BILL NUMBER: S473
SPONSOR: SEPULVEDA
 
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 subdivision 4 to SCPA 2611.
Section 2 is the effective date. This act take immediately.
 
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.2110A of 2022,Passed Senate, Referred to Assembly Judiciary;
S.2110 of 2021, Referred to Judiciary;
S.9080 of 2020, Referred to Rules
 
FISCAL IMPLICATIONS:
None.
 
LOCAL FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This law shall take effect immediately.