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S450Senate2009-2010 Session

Requires clerk of court to accept notice of pendency in certain equitable distribution matrimonial actions

Sponsor Carl KrugerSD-27Affects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Who cares

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Sponsors

Primary sponsor
Carl Kruger

Senator · Senate District 27

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the domestic relations law and the civil practice law and rules, in relation to a notice of pendency in certain matrimonial cases

Summary

This bill would amend section 234 of the Domestic Relations Law and add a new undesignated paragraph to subdivision (a) of Rule 6501 of the Civil Practice Law and Rules to provide that notices of pendency in matrimonial actions shall be filed in all instances when the complaint or answer alleges a claim for equitable distribution.

Justification

Discrepancies presently exist in the different Judicial Departments regarding the acceptance of notices of pendency for filing matrimonial actions. In those areas where notices of pendency are not accepted for filing in matrimonial actions, the non-title holding spouse must take additional steps, such as seeking an injunction restraining the conveyance of marital property. This bill would make these additional and burdensome steps unnecessary, and would make the practice of accepting notices of pendency for filing uniform across the State.

Fiscal implication

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.