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N.Y. Domestic Relations Law § 254

N.Y. Domestic Relations Law § 254 - Confidentiality (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. Domestic Relations Law § 254, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 254 — Confidentiality. 1 DRL § 254 Confidentiality. 1 ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 254. Confidentiality. 1. Notwithstanding any other provision oflaw, in any proceeding for custody, divorce, separation or annulment,whether or not an order of protection or temporary order of protectionis sought or has been sought in the past, the court may, upon its ownmotion or upon the motion of any party or the attorney for the child,authorize any party or the child to keep his or her address confidentialfrom any adverse party or the child, as appropriate, in any pleadings orother papers submitted to the court, where the court finds that thedisclosure of the address or other identifying information would pose anunreasonable risk to the health or safety of a party or the child.Pending such a finding, any address or other identifying information ofthe child or party seeking confidentiality shall be safeguarded andsealed in order to prevent its inadvertent or unauthorized use ordisclosure.2. Notwithstanding any other provision of law, if a party or a childhas resided or resides in a residential program for victims of domesticviolence as defined in section four hundred fifty-nine-a of the socialservices law, the present address of the party and the child and theaddress of the residential program for victims of domestic violenceshall not be revealed.3. Upon authorization as provided in subdivision one of this section,the identifying information shall be sealed and shall not be disclosedin any pleading or other document filed in a proceeding under thisarticle. The court shall designate the clerk of the court or such otherdisinterested person as it deems appropriate, with consent of suchdisinterested person, as the agent for service of process for the partywhose address is to remain confidential and shall notify the adverseparty of such designation in writ iate, with consent of suchdisinterested person, as the agent for service of process for the partywhose address is to remain confidential and shall notify the adverseparty of such designation in writing. The clerk or disinterested persondesignated by the court shall, when served with process or other paperson behalf of the party whose address is to remain confidential, promptlynotify such party whose address is to remain confidential and forwardsuch process or papers to him or her.4. In any case in which such a confidentiality authorization is made,the party whose address is to remain confidential shall inform the clerkof the court or disinterested person designated by the court of anychange in address for purposes of receipt of service or process or anypapers. Source: NYSenate.gov Open Legislation | Laws of New York Page 1