A00577 Summary:

BILL NOA00577A
 
SAME ASSAME AS S00887-A
 
SPONSORSteck
 
COSPNSR
 
MLTSPNSR
 
Amd §2611, SCPA
 
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.
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A00577 Actions:

BILL NOA00577A
 
01/08/2025referred to judiciary
05/20/2025amend and recommit to judiciary
05/20/2025print number 577a
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A00577 Committee Votes:

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A00577 Floor Votes:

There are no votes for this bill in this legislative session.
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A00577 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A577A
 
SPONSOR: Steck
  TITLE OF BILL: An act to amend the surrogate's court procedure act, in relation to court filing   PURPOSE OR GENERAL IDEA OF BILL: The bill specifies grounds for a clerk to refuse to accept a filing   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new paragraph 4 to SCPA 2611. Section 2 is the effec- tive date.   JUSTIFICATION: There is currently a great deal of disparity in Surrogate Courts around the state on grounds for rejecting a filing. A filing in one court may be rejected by another court's clerk without explanation as to the basis of the rejection. The proposed change to the statute is now a court rule in the Supreme and County Courts found in 22 NYCRR 202.5, but is not followed in the Surrogate's courts. This bill would prevent wrongful rejections of proper filings in the Surrogate's Courts and would remove court clerks from decision-making and instead laying the responsibility with the Surrogate judges, so as to create a uniform standard for rejecting filings throughout the state   PRIOR LEGISLATIVE HISTORY: S.9080 of 2020: Referred to Rules S.473 of 2023: Passed Senate   FISCAL IMPLICATIONS: None.   LOCAL FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This law shall take effect immediately.
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A00577 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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