Bill Text: NY S09746 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to automatic orders in matrimonial actions; provides that in the event that the governor declares an emergency which results in issuance by the judiciary of an administrative order which prohibits the filing of the summons or the summons and verified complaint during the emergency, then the automatic orders shall be binding upon the plaintiff and the defendant immediately upon service of the summons upon defendant, but shall have no force and effect unless: the plaintiff purchases an index number for the action within twenty-one days of the date of service upon the defendant of the summons with notice or the summons and verified complaint; or plaintiff applies for poor person status within twenty-one days of the date of service on the defendant of the summons with notice or the summons and verified complaint, and, in the event that the application for poor person status is denied, the plaintiff pays an index number fee within one hundred twenty days after the date of a court order denying the plaintiff's application for waiver of the fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-05 - referred to judiciary [S09746 Detail]
Download: New_York-2023-S09746-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9746 IN SENATE May 28, 2024 ___________ Introduced by Sen. WEBB -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the domestic relations law, in relation to automatic orders in matrimonial actions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of paragraph b of subdivision 2 of 2 part B of section 236 of the domestic relations law, as added by chapter 3 72 of the laws of 2009, is amended and a new subparagraph 6 is added to 4 read as follows: 5 With respect to matrimonial actions which commence on or after the 6 effective date of this paragraph, the plaintiff shall cause to be served 7 upon the defendant, simultaneous with the service of the summons, a copy 8 of the automatic orders set forth in this paragraph. The automatic 9 orders shall be binding upon the plaintiff in a matrimonial action imme- 10 diately upon the filing of the summons, or summons and complaint, and 11 upon the defendant immediately upon the service of the automatic orders 12 with the summons. [The] In the event that the governor declares an emer- 13 gency which results in issuance by the judiciary of an administrative 14 order which prohibits the filing of the summons or the summons and veri- 15 fied complaint during the emergency, then the automatic orders shall be 16 binding upon the plaintiff and the defendant immediately upon service of 17 the summons upon defendant, but shall have no force and effect unless: 18 the plaintiff purchases an index number for the action within twenty-one 19 days of the date of service upon the defendant of the summons with 20 notice or the summons and verified complaint; or plaintiff applies for 21 poor person status pursuant to subdivision (d) of section eleven hundred 22 one of the civil practice law and rules within twenty-one days of the 23 date of service on the defendant of the summons with notice or the 24 summons and verified complaint, and, in the event that the application 25 for poor person status is denied, the plaintiff pays an index number fee 26 within one hundred twenty days after the date of a court order denying 27 the plaintiff's application for waiver of the fee pursuant to subdivi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10114-02-4S. 9746 2 1 sion (d) of section eleven hundred one of the civil practice law and 2 rules. Except as provided above, the automatic orders shall take effect 3 and remain in full force and effect [during the pendency of the action,] 4 until entry of the judgment of divorce unless terminated, modified or 5 amended by further order of the court upon motion of either of the 6 parties or upon written agreement between the parties duly executed and 7 acknowledged, or unless the action is dismissed or discontinued, or 8 stayed. The automatic orders are as follows: 9 (6) Each party, having received notice of same, shall within ten days 10 thereafter send written notice to the other party of a tax lien, fore- 11 closure, bankruptcy, or litigation, or the filing of same, which could 12 adversely affect the marital estate. 13 § 2. This act shall take effect on the sixtieth day after it shall 14 have become a law.
