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This entry was published on 2014-09-22
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SECTION 254
Confidentiality
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 254. Confidentiality. 1. Notwithstanding any other provision of
law, in any proceeding for custody, divorce, separation or annulment,
whether or not an order of protection or temporary order of protection
is sought or has been sought in the past, the court may, upon its own
motion or upon the motion of any party or the attorney for the child,
authorize any party or the child to keep his or her address confidential
from any adverse party or the child, as appropriate, in any pleadings or
other papers submitted to the court, where the court finds that the
disclosure of the address or other identifying information would pose an
unreasonable risk to the health or safety of a party or the child.
Pending such a finding, any address or other identifying information of
the child or party seeking confidentiality shall be safeguarded and
sealed in order to prevent its inadvertent or unauthorized use or
disclosure.

2. Notwithstanding any other provision of law, if a party or a child
has resided or resides in a residential program for victims of domestic
violence as defined in section four hundred fifty-nine-a of the social
services law, the present address of the party and the child and the
address of the residential program for victims of domestic violence
shall not be revealed.

3. Upon authorization as provided in subdivision one of this section,
the identifying information shall be sealed and shall not be disclosed
in any pleading or other document filed in a proceeding under this
article. The court shall designate the clerk of the court or such other
disinterested person as it deems appropriate, with consent of such
disinterested person, as the agent for service of process for the party
whose address is to remain confidential and shall notify the adverse
party of such designation in writing. The clerk or disinterested person
designated by the court shall, when served with process or other papers
on behalf of the party whose address is to remain confidential, promptly
notify such party whose address is to remain confidential and forward
such process or papers to him or her.

4. In any case in which such a confidentiality authorization is made,
the party whose address is to remain confidential shall inform the clerk
of the court or disinterested person designated by the court of any
change in address for purposes of receipt of service or process or any
papers.