N.Y. Military Law § 302: Stay, et cetera, to persons secondarily liable

§ 302. Stay, et cetera, to persons secondarily liable. 1. Whenever,

pursuant to any of the provisions of this article, the enforcement of

any obligation or liability, the prosecution of any suit or proceeding,

the entry or enforcement of any order, writ, judgment or decree, or the

performance of any act, may be stayed, postponed or suspended, such

stay, postponement or suspension may, in the discretion of the court,

likewise be granted to sureties, guarantors, endorsers and others

subject to the obligation or liability, the performance or enforcement

of which is stayed, postponed or suspended.

2. When a judgment or decree is vacated or set aside, in whole or in

part, as provided in this article, the same may, in the discretion of

the court, likewise be set aside and vacated as to any surety,

guarantor, endorsers, accommodation maker or other person whether

primarily or secondarily liable upon the contract or liability for the

enforcement of which the judgment or decree was entered.

3. Nothing contained in this article shall prevent a waiver in writing

of the benefits afforded by subdivisions one and two of this section by

any surety, guarantor, endorser, accommodation maker, or other person

whether primarily or secondarily liable upon the obligation or liability

except that after the date of enactment of this subdivision no such

waiver shall be valid unless it is executed as an instrument separate

from the obligation or liability in respect of which it applies, and no

such waiver shall be valid after the beginning of the period of military

service if executed by an individual who, subsequent to the execution of

such waiver becomes a person in military service.