Bill
Bill > S00887
NY S00887
NY S00887Provides 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
01/08/2025
In Committee
01/07/2026
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)
Official Document
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