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A08299 Summary:

BILL NOA08299
 
SAME ASSAME AS S08270
 
SPONSORLavine
 
COSPNSRHevesi
 
MLTSPNSR
 
Amd §236, Dom Rel L
 
Sets the effectiveness and duration of automatic orders in matrimonial actions.
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A08299 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8299
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 12, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  LAVINE  --  (at request of the Unified Court
          System) -- read once and referred to the Committee on Judiciary
 
        AN ACT to amend the domestic relations law,  in  relation  to  automatic
          orders in matrimonial actions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of paragraph b of  subdivision  2  of
     2  part B of section 236 of the domestic relations law, as added by chapter
     3  72  of the laws of 2009, is amended and a new subparagraph 6 is added to
     4  read as follows:
     5    With respect to matrimonial actions which commence  on  or  after  the
     6  effective date of this paragraph, the plaintiff shall cause to be served
     7  upon the defendant, simultaneous with the service of the summons, a copy
     8  of  the  automatic  orders  set  forth  in this paragraph. The automatic
     9  orders shall take effect and be binding upon the plaintiff in a matrimo-
    10  nial action immediately upon the filing of the summons, or  summons  and
    11  complaint,  and shall be binding upon the defendant immediately upon the
    12  service of the automatic orders with the summons. [The]  Each  automatic
    13  [orders] order shall remain in full force and effect [during the penden-
    14  cy  of  the  action,]  until  the  judgment of divorce is entered or the
    15  action is dismissed,  discontinued  or  stayed,  whichever  shall  occur
    16  first,  unless  the  order is terminated, modified or amended by further
    17  order of the court upon motion of either of the parties or upon  written
    18  agreement  between the parties duly executed and acknowledged. The auto-
    19  matic orders are as follows:
    20    (6) If either party receives notice of a tax lien, foreclosure,  bank-
    21  ruptcy,  or  litigation,  or  the filing of same, or of the lifting of a
    22  stay in bankruptcy, that could adversely affect the marital estate, that
    23  party shall, within ten days after receiving such notice,  send  written
    24  notice of such event to the other party.
    25    §  2.  This  act  shall take effect on the sixtieth day after it shall
    26  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08998-01-5
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