Senate Bill S473

2023-2024 Legislative Session

Relates to filing in surrogate's court

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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-S473 (ACTIVE) - Details

See Assembly Version of this Bill:
A3202
Current Committee:
Senate Rules
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §2611, SCPA
Versions Introduced in Other Legislative Sessions:
2019-2020: S9080
2021-2022: S2110, A10051

2023-S473 (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-S473 (ACTIVE) - Sponsor Memo

2023-S473 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    473
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed 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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