RETRIEVE BILL
STATE OF NEW YORK
________________________________________________________________________
10103
IN ASSEMBLY
March 2, 2004
___________
Introduced by M. of A. PAULIN, WEINSTEIN, DINOWITZ, GALEF, GROMACK,
P. RIVERA, AUBERTINE, COOK, GRODENCHIK, LAVELLE, ORTIZ, PEOPLES,
ROBINSON, SMITH, TITUS -- Multi-Sponsored by -- M. of A. BING, BRAD-
LEY, CALHOUN, CHRISTENSEN, CLARK, A. COHEN, COLTON, DelMONTE, DESTITO,
L. DIAZ, GLICK, GOTTFRIED, GRANNIS, GREEN, A. GUNTHER, HIKIND, JOHN,
KARBEN, KOON, LAFAYETTE, MAYERSOHN, McENENY, PHEFFER, SWEENEY, TOWNS,
WRIGHT -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to confi-
dentiality of addresses in civil proceedings
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
2 new rule 2103-a to read as follows:
3 Rule 2103-a. Confidentiality of addresses in civil proceedings. (a)
4 Notwithstanding any other provision of law, in any civil proceeding,
5 whether or not an order of protection or temporary order of protection
6 is sought or has been sought in the past, the court may, upon its own
7 motion or upon the motion of any party, authorize any party to keep his
8 or her residential and business addresses and telephone numbers confi-
9 dential from any party in any pleadings or other papers submitted to the
10 court, where the court makes specific findings on the record supporting
11 a conclusion that disclosure of such addresses or telephone numbers
12 would pose an unreasonable risk to the health or safety of a party.
13 Pending such a finding, any such addresses or telephone numbers of the
14 party seeking confidentiality shall be safeguarded and sealed in order
15 to prevent its inadvertent or unauthorized use or disclosure.
16 (b) Notwithstanding any other provision of law, if a party has resided
17 or resides in a residential program for victims of domestic violence as
18 defined in section four hundred fifty-nine-a of the social services law,
19 the present address of such party and the address of the residential
20 program for victims of domestic violence shall not be revealed by the
21 court or any court personnel who may have access to such information.
22 (c) Upon such authorization, the court shall designate the clerk of
23 the court or such other disinterested person as it deems appropriate,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15025-06-4
A. 10103 2
1 with consent of such disinterested person, as the agent for service of
2 process for the party whose residential and business addresses or tele-
3 phone numbers are to remain confidential and shall notify the parties of
4 such designation and the address of the agent in writing. The clerk or
5 disinterested person designated by the court shall, when served with
6 process on behalf of the party whose information is to remain confiden-
7 tial, promptly notify such party whose information is to remain confi-
8 dential and forward such process to him or her in a manner calculated to
9 be timely received.
10 (d) In any case in which such confidentiality authorization is made,
11 the party whose information is to remain confidential shall inform the
12 clerk of the court or disinterested person designated by the court of
13 any change in address for purposes of receipt of service of process or
14 any papers.
15 § 2. This act shall take effect on the thirtieth day after it shall
16 have become a law and shall apply to all actions and proceedings pending
17 or commenced on or after such effective date.