Assembly Bill A3202

2023-2024 Legislative Session

Relates to filing in surrogate's court

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

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2023-A3202 (ACTIVE) - Details

See Senate Version of this Bill:
S473
Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §2611, SCPA
Versions Introduced in Other Legislative Sessions:
2019-2020: S9080
2021-2022: A10051, S2110

2023-A3202 (ACTIVE) - Summary

Provides that a surrogate court clerk or chief clerk shall refuse to accept for filing papers filed in a proceeding only under certain circumstances or as designated in statute, administrative rule or order of the court; provides such reasons; requires the payment of any applicable statutory fees, or an order of the court waiving payment of such fees, before accepting a paper for filing; makes related provisions.

2023-A3202 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3202
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
   court filing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2611 of the  surrogate's  court  procedure  act  is
 amended by adding a new subdivision 4 to read as follows:
   4.  (A)  IN  ACCORDANCE  WITH  PARAGRAPH (C) OF RULE 2102 OF THE CIVIL
 PRACTICE LAW AND RULES, A SURROGATE COURT CLERK  OR  CHIEF  CLERK  SHALL
 REFUSE  TO ACCEPT FOR FILING PAPERS FILED IN A PROCEEDING ONLY UNDER THE
 FOLLOWING CIRCUMSTANCES OR AS DESIGNATED IN STATUTE, ADMINISTRATIVE RULE
 OR ORDER OF THE COURT;
   (I) THE PAPER DOES NOT HAVE A FILE NUMBER;
   (II) THE PETITION, DECREE OR ORDER SOUGHT TO BE FILED WITH  THE  COURT
 CONTAINS THE WORDS "ET AL" OR OTHERWISE DOES NOT CONTAIN A FULL CAPTION;
   (III)  THE  PAPER  SOUGHT  TO  BE FILED WITH THE CLERK IS FILED IN THE
 WRONG COURT;
   (IV) THE PAPER IS NOT SIGNED IN ACCORDANCE WITH SECTION  130-1.1-A  OF
 THE RULES OF THE CHIEF ADMINISTRATOR; OR
   (V)  THE  PAPER SOUGHT TO BE FILED IS IN A PROCEEDING SUBJECT TO ELEC-
 TRONIC FILING PURSUANT TO THE RULES OF THE CHIEF  ADMINISTRATOR  BUT  IS
 NOT BEING FILED ELECTRONICALLY, AND EITHER
   (A) IS NOT BEING FILED BY AN UNREPRESENTED LITIGANT; OR
   (B) DOES NOT INCLUDE THE NOTICE REQUIRED BY PARAGRAPH 1 OF SUBDIVISION
 D OF SECTION 202.5-B OF SUCH RULES.
   (B) THE CHIEF CLERK SHALL REQUIRE THE PAYMENT OF ANY APPLICABLE STATU-
 TORY FEES, OR AN ORDER OF THE COURT WAIVING PAYMENT OF SUCH FEES, BEFORE
 ACCEPTING A PAPER FOR FILING.
   (C)  A  CLERK  OR  CHIEF CLERK OF THE COURT SHALL SIGNIFY A REFUSAL TO
 ACCEPT A PAPER BY USE OF A STAMP ON THE PAPER INDICATING THE DATE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01592-01-3

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