Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 19, 2025 |
referred to judiciary |
Senate Bill S8175
2025-2026 Legislative Session
Sponsored By
(D) 32nd Senate District
Current Bill Status - In Senate Committee Judiciary 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
Actions
2025-S8175 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8408
- Current Committee:
- Senate Judiciary
- Law Section:
- Surrogate's Court Procedure Act
- Laws Affected:
- Amd §§307, 308 & 309, SCPA
- Versions Introduced in 2023-2024 Legislative Session:
-
S9783
2025-S8175 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8175 SPONSOR: SEPULVEDA TITLE OF BILL: An act to amend the surrogate's court procedure act, in relation to allowing certain methods for service of process 2. SOURCE OF BILL This bill is being introduced at the request of the Unified Court System, on the recommendation of the Chief Administrative Judge's Surro- gate's Court Advisory Committee. 3. PURPOSE OF BILL This bill would simplify and modernize service of process requirements for Surrogate's Court proceedings. 4. SUMMARY OF PROVISIONS
2025-S8175 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8175 2025-2026 Regular Sessions I N S E N A T E May 19, 2025 ___________ Introduced by Sen. SEPULVEDA -- (at request of the Unified Court System) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the surrogate's court procedure act, in relation to allowing certain methods for service of process THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1, 2 and 3 of section 307 of the surrogate's court procedure act, as amended by chapter 355 of the laws of 2000, and subparagraph (ii) of paragraph (a) and paragraph (e) of subdivision 3 as amended by chapter 669 of the laws of 2022, are amended to read as follows: 1. Service by personal delivery. Service of the process may be made on any person by personal delivery [to him] of a copy of the process either within or without the state. 2. Service by registered or certified mail, [return receipt requested,] or by special mail service[, upon non-domiciliaries]. Service of the process may be made by registered or certified mail, [return receipt requested,] or by special mail service, [upon non-domi- ciliaries, whether or not they be natural persons] WITHIN OR WITHOUT THE STATE. 3. Service by court order. As an alternative to service under subdivi- sions 1 and 2, service may be made in the manner directed by the court; but such service, except as provided by subdivision 6, shall not be ordered upon a domiciliary natural person unless it be shown that, with due diligence, service [by personal delivery within the state] UNDER SUBDIVISION 1 OR 2 cannot be effected, or where for good cause shown, [personal service within the state] SUCH SERVICE would be impracticable. Any proof necessary hereunder may be submitted in the petition or by affidavit. The court may take into account the size of the estate and the remoteness of kinship of any person to be cited in determining the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09845-01-5
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