Bill

Bill > S00887


NY S00887

NY S00887
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.


summary

Introduced
01/08/2025
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the surrogate's court procedure act, in relation to court filing

AI Summary

This bill amends the Surrogate's Court Procedure Act to establish specific circumstances under which a Surrogate Court clerk or chief clerk can refuse to accept legal documents for filing. The bill outlines five specific scenarios where filing can be refused, including papers without a file number, papers with incomplete captions, documents filed in the wrong court, papers not signed according to administrative rules, and electronic filing violations. Additionally, the bill requires clerks to ensure that applicable statutory fees are paid or that a court order waiving such fees exists before accepting a document for filing. When refusing to accept a document, the clerk must use a stamp indicating the date of refusal and provide a written explanation for the rejection. These provisions aim to standardize and clarify the document filing process in Surrogate's Court, ensuring that submitted papers meet certain procedural and administrative standards before being officially accepted by the court.

Committee Categories

Justice

Sponsors (1)

Last Action

ADVANCED TO THIRD READING (on 03/10/2026)

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