S T A T E O F N E W Y O R K ________________________________________________________________________ 10027 I N A S S E M B L Y March 26, 1998 ___________ Introduced by M. of A. SIDIKMAN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judici- ary AN ACT to amend the civil practice law and rules and the judiciary law, in relation to removal of cases The People of the State of New York, represented in Senate and Assem- ______________________________________________________________________ bly, do enact as follows: _________________________ 1 Section 1. Subdivision (d) of section 325 of the civil practice law 2 and rules, as added by chapter 502 of the laws of 1968, is amended to 3 read as follows: 4 (d) Without consent to court of limited jurisdiction. The [appellate 5 division] chief administrator of the courts if [it] he or she determines _________________________________ _________ 6 that the calendar conditions in a lower court so permit, may by rule 7 provide that a court in which an action is pending: (1) may, in its _____ 8 discretion, remove such action without consent to such lower court where 9 it appears that the amount of damages sustained may be less than 10 demanded, and the lower court would have had jurisdiction but for the 11 amount of damages demanded, and (2) shall remove such action without ______________________________________________ 12 consent to such lower court (not including a town or village justice ________________________________________________________________________ 13 court) where the court in which the action is pending is the supreme ________________________________________________________________________ 14 court and the amount of damages stated in the complaint or in the notice ________________________________________________________________________ 15 contained in or attached to the summons does not exceed fifty thousand ________________________________________________________________________ 16 dollars. If the action is so removed, then the verdict or judgment _______ 17 shall be subject to the limitation of monetary jurisdiction of the court 18 in which the action was originally commenced and shall be lawful to the 19 extent of the amount demanded within such limitation. A waiver of jury 20 trial in the first court is inoperative after the removal. 21  2. The opening paragraph of subdivision (a) of section 8018 of the 22 civil practice law and rules, as amended by chapter 190 of the laws of 23 1990, is amended to read as follows: 24 A county clerk is entitled, for the assignment of an index number to 25 an action pending in a court of which he or she is clerk, to a fee of ______ 26 one hundred sixty-five dollars, payable in advance; provided, however, ____________________ 27 where the action is pending in the supreme court and the amount of ________________________________________________________________________ EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD14492-01-8 A. 10027 2 1 damages stated in the complaint or in the notice contained in or ________________________________________________________________________ 2 attached to the summons does not exceed fifty thousand dollars the fee ________________________________________________________________________ 3 shall only be thirty-five dollars. _________________________________ 4  3. Paragraph (e) of subdivision 2 of section 39 of the judiciary 5 law, as amended by chapter 83 of the laws of 1995, is amended to read as 6 follows: 7 (e) All fees collected pursuant to sections eighteen hundred three, 8 eighteen hundred three-A and nineteen hundred eleven of the New York 9 city civil court act, all fees collected pursuant to state law by the 10 county clerks in the city of New York, except as otherwise provided 11 herein with respect to fees collected pursuant to subdivision (a) of 12 section eight thousand eighteen of the civil practice law and rules and 13 except those fees collected by the clerk of Richmond county which in the 14 other counties of the city of New York are collected by the city regis- 15 ters, all fees collected pursuant to section eight thousand eighteen of 16 the civil practice law and rules except only to the extent of one 17 hundred sixty dollars of any fee collected pursuant to subdivision (a) 18 of such section (or thirty dollars of such fee where the amount of the ________________________________________________________ 19 fee collected under the first undesignated paragraph of such subdivision ________________________________________________________________________ 20 (a) is thirty-five dollars) and except for those collected pursuant to _____________________________ 21 the third undesignated paragraph of such subdivision (a), all fees 22 collected pursuant to section eight thousand twenty of the civil prac- 23 tice law and rules except for those collected pursuant to subdivisions 24 (f), (g) and (h) of said section, all fees collected pursuant to section 25 eight thousand twenty-two of the civil practice law and rules, all fees 26 collected pursuant to section twenty-four hundred two of the surrogate's 27 court procedure act, all fees collected pursuant to section eighteen 28 hundred three, eighteen hundred three-A and subdivision (a) of section 29 nineteen hundred eleven of the uniform district court act, all fees 30 collected pursuant to section eighteen hundred three, eighteen hundred 31 three-A and subdivision (a) of section nineteen hundred eleven of the 32 uniform city court act and all fines, penalties and forfeitures 33 collected pursuant to subdivision eight of section eighteen hundred 34 three of the vehicle and traffic law, except such fines, penalties and 35 forfeitures collected by the Nassau county traffic and parking 36 violations agency, section 71-0211 of the environmental conservation 37 law, section two hundred one of the navigation law and subdivision one 38 of section 27.13 of the parks, recreation and historic preservation law 39 shall be paid to the state commissioner of taxation and finance on a 40 monthly basis no later than ten days after the last day of each month. 41 The additional fee of five dollars collected by county clerks in New 42 York city pursuant to the third undesignated paragraph of subdivision 43 (a) of section eight thousand eighteen of the civil practice law and 44 rules shall be distributed monthly by the county clerks as follows: four 45 dollars and seventy-five cents to the commissioner of education for 46 deposit into the local government records management improvement funds; 47 and twenty-five cents to the city of New York. 48  4. This act shall take effect immediately.