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Assembly Bill A5363

2009-2010 Legislative Session

Exempts certain guardianship motions filed under article 81 of the mental hygiene law from the filing fee required to be paid to the county clerk

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-A5363 (ACTIVE) - Details

See Senate Version of this Bill:
S5651
Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง8020, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A3486
2013-2014: A1928
2015-2016: A3221
2017-2018: A5363
2019-2020: A6074, A9647

2009-A5363 (ACTIVE) - Summary

Exempts guardianship motions filed under article 81 of the mental hygiene law by a fiduciary, court evaluator, guardian ad litem, court appointed attorney or by the court examiner from the required filing fee.

2009-A5363 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5363

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced by M. of A. TITUS, CARROZZA -- Multi-Sponsored by -- M. of A.
  CLARK,  NOLAN,  PHEFFER  -- read once and referred to the Committee on
  Judiciary

AN ACT to amend the civil practice law and rules, in relation to certain
  fees payable to the county clerk

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision (a) of section 8020 of the civil practice law
and rules, as amended by section 25 of part J of chapter 62 of the  laws
of 2003, is amended to read as follows:
  (a)  Placing  cause on calendar. For placing a cause on a calendar for
trial or inquest, one hundred twenty-five dollars in the  supreme  court
and  county court; except that where rules of the chief administrator of
the courts require that a request for judicial intervention be  made  in
an  action  pending  in  supreme court or county court, the county clerk
shall be entitled to a fee of  ninety-five  dollars,  payable  before  a
judge  may  be  assigned  pursuant  to such request, and thereafter, for
placing such a cause on a calendar for  trial  or  inquest,  the  county
clerk  shall  be entitled to an additional fee of thirty dollars, and no
other fee may be charged thereafter pursuant to this subdivision; except
that the county clerk shall be entitled to a fee of  forty-five  dollars
upon  the filing of each motion or cross motion in such action. However,
no fee shall be imposed;
  1. for a motion which seeks leave to proceed as a poor person pursuant
to subdivision (a) of section eleven hundred one of this chapter; OR
  2. FOR A MOTION FILED BY THE FIDUCIARY, COURT EVALUATOR,  GUARDIAN  AD
LITEM,  COURT-APPOINTED ATTORNEY OR BY THE COURT EXAMINER IN ANY GUARDI-
ANSHIP MATTER UNDER ARTICLE EIGHTY-ONE OF THE MENTAL HYGIENE LAW.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04449-01-9

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