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Assembly Bill A5363

2017-2018 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 Judiciary Committee

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2017-A5363 (ACTIVE) - Details

See Senate Version of this Bill:
S8626
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §8020, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A5363
2011-2012: A3486
2013-2014: A1928
2015-2016: A3221
2019-2020: A6074, A9647, S2753
2021-2022: S5844
2023-2024: S2880
2025-2026: S4337

2017-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.

2017-A5363 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5363
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced  by  M.  of  A. TITUS, NOLAN -- 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02637-01-7

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