Senate Bill S262

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    262
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the estates, powers and trusts law and  the  surrogate's
   court  procedure  act,  in  relation  to  making technical corrections
   related to marriage equality
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subparagraphs 6 and 7 of paragraph (a) of section 4-1.1 of
 the estates, powers and trusts law, as amended by  chapter  595  of  the
 laws of 1992, are amended to read as follows:
   (6)  One or more grandparents or the issue of grandparents (as herein-
 after defined), and no spouse, issue, parent or issue of  parents,  one-
 half  to  the  surviving  [paternal]  grandparent or grandparents OF ONE
 PARENTAL SIDE, or if neither of them survives  the  decedent,  to  their
 issue,  by  representation,  and  the  other  one-half  to the surviving
 [maternal] grandparent or grandparents OF THE OTHER PARENTAL SIDE, or if
 neither of them survives the decedent,  to  their  issue,  by  represen-
 tation;  provided that if the decedent was not survived by a grandparent
 or grandparents on one side or by the issue of  such  grandparents,  the
 whole to the surviving grandparent or grandparents on the other side, or
 if  neither  of them survives the decedent, to their issue, by represen-
 tation, in the same manner as the one-half. For  the  purposes  of  this
 subparagraph,  issue of grandparents shall not include issue more remote
 than grandchildren of such grandparents.
   (7) Great-grandchildren of grandparents, and no spouse, issue, parent,
 issue of parents, grandparent, children of grandparents or grandchildren
 of grandparents, one-half to the great-grandchildren of  the  [paternal]
 grandparents OF ONE PARENTAL SIDE, per capita, and the other one-half to
 the  great-grandchildren  of  the  [maternal]  grandparents OF THE OTHER
 PARENTAL SIDE, per  capita;  provided  that  if  the  decedent  was  not
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04185-01-7

 S. 262                              2
 
 survived  by  great-grandchildren of grandparents on one side, the whole
 to the great-grandchildren of grandparents on the  other  side,  in  the
 same manner as the one-half.
   §  2. Paragraph (d) of section 6-2.2 of the estates, powers and trusts
 law, as amended by chapter 480 of the laws of 1995, is amended  to  read
 as follows:
   (d) A disposition of real property, or a disposition on or after Janu-
 ary first, nineteen hundred ninety-six of the shares of stock of a coop-
 erative apartment corporation allocated to an apartment or unit together
 with  the  appurtenant proprietary lease, to persons who are not legally
 married to one another but who  are  described  in  the  disposition  as
 husband  and  wife,  SPOUSES, HUSBANDS, OR WIVES creates in them a joint
 tenancy, unless expressly declared to be a tenancy in common.
   § 3. Paragraph (d) of subdivision 1 of section 1001 of the surrogate's
 court procedure act, as amended by chapter 595 of the laws of  1992,  is
 amended to read as follows:
   (d) [the father or mother] EITHER PARENT,
   § 4. Paragraph (c) of subdivision 3 of section 1310 of the surrogate's
 court  procedure  act, as amended by chapter 514 of the laws of 1993, is
 amended to read as follows:
   (c) [the father or mother] EITHER PARENT,
   § 5. Subdivision 2 of section 1704 of the surrogate's court  procedure
 act,  as  amended by chapter 404 of the laws of 2008, is amended to read
 as follows:
   2. The names of the [father and the mother] PARENTS whose  consent  to
 the adoption of a child would have been required pursuant to section one
 hundred  eleven  of  the  domestic  relations law or who was entitled to
 notice of  an  adoption  proceeding  pursuant  to  section  one  hundred
 eleven-a  of  the  domestic  relations  law, and whether or not they are
 living or have had their parental rights terminated pursuant to  section
 three  hundred  eighty-three-c,  section  three  hundred  eighty-four or
 section three hundred  eighty-four-b  of  the  social  services  law  or
 section  six  hundred thirty-one of the family court act, and if living,
 their domiciles, the name and address of the person with whom the infant
 resides and the names and addresses of the nearest distributees of  full
 age who are domiciliaries, if both [father and mother] PARENTS are dead.
   §  6. Subdivision 3 of section 1752 of the surrogate's court procedure
 act, as amended by chapter 198 of the laws of 2016, is amended  to  read
 as follows:
   3.  the  names  of  the  [father, the mother] PARENTS, children, adult
 siblings if eighteen years of age or older, the spouse and primary  care
 physician  if  other  than  a physician having submitted a certification
 with the petition, if any, of the person who is intellectually  disabled
 or  a person who is developmentally disabled and whether or not they are
 living, and if living, their addresses and the names  and  addresses  of
 the  nearest  distributees  of  full  age who are domiciliaries, if both
 parents are dead;
   § 7. This act shall take effect immediately.