Legislation
SECTION 235
Information as to details of matrimonial actions or proceedings
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 235. Information as to details of matrimonial actions or
proceedings. 1. An officer of the court with whom the proceedings in a
matrimonial action or a written agreement of separation or an action or
proceeding for custody, visitation or maintenance of a child are filed,
or before whom the testimony is taken, or his clerk, either before or
after the termination of the suit, shall not permit a copy of any of the
pleadings, affidavits, findings of fact, conclusions of law, judgment of
dissolution, written agreement of separation or memorandum thereof, or
testimony, or any examination or perusal thereof, to be taken by any
other person than a party, or the attorney or counsel of a party, except
by order of the court.
2. If the evidence on the trial of such an action or proceeding be
such that public interest requires that the examination of the witnesses
should not be public, the court or referee may exclude all persons from
the room except the parties to the action and their counsel, and in such
case may order the evidence, when filed with the clerk, sealed up, to be
exhibited only to the parties to the action or proceeding or someone
interested, on order of the court.
3. Upon the application of any person to the county clerk or other
officer in charge of public records within a county for evidence of the
disposition, judgment or order with respect to a matrimonial action, the
clerk or other such officer shall issue a "certificate of disposition",
duly certifying the nature and effect of such disposition, judgment or
order and shall in no manner evidence the subject matter of the
pleadings, testimony, findings of fact, conclusions of law or judgment
of dissolution derived in any such action.
4. Any county, city, town or village clerk or other municipal official
issuing marriage licenses shall be required to accept, as evidence of
dissolution of marriage, such "certificate of disposition" in lieu of a
complete copy of the findings of fact, conclusions of law and judgment
of dissolution.
5. The limitations of subdivisions one, two and three of this section
in relation to confidentiality shall cease to apply one hundred years
after date of filing, and such records shall thereupon be public records
available to public inspection.
proceedings. 1. An officer of the court with whom the proceedings in a
matrimonial action or a written agreement of separation or an action or
proceeding for custody, visitation or maintenance of a child are filed,
or before whom the testimony is taken, or his clerk, either before or
after the termination of the suit, shall not permit a copy of any of the
pleadings, affidavits, findings of fact, conclusions of law, judgment of
dissolution, written agreement of separation or memorandum thereof, or
testimony, or any examination or perusal thereof, to be taken by any
other person than a party, or the attorney or counsel of a party, except
by order of the court.
2. If the evidence on the trial of such an action or proceeding be
such that public interest requires that the examination of the witnesses
should not be public, the court or referee may exclude all persons from
the room except the parties to the action and their counsel, and in such
case may order the evidence, when filed with the clerk, sealed up, to be
exhibited only to the parties to the action or proceeding or someone
interested, on order of the court.
3. Upon the application of any person to the county clerk or other
officer in charge of public records within a county for evidence of the
disposition, judgment or order with respect to a matrimonial action, the
clerk or other such officer shall issue a "certificate of disposition",
duly certifying the nature and effect of such disposition, judgment or
order and shall in no manner evidence the subject matter of the
pleadings, testimony, findings of fact, conclusions of law or judgment
of dissolution derived in any such action.
4. Any county, city, town or village clerk or other municipal official
issuing marriage licenses shall be required to accept, as evidence of
dissolution of marriage, such "certificate of disposition" in lieu of a
complete copy of the findings of fact, conclusions of law and judgment
of dissolution.
5. The limitations of subdivisions one, two and three of this section
in relation to confidentiality shall cease to apply one hundred years
after date of filing, and such records shall thereupon be public records
available to public inspection.