Monday, April 8, 2013

NEW YORK - CHANGE IN MATRIMONIAL ORDERS

A week or so ago I mentioned the new change in the rules regarding automatic orders in matrimonial actions. A few days ago, I received the following email from the Matrimonial Committee of the NCBA:

"Dear Committee Members:

I am attaching what seems to be an amendment to the Uniform Rules which indicates some changes to the automatic orders. It indicates that violation of the orders “may” be deemed a contempt of court. It also changes the Notice on the face of the Summons. While I am of the opinion that contempt does not properly lie for a violation of a court rule where the order was not actually issued by court or record, this is the rule change. ........... According to the documents, the Rule actually changed “effective immediately” as contained in the NY Register of January 30, 2013.” The OCA website in the Rules section does not contain this amendment. I have several calls in to OCA to confirm the change given its lack of reference on the site. I have not yet heard back but will keep everyone posted.

Notably, the Court of Appeals in Gair v Peck, held “the Appellate Divisions cannot make substantive law by rules”— Can the Administrative Judge?"

 

2 comments:

  1. Hmmm...interesting. Judges can't make substantive laws either, I don't think. I wonder how this will play out.

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  2. Thank you for your comment.


    GAIR v. PECK is cited at 6 N.Y.2d 97 (1959).

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