STATE OF NEW YORK
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5736--A
2017-2018 Regular Sessions
IN SENATE
April 27, 2017
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Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary -- recommitted to the Commit-
tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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. The civil practice law and rules is amended by adding a new
2 rule 514 to read as follows:
3 Rule 514. Venue in matrimonial actions. (a) This rule applies to all
4 actions wherein all or part of the relief granted is divorce, all
5 actions brought in supreme court for custody or visitation, all applica-
6 tions to modify a supreme court order of custody or visitation, all
7 actions wherein all or part of the relief granted is the dissolution,
8 annulment or declaration of the nullity of a marriage, all proceedings
9 to obtain a distribution of marital property following a foreign judg-
10 ment of divorce, and all post-judgment proceedings following a judgement
11 of divorce.
12 (b) Notwithstanding anything to the contrary in this article, the
13 place of trial in an action subject to subdivision (a) of this rule
14 shall be in a county in which either party resides or, if there are
15 minor children of the marriage, in the county where one of the parties
16 or a child or children of the marriage resides; except that where the
17 address of either party and any child or children are not a matter of
18 public record, or where any such address is subject to an existing
19 confidentiality order pursuant to section two hundred fifty-four of the
20 domestic relations law or section one hundred fifty-four-b of the family
21 court act, the place of trial designated by the plaintiff in any action
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09911-05-8
S. 5736--A 2
1 specified in subdivision (a) of this rule may be as specified in section
2 five hundred nine 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 § 2. 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 effective date.
