§ 235 — Information as to details of matrimonial actions or proceedings

New York § 235

• Jurisdiction: New York
• Law DOM: Domestic Relations
• Art. 13: Provisions Applicable to More Than One Type of Matrimonial Action

Text

§ 235. Information as to details of matrimonial actions or\nproceedings. 1. An officer of the court with whom the proceedings in a\nmatrimonial action or a written agreement of separation or an action or\nproceeding for custody, visitation or maintenance of a child are filed,\nor before whom the testimony is taken, or his clerk, either before or\nafter the termination of the suit, shall not permit a copy of any of the\npleadings, affidavits, findings of fact, conclusions of law, judgment of\ndissolution, written agreement of separation or memorandum thereof, or\ntestimony, or any examination or perusal thereof, to be taken by any\nother person than a party, or the attorney or counsel of a party, except\nby order of the court.\n 2. If the evidence on the trial of such an action or proceeding be\nsuch that public interest requires that the examination of the witnesses\nshould not be public, the court or referee may exclude all persons from\nthe room except the parties to the action and their counsel, and in such\ncase may order the evidence, when filed with the clerk, sealed up, to be\nexhibited only to the parties to the action or proceeding or someone\ninterested, on order of the court.\n 3. Upon the application of any person to the county clerk or other\nofficer in charge of public records within a county for evidence of the\ndisposition, judgment or order with respect to a matrimonial action, the\nclerk or other such officer shall issue a "certificate of disposition",\nduly certifying the nature and effect of such disposition, judgment or\norder and shall in no manner evidence the subject matter of the\npleadings, testimony, findings of fact, conclusions of law or judgment\nof dissolution derived in any such action.\n 4. Any county, city, town or village clerk or other municipal official\nissuing marriage licenses shall be required to accept, as evidence of\ndissolution of marriage, such "certificate of disposition" in lieu of a\ncomplete copy of the findings of fact, conclusions of law and judgment\nof dissolution.\n 5. The limitations of subdivisions one, two and three of this section\nin relation to confidentiality shall cease to apply one hundred years\nafter date of filing, and such records shall thereupon be public records\navailable to public inspection.\n