§ 79 — Forfeiture of office and suspension of civil rights

§ 79. Forfeiture of office and suspension of civil rights. 1. Except\nas provided in subdivision two a sentence of imprisonment in a state\ncorrectional institution for any term less than for life or a sentence\nof imprisonment in a state correctional institution for an indeterminate\nterm, having a minimum of one day and a maximum of natural life,\nforfeits all the public offices, and suspends, during the term of the\nsentence, all the civil rights, and all private trusts, authority, or\npowers of, or held by, the person sentenced.\n 2. A sentence of imprisonment in a state correctional institution for\nany term less than for life or a sentence of imprisonment in a state\ncorrectional institution for an indeterminate term, having a minimum of\none day and a maximum of natural life shall not be deemed to suspend the\nright or capacity of any person so sentenced to commence and prosecute\nan action or proceeding in any court within this state or before a body\nor officer exercising judicial, quasi-judicial or administrative\nfunctions within this state; provided, however, that where at the time\nof the commencement and during the prosecution of such action or\nproceeding such person is an incarcerated individual of a state\ncorrectional institution, he or she shall not appear at any place other\nthan within the institution for any purpose related to such action or\nproceeding unless upon a subpoena issued by the court before whom such\naction or proceeding is pending or, where such action or proceeding is\npending before a body or officer, before a judge to whom a petition for\nhabeas corpus could be made under subdivision (b) of section seven\nthousand two of the civil practice law and rules upon motion of any\nparty and upon a determination that such person's appearance is\nessential to the proper and just disposition of the action or\nproceeding. Unless the court orders otherwise, a motion for such\nsubpoena shall be made on at least two days' notice to the commissioner\nof corrections and community supervision.\n 3. (a) Except as provided in paragraph (b) of this subdivision, the\nstate shall not be liable for any expense of or related to any such\naction or proceeding, including but not limited to the expense of or\nrelated to transporting the incarcerated individual to, or lodging or\nguarding him or her at any place other than in a state correctional\ninstitution. The department of corrections and community supervision\nshall not be required to perform any services related to such action or\nproceeding, including but not limited to transporting the incarcerated\nindividual to or lodging or guarding him at any place other than a state\ncorrectional institution unless and until the department has received\npayment for such services.\n (b) Where the incarcerated individual is permitted in accordance with\nany other law to proceed with the action or proceeding as a poor person\nthe expense of transporting the incarcerated individual to, or lodging\nor guarding him or her at any place other than in a state correctional\ninstitution or any other expense relating thereto shall be a state\ncharge; provided, however, that where an incarcerated individual has\nbeen granted such permission and a recovery by judgment or by settlement\nis had in his or her favor, the court may direct him or her to pay out\nof the recovery all or part of any sum expended by the state.\n