New York State Assembly

 
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A10353 Summary:

A10353 Actions:

A10353 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:05/22/2024AYE/NAY:20/0  Action: Favorable refer to committee Rules        
Lavine
Aye
Tannousis
Aye
Zebrowski
Aye
Norris
Aye
Weprin
Aye
Walsh
Aye
Braunstein
Aye
Byrnes
Aye
Steck
Aye
Brown
Aye
Seawright
Aye
Flood
Aye
Wallace
Excused
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye
Simon
Aye
Sayegh
Aye
Lunsford
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/28/2024AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Excused
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A10353 Floor Votes:

A10353 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10353
 
                   IN ASSEMBLY
 
                                      May 20, 2024
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
          (at  request  of  the Office of Court Administration) -- read once and
          referred to the Committee on Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation  to  venue
          in matrimonial actions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 509 of the civil practice law and rules, as amended
     2  by chapter 773 of the laws of 1965, is amended to read as follows:
     3    § 509. Venue in county designated. Notwithstanding  any  provision  of
     4  this  article except for rule 515, the place of trial of an action shall
     5  be in the county designated by the plaintiff, unless the place of  trial
     6  is  changed  to  another  county  by order upon motion, or by consent as
     7  provided in subdivision (b) of rule 511 of this article.
     8    § 2. The civil practice law and rules is amended by adding a new  rule
     9  515 to read as follows:
    10    Rule  515.  Venue in matrimonial actions. (a) This rule applies to all
    11  actions wherein all or part  of  the  relief  granted  is  divorce,  all
    12  actions brought in supreme court for custody or visitation, all applica-
    13  tions  to  modify  a  supreme  court order of custody or visitation, all
    14  actions wherein all or part of the relief granted  is  the  dissolution,
    15  annulment  or  declaration of the nullity of a marriage, all proceedings
    16  to obtain a distribution of marital property following a  foreign  judg-
    17  ment  of divorce, and all post-judgment proceedings following a judgment
    18  of divorce.
    19    (b) Notwithstanding anything to the  contrary  in  this  article,  the
    20  place  of  trial  in  an  action subject to subdivision (a) of this rule
    21  shall be in a county in which either party  resides  or,  if  there  are
    22  minor  children  of  the marriage, the place of trial may also be in the
    23  county where one of such children resides; except that where any of  the
    24  addresses of these residences is not a matter of public record, or where
    25  any  of  these addresses is subject to an existing confidentiality order
    26  pursuant to section 254 of the domestic relations law or  section  154-b
    27  of  the family court act, the place of trial designated by the plaintiff
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10083-01-3
        A. 10353                            2
 
     1  in any action specified in subdivision (a) of this rule may be as speci-
     2  fied in section 509 of this article.
     3    (c) In any action specified in subdivision (a) of this rule, the court
     4  may,  for  good  cause  shown,  allow  the  trial  to proceed before it,
     5  notwithstanding that venue would not lie pursuant to subdivision (b)  of
     6  this  rule.  Good cause applications shall be made by motion or order to
     7  show cause.
     8    § 3. This act shall take effect on the sixtieth  day  after  it  shall
     9  have become a law and shall apply to matrimonial actions commenced on or
    10  after such date.