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NY S09746
Bill
Status
6/5/2024
Primary Sponsor
Lea Webb
Click for details
AI Summary
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Modifies automatic orders in matrimonial actions to apply to cases commencing on or after the effective date, with automatic orders binding upon plaintiff at filing and defendant upon service of summons.
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Adds exception for gubernatorial emergencies where judiciary issues administrative orders prohibiting summons filing: automatic orders remain binding but have no force unless plaintiff purchases an index number within 21 days of service or applies for poor person status within 21 days.
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Requires plaintiff to pay index number fee within 120 days after court denial of poor person status application to maintain force and effect of automatic orders during emergency declarations.
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Modifies duration of automatic orders to remain in effect until entry of divorce judgment (rather than during pendency of action), and adds that orders terminate if action is dismissed, discontinued, or stayed.
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Adds new automatic order requiring each party to notify the other within 10 days of receiving notice of tax liens, foreclosures, bankruptcies, or litigation that could adversely affect the marital estate.
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Takes effect 60 days after becoming law.
Legislative Description
Relates to automatic orders in matrimonial actions; provides that in the event that the governor declares an emergency which results in issuance by the judiciary of an administrative order which prohibits the filing of the summons or the summons and verified complaint during the emergency, then the automatic orders shall be binding upon the plaintiff and the defendant immediately upon service of the summons upon defendant, but shall have no force and effect unless: the plaintiff purchases an index number for the action within twenty-one days of the date of service upon the defendant of the summons with notice or the summons and verified complaint; or plaintiff applies for poor person status within twenty-one days of the date of service on the defendant of the summons with notice or the summons and verified complaint, and, in the event that the application for poor person status is denied, the plaintiff pays an index number fee within one hundred twenty days after the date of a court order denying the plaintiff's application for waiver of the fee.
Last Action
referred to judiciary
6/5/2024