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History
- Referred to judiciary
Full text
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Sponsor's memo
BILL NUMBER:S2265
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.