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Assembly Bill A9920

2017-2018 Legislative Session

Relates to venue in matrimonial actions

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Archive: Last Bill Status - In Assembly Committee

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2017-A9920 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R514, CPLR

2017-A9920 (ACTIVE) - Summary

Relates to venue in matrimonial actions.

2017-A9920 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9920
 
                           I N  A S S E M B L Y
 
                             February 23, 2018
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to amend the civil practice law and rules, in relation to venue
   in matrimonial actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil practice law and rules is amended by adding a new
 rule 514 to read as follows:
   RULE  514.  VENUE IN MATRIMONIAL ACTIONS. (A) THIS RULE APPLIES TO ALL
 ACTIONS WHEREIN ALL OR PART  OF  THE  RELIEF  GRANTED  IS  DIVORCE,  ALL
 ACTIONS BROUGHT IN SUPREME COURT FOR CUSTODY OR VISITATION, ALL APPLICA-
 TIONS  TO  MODIFY  A  SUPREME  COURT ORDER OF CUSTODY OR VISITATION, ALL
 ACTIONS WHEREIN ALL OR PART OF THE RELIEF GRANTED  IS  THE  DISSOLUTION,
 ANNULMENT  OR  DECLARATION OF THE NULLITY OF A MARRIAGE, ALL PROCEEDINGS
 TO OBTAIN A DISTRIBUTION OF MARITAL PROPERTY FOLLOWING A  FOREIGN  JUDG-
 MENT OF DIVORCE, AND ALL POST-JUDGMENT PROCEEDINGS FOLLOWING A JUDGEMENT
 OF DIVORCE.
   (B)  NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY IN THIS ARTICLE, THE
 PLACE OF TRIAL IN AN ACTION SUBJECT TO  SUBDIVISION  (A)  OF  THIS  RULE
 SHALL  BE  IN  A  COUNTY  IN WHICH EITHER PARTY RESIDES OR, IF THERE ARE
 MINOR CHILDREN OF THE MARRIAGE, IN THE COUNTY WHERE ONE OF  THE  PARTIES
 OR  A  CHILD  OR CHILDREN OF THE MARRIAGE RESIDES; EXCEPT THAT WHERE THE
 ADDRESS OF EITHER PARTY AND ANY CHILD OR CHILDREN ARE NOT  A  MATTER  OF
 PUBLIC  RECORD,  OR  WHERE  ANY  SUCH  ADDRESS IS SUBJECT TO AN EXISTING
 CONFIDENTIALITY ORDER PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF  THE
 DOMESTIC RELATIONS LAW OR SECTION ONE HUNDRED FIFTY-FOUR-B OF THE FAMILY
 COURT  ACT, THE PLACE OF TRIAL DESIGNATED BY THE PLAINTIFF IN ANY ACTION
 SPECIFIED IN SUBDIVISION (A) OF THIS RULE MAY BE AS SPECIFIED IN SECTION
 FIVE HUNDRED NINE OF THIS ARTICLE, EXCEPT FOR GOOD CAUSE SHOWN.
   (C) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION  FIVE  HUNDRED
 NINE  OR ELSEWHERE IN THIS ARTICLE, THE PLACE OF TRIAL DESIGNATED BY THE
 PLAINTIFF IN AN ACTION SPECIFIED IN SUBDIVISION (A) OF THIS  RULE  SHALL
 BE AS SPECIFIED IN SUBDIVISION (B) OF THIS RULE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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