Bill Text: NY S09784 | 2023-2024 | General Assembly | Introduced

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Bill Title: Modifies provisions regarding notice of a matrimonial action where the complaint is not personally served with the summons to permit service by e-mail under certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-05 - referred to judiciary [S09784 Detail]

Download: New_York-2023-S09784-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9784

                    IN SENATE

                                      May 30, 2024
                                       ___________

        Introduced  by  Sen. HOYLMAN-SIGAL -- (at request of the Office of Court
          Administration) -- 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 modifying the
          provisions  regarding  notice  of  a  matrimonial  action  where   the
          complaint is not personally served with the summons

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 232 of the domestic relations law,  as  amended  by
     2  chapter 765 of the laws of 1974, subdivision a as amended by chapter 528
     3  of the laws of 1978, is amended to read as follows:
     4    § 232. Notice of nature of matrimonial action; proof of service. a. In
     5  an  action  to annul a marriage or for divorce or for separation, if the
     6  complaint is not personally served with the summons, the  summons  shall
     7  have  legibly written or printed upon the face thereof: "Action to annul
     8  a marriage", "Action to declare the nullity of a void marriage", "Action
     9  for a divorce", or "Action for a separation", as the case  may  be,  and
    10  shall  specify  the  nature of any ancillary relief demanded. A judgment
    11  shall not be rendered in favor of the  plaintiff  upon  the  defendant's
    12  default  in  appearing  or pleading, unless either (1) the summons and a
    13  copy of the complaint were personally delivered to the defendant; or (2)
    14  the copy of the summons (a) personally delivered to  the  defendant,  or
    15  (b) served on the defendant pursuant to an order directing the method of
    16  service  of  the  summons  in  accordance with the provisions of section
    17  three hundred eight or three hundred fifteen of the civil  practice  law
    18  and  rules,  or  served  on the defendant pursuant to an order directing
    19  alternative service of the  summons  pursuant  to  subdivision  five  of
    20  section  three hundred eight of the civil practice law and rules through
    21  proof of an active email account of the defendant which is shown  to  be
    22  reasonably  calculated  to  give  notice to the defendant, shall contain
    23  such notice. As used in this subdivision, an active email account of the
    24  defendant shall be an account that has been used by the defendant in the
    25  last thirty days.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10328-03-4
        S. 9784                             2

     1    b. An affidavit or certificate proving service  shall  state  affirma-
     2  tively  in  the  body  thereof  that  the required notice was written or
     3  printed on the face of the copy of the summons delivered to the  defend-
     4  ant  and  what knowledge the affiant or officer who executed the certif-
     5  icate had that [he] such person was the defendant named and how [he] the
     6  affiant  or  officer  who executed the affidavit or certificate acquired
     7  such knowledge. The  court  may  require  the  affiant  or  officer  who
     8  executed the affidavit or certificate to appear in court and be examined
     9  in respect thereto.
    10    § 2. This act shall take effect immediately.