Assembly Bill A9647

2019-2020 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A9647 (ACTIVE) - Details

See Senate Version of this Bill:
S2753
Current Committee:
Assembly Ways And Means
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
2017-2018: A5363, S8626
2021-2022: S5844
2023-2024: S2880

2019-A9647 (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.

2019-A9647 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9647
 
                           I N  A S S E M B L Y
 
                             January 30, 2020
                                ___________
 
 Introduced by M. of A. TAYLOR -- 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.
                                                            LBD07727-01-9

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