Senate Bill S450

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

                                   450

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03821-01-9
              

S. 450                              2

  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
States  in which the judgment demanded would affect the title to, or the
possession, use or enjoyment of, real  property,  except  in  a  summary
proceeding  brought to recover the possession of real property AND SHALL
BE ACCEPTED BY THE CLERK OF THE COURT  WHEN  OFFERED  FOR  FILING  IN  A
MATRIMONIAL  ACTION  WHEN  THE  COMPLAINT OR ANSWER ALLEGES A PRAYER FOR
EQUITABLE DISTRIBUTION.  The pendency of such an action is  constructive
notice, from the time of filing of the notice only, to a purchaser from,
or  incumbrancer  against,  any  defendant named in a notice of pendency
indexed in a block index against a block in which property  affected  is
situated  or  any  defendant  against whose name a notice of pendency is
indexed.  A person whose conveyance or incumbrance is recorded after the
filing of the notice is bound by all proceedings  taken  in  the  action
after such filing to the same extent as a party.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.