N.Y. Military Law § 304: Proceedings to be stayed unless interest unaffected by military service

§ 304. Proceedings to be stayed unless interest unaffected by military

service. At any stage thereof, any action or proceeding in any court or

in any adjudicatory or licensing proceeding before any state agency,

including any public benefit corporation or public authority, or any

political subdivision of the state, in which a person in military

service is involved as a party, during the period of such service or

within sixty days thereafter may, in the discretion of the court or

adjudicatory or licensing agency before which it is pending, on its own

motion, and shall, on application to it by such person or some person on

his behalf, be stayed as provided in this act, unless, in the opinion of

the court or adjudicatory or licensing agency, the ability of plaintiff

to prosecute the action, or the defendant to conduct his defense, or in

any adjudicatory or licensing proceeding the ability of the party to

represent his interest, is not materially affected by reason of his

military service.