New York Consolidated Laws, Military Law - MIL § 306. Actions against persons in service

In any action or proceeding commenced 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, against a person in military service:   1 before or during the period of such service, or within sixty days thereafter, the court or adjudicatory or licensing agency may, in its discretion, on its own motion, or on application to it by such person or some person on his behalf shall, unless in the opinion of the court or adjudicatory or licensing agency the ability of the party to comply with the judgment or order entered or sought is not materially affected by reason of his military service: