Bill Text: NY A03202 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to judiciary [A03202 Detail]

Download: New_York-2023-A03202-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3202

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        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:

     1    Section 1. Section 2611 of the  surrogate's  court  procedure  act  is
     2  amended by adding a new subdivision 4 to read as follows:
     3    4.  (a)  In  accordance  with  paragraph (c) of rule 2102 of the civil
     4  practice law and rules, a surrogate court clerk  or  chief  clerk  shall
     5  refuse  to accept for filing papers filed in a proceeding only under the
     6  following circumstances or as designated in statute, administrative rule
     7  or order of the court;
     8    (i) the paper does not have a file number;
     9    (ii) the petition, decree or order sought to be filed with  the  court
    10  contains the words "et al" or otherwise does not contain a full caption;
    11    (iii)  the  paper  sought  to  be filed with the clerk is filed in the
    12  wrong court;
    13    (iv) the paper is not signed in accordance with section  130-1.1-a  of
    14  the rules of the chief administrator; or
    15    (v)  the  paper sought to be filed is in a proceeding subject to elec-
    16  tronic filing pursuant to the rules of the chief  administrator  but  is
    17  not being filed electronically, and either
    18    (A) is not being filed by an unrepresented litigant; or
    19    (B) does not include the notice required by paragraph 1 of subdivision
    20  d of section 202.5-b of such rules.
    21    (b) The chief clerk shall require the payment of any applicable statu-
    22  tory fees, or an order of the court waiving payment of such fees, before
    23  accepting a paper for filing.
    24    (c)  A  clerk  or  chief clerk of the court shall signify a refusal to
    25  accept a paper by use of a stamp on the paper indicating the date of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01592-01-3
        A. 3202                             2

     1  refusal and shall explain in writing on the paper  the  reason  for  the
     2  refusal.
     3    (d)  Any  ex  parte  application  requesting an order of the surrogate
     4  shall be entertained or passed upon within two days of its filing.
     5    § 2. This act shall take effect immediately.