who at the time of entry into such service

is a licensee, may, within three months after the termination of such

military service by honorable discharge or by release from such service

under honorable circumstances, apply for and be entitled to a renewal

license without any examination, re-examination, fine or penalty which

would not have been required or imposed if timely application for such

renewal license had been made. The officer, board or department

empowered by law to issue such renewal license is hereby authorized to

issue the same without examination, re-examination or the exaction of

any fine or penalty. The issuance of such renewal license shall in all

other respects be subject to the provisions of law relating thereto.

3. Notwithstanding any other provision of law, a license to drive,

issued pursuant to the provisions of article nineteen of the vehicle and

traffic law, which would expire prior to either of the dates set forth

in this subdivision, of any person who was in military service on or

after June twenty-fifth, nineteen hundred fifty, or who thereafter shall

have entered military service, shall expire six months from either the

expiration date of this act or the holder's separation from service,

whichever occurs first. Notwithstanding the provisions of this

subdivision, the commissioner of motor vehicles may refuse to renew the

expired driver's license of any person who has failed to notify the

commissioner of his entry into military service.