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BILL NUMBER:S7573
TITLE OF BILL:
An act
to amend
the civil practice law and rules, in relation to service by
publication
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her
Advisory Committee on Civil Practice.
This measure would amend the publication statute in CPLR 316(a), which
requires service of a summons by publication in the form of
publication most likely to give notice to the defendant. Our Advisory
Committee has been advised that publication in a matrimonial action
in one newspaper in the English language, which now is the rule in
New York, does not provide notice to a defendant in many matrimonial
cases in the State - particularly in those counties having a large
volume of uncontested divorces - or in those cases where more
consideration should be given to language issues.
In short, existing publication law with respect to matrimonial cases
limits courts unnecessarily when ordering service by publication.
Therefore, our Committee recommends elimination of the restriction
for publication in one newspaper in the English language. This would
S T A T E O F N E W Y O R K
________________________________________________________________________
7573
I N S E N A T E
June 5, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of the Office of Court
Administration) -- read twice and ordered printed, and when printed to
be committed to the Committee on Rules
AN ACT to amend the civil practice law and rules, in relation to service
by publication
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions (a) and (c) of rule 316 of the civil practice
law and rules, subdivision (a) as amended by chapter 528 of the laws of
1978 and subdivision (c) as amended by chapter 191 of the laws of 1979,
are amended to read as follows:
(a) Contents of order; form of publication; filing. An order for
service of a summons by publication shall direct that the summons be
published together with the notice to the defendant, a brief statement
of the nature of the action and the relief sought, and, except in an
action for medical malpractice, the sum of money for which judgment may
be taken in case of default and, if the action is brought to recover a
judgment affecting the title to, or the possession, use or enjoyment of,
real property, a brief description of the property, in two newspapers,
at least one in the English language, designated in the order as most
likely to give notice to the person to be served, for a specified time,
at least once in each of four successive weeks, except that in the
matrimonial action publication in one newspaper [in the English
language,] designated in the order as most likely to give notice to the
person to be served, at least once in each of three successive weeks
shall be sufficient. The summons, complaint, or summons and notice in an
action for divorce or separation, order and papers on which the order
was based shall be filed on or before the first day of publication.
(c) Time of publication; when service complete. The first publication
of the summons shall be made within thirty days after the order is
[granted] ENTERED. Service by publication is complete on the twenty-
eighth day after the day of first publication, except that in a matrimo-
nial action it is complete on the twenty-first day after the day of
first publication.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
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