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S473

An act to amend the Surrogate's Court Procedure Act — 2023-01-25 · Calendar #134

The New York State Senate passed legislation amending the Surrogate's Court Procedure Act on a 58-1 vote, with only Sen. O'Mara voting in opposition. The bill, sponsored by Sen. Sepúlveda and designated as Calendar Number 134, creates consistency between filing procedures in Supreme Court and Surrogate's Court. During floor debate, Sen. Rhoads raised concerns about advance fee collection and refund procedures for rejected documents. Sen. Sepúlveda responded that the legislation ensures parties who pay fees in advance will receive credit toward resubmission if documents are rejected, and that clerks will provide specific error notifications without requiring duplicate payments. The measure was moved to the noncontroversial calendar by agreement between Sen. Gianaris and Sen. Lanza before the vote.
Passed Senate Ayes: 58 · Nays: 1

Debate Summary

Sen. Rhoads raised concerns about advance fee collection and refund procedures for rejected documents in Surrogate's Court filings. Sen. Sepúlveda explained that the bill creates consistency with Supreme Court procedures, ensuring that fees paid in advance are credited toward resubmission and that clerks provide specific error notifications without requiring duplicate payments. The bill was moved to the noncontroversial calendar by agreement.

Recorded Votes

Individual vote records shown here are captured from roll call mentions in floor transcripts. Because most bills pass with unanimous or near-unanimous ayes, only dissenting (nay) votes are typically read into the record — so the table below skews toward no votes. The full tally (ayes/nays above) reflects the official count.

Senator Vote Party
O'Mara nay Republican