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NY S00473
Bill
Status
1/25/2023
Primary Sponsor
Luis Sepulveda
Click for details
AI Summary
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Surrogate court clerks must refuse to accept filed papers only under specific circumstances including: missing file numbers, incomplete captions with "et al," papers filed in wrong court, improperly signed documents, or electronically-required papers not filed electronically by represented parties.
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Chief clerks must require payment of applicable statutory fees or a court order waiving fees before accepting any paper for filing.
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Clerks must stamp refused papers with the date of refusal and provide written explanation for the rejection on the paper itself.
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Ex parte applications for surrogate orders must be entertained or ruled upon within two days of filing.
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Act takes effect immediately upon enactment.
Legislative Description
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.
Last Action
COMMITTED TO RULES
6/7/2024