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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A577
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.
STATE OF NEW YORK
________________________________________________________________________
577
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
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.
LBD02136-01-5
A. 577 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 (d) Any ex parte application requesting an order of the surrogate
6 shall be entertained or passed upon within two days of its filing.
7 § 2. This act shall take effect immediately.
