| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| May 19, 2022 | print number 10051a |
| May 19, 2022 | amend and recommit to judiciary |
| Apr 29, 2022 | referred to judiciary |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Bill Amendments
A10051 - Details
A10051 - 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.
A10051 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10051
I N A S S E M B L Y
April 29, 2022
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Judiciary
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.
A10051A (ACTIVE) - Details
A10051A (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.
A10051A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10051--A
I N A S S E M B L Y
April 29, 2022
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Judiciary -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
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 2102 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.