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.
STATE OF NEW YORK
________________________________________________________________________
2880
2023-2024 Regular Sessions
IN SENATE
January 25, 2023
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
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 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04670-01-3
