Bill Text: NY S02110 | 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: (Engrossed - Dead) 2022-05-31 - referred to judiciary [S02110 Detail]

Download: New_York-2021-S02110-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2110--A
            Cal. No. 1176

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 19, 2021
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Judiciary -- recommitted
          to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
          -- reported favorably from said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06418-02-2
        S. 2110--A                          2

     1    (b) The chief clerk shall require the payment of any applicable statu-
     2  tory fees, or an order of the court waiving payment of such fees, before
     3  accepting a paper for filing.
     4    (c)  A  clerk  or  chief clerk of the court shall signify a refusal to
     5  accept a paper by use of a stamp on the paper indicating the date of the
     6  refusal and shall explain in writing on the paper  the  reason  for  the
     7  refusal.
     8    (d)  Any  ex  parte  application  requesting an order of the surrogate
     9  shall be entertained or passed upon within two days of its filing.
    10    § 2. This act shall take effect immediately.