New York A 577: Relates to filing in surrogate's court

Bill Text

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A00577 Summary:

BILL NOA00577A

&nbsp

SAME ASSAME AS S00887-A

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SPONSORSteck

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §2611, SCPA

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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.

Go to top A00577 Actions:

BILL NOA00577A

&nbsp

01/08/2025referred to judiciary

05/20/2025amend and recommit to judiciary

05/20/2025print number 577a

01/07/2026referred to judiciary

Go to topA00577 Committee&nbspVotes:

Go to topA00577 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00577 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 577--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 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.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02136-03-5

 A. 577--A 2

 1 (c) A clerk or chief clerk of the court shall signify a refusal to
 2 accept a paper by use of a stamp on the paper indicating the date of the
 3 refusal and shall explain in writing on the paper the reason for the
 4 refusal.
 5 § 2. This act shall take effect immediately.

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