Assembly Bill A10351

2023-2024 Legislative Session

Relates to the waiver of certain court costs, fees, and expenses for persons of insufficient means

download bill text pdf

Sponsored By

Current Bill Status Via S9452 - Passed Assembly


  • 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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2023-A10351 (ACTIVE) - Details

See Senate Version of this Bill:
S9452
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd Art 11 Art Head, §§1101, 1102 & 1103, CPLR; amd §380.55, CP L

2023-A10351 (ACTIVE) - Summary

Relates to the waiver of costs, fees, and expenses for persons of insufficient means; removes the phrase "poor persons" from article 11 of the civil practice law and rules and the criminal procedure law.

2023-A10351 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10351
 
                           I N  A S S E M B L Y
 
                               May 18, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cook) -- (at
   request  of  the  Office  of  Court  Administration)  -- read once and
   referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules and the criminal proce-
   dure law, in relation to the waiver of costs, fees, and  expenses  for
   persons  of  insufficient  means  and  to eliminating the phrase "poor
   person"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 11 of the civil practice law
 and rules is amended to read as follows:
             [POOR PERSONS] WAIVER OF COSTS, FEES, AND EXPENSES
 
   §  2.  The  section heading and subdivision (a) of section 1101 of the
 civil practice law and rules, as amended by chapter 216 of the  laws  of
 1992, are amended to read as follows:
   Motion  [for  permission  to proceed as a poor person] TO WAIVE COSTS,
 FEES, AND  EXPENSES;  affidavit  OR  AFFIRMATION;  certificate;  notice;
 [waiver  of  fee;]  when  motion  not required. (a) Motion; affidavit OR
 AFFIRMATION.  Upon motion of any [person] PARTY, the court in  which  an
 action  is triable, or to which an appeal has been or will be taken, may
 [grant permission] WAIVE THE COSTS, FEES, AND EXPENSES IF SUCH PARTY HAS
 INSUFFICIENT MEANS to [proceed as a poor person] PAY SUCH  COSTS,  FEES,
 AND  EXPENSES.   Where a motion [for leave] to [appeal as a poor person]
 WAIVE COSTS, FEES, AND EXPENSES is [brought to] MADE  IN  the  court  in
 which  an  appeal  has been or will be taken, such court shall hear such
 motion on the merits and shall not remand such motion to the trial court
 for consideration. The moving party shall file an affidavit OR  AFFIRMA-
 TION  setting  forth the amount and sources of [his or her] SUCH PARTY'S
 income AND ASSETS and listing [his or her] ANY REAL  property  OWNED  BY
 SUCH  PARTY  with its value; that [he or she is unable] SUCH PARTY LACKS
 SUFFICIENT MEANS to pay the costs, fees, and expenses necessary to pros-
 ecute or defend the action or to maintain or respond to the appeal;  the
 nature  of  the  action;  sufficient  facts  so  that  the  merit of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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