Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 18, 2011 |
referred to judiciary |
Senate Bill S2265
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S2265 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §234, Dom Rel L; amd §6501, CPLR
- Versions Introduced in 2009-2010 Legislative Session:
-
S450
2011-S2265 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2265 TITLE OF BILL: An act to amend the domestic relations law and the civil practice law and rules, in relation to a notice of pendency in certain matrimonial cases SUMMARY: This bill would amend section 234 of the Domestic Relations Law and add a new undesignated paragraph to subdivision (a) of Rule 6501 of the Civil Practice Law and Rules to provide that notices of pendency in matrimonial actions shall be filed in all instances when the complaint or answer alleges a claim for equitable distribution. JUSTIFICATION: Discrepancies presently exist in the different Judicial Departments regarding the acceptance of notices of pendency for filing matrimonial actions. In those areas where notices of pendency are not accepted for filing in matrimonial actions, the non-title holding spouse must take additional steps, such as seeking an injunction restraining the conveyance of marital property. This bill would make these additional and burdensome steps unnecessary, and would make the practice of accepting notices of pendency for
2011-S2265 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2265 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the domestic relations law and the civil practice law and rules, in relation to a notice of pendency in certain matrimonial cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 234 of the domestic relations law, as amended by chapter 685 of the laws of 1963, is amended to read as follows: S 234. Title to or occupancy and possession of property. In any action for divorce, for a separation, for an annulment or to declare the nullity of a void marriage, the court may (1) determine any question as to the title to property arising between the parties, and (2) make such direction, between the parties, concerning the possession of property, as in the court's discretion justice requires having regard to the circumstances of the case and of the respective parties. Such direction may be made in the final judgment, or by one or more orders from time to time before or subsequent to final judgment, or by both such order or orders and final judgment. Where the title to real property is affected, a copy of such judgment, order or decree, duly certified by the clerk of the court wherein said [judgement] JUDGMENT was rendered, shall be recorded in the office of the recording officer of the county in which such property is situated, as provided by section two hundred ninety-seven-b of the real property law. A NOTICE OF PENDENCY SHALL BE ACCEPTED BY THE CLERK OF THE COURT WHEN OFFERED FOR FILING IN A MATRIMO- NIAL ACTION WHEN THE COMPLAINT OR ANSWER ALLEGES A PRAYER FOR EQUITABLE DISTRIBUTION. S 2. Section 6501 of the civil practice law and rules, as amended by chapter 657 of the laws of 1993, is amended to read as follows: S 6501. Notice of pendency; constructive notice. A notice of penden- cy may be filed in any action in a court of the state or of the United EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07247-01-1
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