S T A T E O F N E W Y O R K
________________________________________________________________________
7517
2019-2020 Regular Sessions
I N A S S E M B L Y
May 8, 2019
___________
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. Section 509 of the civil practice law and rules, as amended
by chapter 773 of the laws of 1965, is amended to read as follows:
§ 509. Venue in county designated. Notwithstanding any provision of
this article EXCEPT FOR RULE 514, the place of trial of an action shall
be in the county designated by the plaintiff, unless the place of trial
is changed to another county by order upon motion, or by consent as
provided in subdivision (b) of rule 511 OF THIS ARTICLE.
§ 2. 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 JUDGMENT
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, THE PLACE OF TRIAL MAY ALSO BE IN THE
COUNTY WHERE ONE OF SUCH CHILDREN RESIDES; EXCEPT THAT WHERE ANY OF THE
ADDRESSES OF THESE RESIDENCES IS NOT A MATTER OF PUBLIC RECORD, OR WHERE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10156-01-9
A. 7517 2
ANY OF THESE ADDRESSES IS SUBJECT TO AN EXISTING CONFIDENTIALITY ORDER
PURSUANT TO SECTION 254 OF THE DOMESTIC RELATIONS LAW OR SECTION 154-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 SPECI-
FIED IN SECTION 509 OF THIS ARTICLE.
(C) IN ANY ACTION SPECIFIED IN SUBDIVISION (A) OF THIS RULE, THE COURT
MAY, FOR GOOD CAUSE SHOWN, ALLOW THE TRIAL TO PROCEED BEFORE IT,
NOTWITHSTANDING THAT VENUE WOULD NOT LIE PURSUANT TO SUBDIVISION (B) OF
THIS RULE. GOOD CAUSE APPLICATIONS SHALL BE MADE BY MOTION OR ORDER TO
SHOW CAUSE.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to matrimonial actions commenced on or
after such date.