Bill Text: NY A10051 | 2021-2022 | General Assembly | Amended

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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) 2022-05-19 - print number 10051a [A10051 Detail]

Download: New_York-2021-A10051-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10051--A

                   IN ASSEMBLY

                                     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:

     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
    26  refusal  and  shall  explain  in writing on the paper the reason for the
    27  refusal.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06418-03-2
        A. 10051--A                         2

     1    (d) Any ex parte application requesting  an  order  of  the  surrogate
     2  shall be entertained or passed upon within two days of its filing.
     3    § 2. This act shall take effect immediately.