This text of New York § 439-A (Expedited process) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 439-a. Expedited process.
(a)When used in this section, expedited\nprocess means a process in effect in the family court which reduces the\nprocessing time of support order establishment and enforcement efforts\nfrom the date of successful service of process on the respondent to the\ndate on which a support obligation or enforcement order is entered, the\npetition is voluntarily withdrawn or the petition is dismissed on the\nmerits or for lack of jurisdiction of the respondent, by the referral of\nproceedings to hearing examiners appointed and qualified under section\nfour hundred thirty-nine of this article and exercising the powers set\nforth in such section.\n (b) The chief administrator shall assign a sufficient number of\nsupport magistrates to ensure that such expedited process
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§ 439-a. Expedited process. (a) When used in this section, expedited\nprocess means a process in effect in the family court which reduces the\nprocessing time of support order establishment and enforcement efforts\nfrom the date of successful service of process on the respondent to the\ndate on which a support obligation or enforcement order is entered, the\npetition is voluntarily withdrawn or the petition is dismissed on the\nmerits or for lack of jurisdiction of the respondent, by the referral of\nproceedings to hearing examiners appointed and qualified under section\nfour hundred thirty-nine of this article and exercising the powers set\nforth in such section.\n (b) The chief administrator shall assign a sufficient number of\nsupport magistrates to ensure that such expedited process shall conform\nto the requirements of such case processing as set forth in federal\nstatutes and regulations promulgated by the federal secretary of health\nand human services.\n (c) The use of an expedited process shall be required (i) in any\ncounty which has a population of four hundred thousand or more or which\nis wholly within a city and (ii) in any county which has a population of\nless than four hundred thousand and for which the state has not been\ngranted an exemption from the federal expedited process required by\nfederal statutes and regulations of the federal secretary of health and\nhuman services.\n (d) The chief administrator of the courts may request of the state\ncommissioner of social services that an exemption from use of an\nexpedited process as required by this section and section four hundred\nthirty-nine of this article in counties which are not wholly within a\ncity and which have a population of less than four hundred thousand be\napplied for from the federal secretary of health and human services\npursuant to federal statutes and regulations providing for waivers from\nthe federal expedited process requirements. The chief administrator of\nthe courts shall, upon making such a request, provide such information\nin the possession of the office of court administration which supports\nan exemption from use of an expedited process to the state commissioner\nof social services. Upon receipt of such a request from the chief\nadministrator of the courts, the state commissioner of social services\nwith the approval of the local commissioner of social services may apply\nto the federal secretary of health and human services for exemption from\nuse of an expedited process. If application for such exemption is made,\nthe state commissioner of social services shall, promptly upon receiving\nnotification from the federal department of health and human services,\ninform the chief administrator of the courts and the local commissioners\nof social services of the granting or denial of any such application.\n