Bill Text: NY S00473 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 473

Introduced

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: (Engrossed) 2024-06-07 - COMMITTED TO RULES [S00473 Detail]

Download: New_York-2023-S00473-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                           473

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- 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
          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

        S. 473                              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.