|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Nov 04, 2020||referred to rules|
senate Bill S9080
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S9080 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Surrogate's Court Procedure Act
- Laws Affected:
- Amd §2611, SCPA
- Versions Introduced in Other Legislative Sessions:
S9080 (ACTIVE) - Summary
Provides that a surrogate court clerk or chief clerk shall refuse to accept for filing papers filed in a proceeding only under certain circumstances or as designated in statute, administrative rule or order of the court; provides such reasons; requires the payment of any applicable statutory fees, or an order of the court waiving payment of such fees, before accepting a paper for filing; makes related provisions.
S9080 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9080 SPONSOR: SEPULVEDA TITLE OF BILL: An act to amend the surrogate's court procedure act, in relation to court filing PURPOSE OR GENERAL IDEA OF BILL: The bill specifies grounds for a clerk to refuse to accept a filing SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new paragraph 4 to SCPA 2611. Section 2 is the effective date. JUSTIFICATION:
S9080 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9080 I N S E N A T E November 4, 2020 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the surrogate's court procedure act, in relation to court filing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2611 of the surrogate's court procedure act is amended by adding a new subdivision 4 to read as follows: 4. (A) IN ACCORDANCE WITH PARAGRAPH (C) OF RULE 2101 OF THE CIVIL PRACTICE LAW AND RULES, A SURROGATE COURT CLERK OR CHIEF CLERK SHALL REFUSE TO ACCEPT FOR FILING PAPERS FILED IN A PROCEEDING ONLY UNDER THE FOLLOWING CIRCUMSTANCES OR AS DESIGNATED IN STATUTE, ADMINISTRATIVE RULE OR ORDER OF THE COURT; (I) THE PAPER DOES NOT HAVE A FILE NUMBER; (II) THE PETITION, DECREE OR ORDER SOUGHT TO BE FILED WITH THE COURT CONTAINS THE WORDS "ET AL" OR OTHERWISE DOES NOT CONTAIN A FULL CAPTION; (III) THE PAPER SOUGHT TO BE FILED WITH THE CLERK IS FILED IN THE WRONG COURT; (IV) THE PAPER IS NOT SIGNED IN ACCORDANCE WITH SECTION 130-1.1-A OF THE RULES OF THE CHIEF ADMINISTRATOR; OR (V) THE PAPER SOUGHT TO BE FILED IS IN A PROCEEDING SUBJECT TO ELEC- TRONIC FILING PURSUANT TO THE RULES OF THE CHIEF ADMINISTRATOR BUT IS NOT BEING FILED ELECTRONICALLY, AND EITHER (A) IS NOT BEING FILED BY AN UNREPRESENTED LITIGANT; OR (B) DOES NOT INCLUDE THE NOTICE REQUIRED BY PARAGRAPH 1 OF SUBDIVISION D OF SECTION 202.5-B OF SUCH RULES. (B) THE CHIEF CLERK SHALL REQUIRE THE PAYMENT OF ANY APPLICABLE STATU- TORY FEES, OR AN ORDER OF THE COURT WAIVING PAYMENT OF SUCH FEES, BEFORE ACCEPTING A PAPER FOR FILING. (C) A CLERK OR CHIEF CLERK OF THE COURT SHALL SIGNIFY A REFUSAL TO ACCEPT A PAPER BY USE OF A STAMP ON THE PAPER INDICATING THE DATE OF THE REFUSAL AND SHALL EXPLAIN IN WRITING ON THE PAPER THE REASON FOR THE REFUSAL. (D) ANY EX PARTE APPLICATION REQUESTING AN ORDER OF THE SURROGATE SHALL BE ENTERTAINED OR PASSED UPON WITHIN TWO DAYS OF ITS FILING. § 2. This act shall take effect immediately.
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