Bill Text: NY S05651 | 2009-2010 | General Assembly | Introduced

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Bill Title: Exempts guardianship motions filed under article 81 of the mental hygiene law by a fiduciary, court evaluator, guardian ad litem, court appointed attorney or by the court examiner from the required filing fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S05651 Detail]

Download: New_York-2009-S05651-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5651
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     May 26, 2009
                                      ___________
       Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the civil practice law and rules, in relation to certain
         fees payable to the county clerk
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision (a) of section 8020 of the civil practice law
    2  and rules, as amended by section 25 of part J of chapter 62 of the  laws
    3  of 2003, is amended to read as follows:
    4    (a)  Placing  cause on calendar. For placing a cause on a calendar for
    5  trial or inquest, one hundred twenty-five dollars in the  supreme  court
    6  and  county court; except that where rules of the chief administrator of
    7  the courts require that a request for judicial intervention be  made  in
    8  an  action  pending  in  supreme court or county court, the county clerk
    9  shall be entitled to a fee of  ninety-five  dollars,  payable  before  a
   10  judge  may  be  assigned  pursuant  to such request, and thereafter, for
   11  placing such a cause on a calendar for  trial  or  inquest,  the  county
   12  clerk  shall  be entitled to an additional fee of thirty dollars, and no
   13  other fee may be charged thereafter pursuant to this subdivision; except
   14  that the county clerk shall be entitled to a fee of  forty-five  dollars
   15  upon  the filing of each motion or cross motion in such action. However,
   16  no fee shall be imposed;
   17    1. for a motion which seeks leave to proceed as a poor person pursuant
   18  to subdivision (a) of section eleven hundred one of this chapter; OR
   19    2. FOR A MOTION FILED BY THE FIDUCIARY, COURT EVALUATOR,  GUARDIAN  AD
   20  LITEM,  COURT-APPOINTED ATTORNEY OR BY THE COURT EXAMINER IN ANY GUARDI-
   21  ANSHIP MATTER UNDER ARTICLE EIGHTY-ONE OF THE MENTAL HYGIENE LAW.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04449-01-9