N.Y. Military Law § 323: Further relief

§ 323. Further relief. 1. A person may, at any time during his period

of military service or within six months thereafter, apply to a court

for relief in respect of any obligation or liability incurred by such

person prior to his period of military service or in respect of any tax

or assessment whether falling due prior to or during his period of

military service. The court, after appropriate notice and hearing,

unless in its opinion the ability of the applicant to comply with the

terms of such obligation or liability or to pay such tax or assessment

has not been materially affected by reason of his military service, may

grant the following relief:

(a) In the case of an obligation payable under its terms in

installments under a contract for the purchase of real estate, or

secured by a mortgage or other instrument in the nature of a mortgage

upon real estate, a stay of the enforcement of such obligation during

the applicant's period of military service and, from the date of

termination of such period of military service or from the date of

application if made after such service, for a period equal to the period

of the remaining life of the installment contract or other instrument

plus a period of time equal to the period of military service of the

applicant, or any part of such combined period, subject to payment of

the balance of principal and accumulated interest due and unpaid at the

date of termination of the period of military service or from the date

of application, as the case may be, in equal installments during such

combined period at such rate of interest on the unpaid balance as is

prescribed in such contract, or other instrument evidencing the

obligation, for installments paid when due, and subject to such other

terms as may be just.

(b) In the case of any other obligation, liability, tax, or

assessment, a stay of the enforcement thereof during the applicant's

period of military service and, from the date of termination of such

period of military service or from the date of application if made after

such service, for a period of time equal to the period of military

service of the applicant or any part of such period, subject to payment

of the balance of principal and accumulated interest due and unpaid at

the date of the termination of such period of military service or the

date of application, as the case may be, in equal periodic installments

during such extended period at such rate of interest as may be

prescribed for such obligation, liability, tax, or assessment, if paid

when due, and subject to such other terms as may be just.

2. When any court has granted a stay as provided in this section no

fine or penalty shall accrue during the period the terms and conditions

of such stay are complied with by reason of failure to comply with the

terms or conditions of the obligation, liability, tax, or assessment in

respect of which such stay was granted.