N.Y. Comp. Codes R. & Regs. tit. 22 § 208.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 208.4 - [Effective 12/2/2024] Papers Filed in Court

(a) Index Number; Form; Label

The party causing the first paper to be filed shall obtain an index number and communicate it forthwith to all other parties to the action. Thereafter such number shall appear on the outside cover and first page, to the right of the caption, of every paper tendered for filing in the action. Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper. In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least a double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. In addition, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides. Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind.

(b) Omission or Redaction of Confidential Personal Information in Civil Actions and Proceedings.

(1) Except for any action or proceeding arising under the Vehicle and Traffic Law, or prosecution of a violation of an ordinance of a city, town or village, or in a petition for change of name under the Civil Rights Law, or as otherwise provided by rule or law or court order, and whether or not a sealing order is or has been sought, the parties shall omit or redact confidential personal information in papers submitted to the court for filing. For purposes of this rule, confidential personal information ("CPI") means:

i. the taxpayer identification number of an individual or an entity, including a social security number, an employer identification number, and an individual taxpayer identification number, except the last four digits thereof;

ii. the date of an individual's birth, except the year thereof;

iii. the full name of an individual known to be a minor, except the minor's initials; and

iv. a financial account number, including a credit and/or debit card number, a bank account number, an investment account number, and/or an insurance account number, except the last four digits or letters thereof.

(2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such information redacted; order the clerk to seal the papers or a portion thereof containing CPI in accordance with the requirement of 22 NYCRR § 216.1 that any sealing be no broader than necessary to protect the CPI; for good cause permit the inclusion of CPI in papers; order a party to file an unredacted copy under seal for in camera review; or determine that information in a particular action is not confidential. The court shall consider the pro se status of any party in granting relief pursuant to this provision.

(3) Where a person submitting a paper to a court for filing believes in good faith that the inclusion of the full confidential personal information described in subparagraphs (i) to (iv) of paragraph (1) of this subdivision is material and necessary to the adjudication of the action or proceeding before the court, he or she may apply to the court for leave to serve and file together with a paper in which such information has been set forth in abbreviated form a confidential affidavit or affirmation setting forth the same information in unabbreviated form, appropriately referenced to the page or pages of the paper at which the abbreviated form appears.

(4) The redaction requirement does not apply to the last four digits of the relevant account numbers, if any, in an action arising out of a consumer credit transaction, as defined in subdivision (f) of section one hundred five of the civil practice law and rules. In the event the defendant appears in such an action the defendant may without leave of court submit papers disclosing full account numbers to the extent necessary to ensure that an order or judgment issued by the court contains proof satisfactory to a credit reporting agency. In the event the defendant appears in such an action and denies responsibility for the identified account, the plaintiff may without leave of court amend his or her pleading to add full account or CPI by (i) submitting such amended paper to the court on written notice to defendant for in camera review or (ii) filing such full account or other CPI under seal in accordance with rules promulgated by the chief administrator of the courts.

(5) Whenever an application is submitted to a court seeking a change of name pursuant to Civil Rights Law Article 6, change of sex designation pursuant to Civil Rights Law Article 6- a, or both forms of relief in a combined application, then:

i. the application shall be immediately deemed sealed upon filing;

ii. the clerk of the court shall take all reasonable steps necessary to seal and safeguard the applicant's current name, proposed new name, current sex designation, proposed new sex designation, residential and business addresses, telephone numbers, and any other information contained in any pleadings or papers submitted to the court in connection with the application to prevent inadvertent or unauthorized use or disclosure while the matter is pending, including, but not limited, ensuring that such an application proceeds with an anonymous caption, until a determination or further order is issued by the Court;

iii. where such application is sealed, the clerk of the court shall not allow any person, other than the party or the attorney or counsel for the party, to access the application, except by order of the Court; and

iv. prior to the entry of a final determination or order on such an application, the Court must decide whether any legal basis is present so as to support maintaining the sealing imposed in accordance with this rule, and, where an application and/or any document submitted in support of it will not remain sealed, the Court should order the applicant to submit a complete copy of the application with all confidential personal information redacted and/or removed in accordance with Rule 208.4(b) if the applicant has not done so before any unsealing order takes effect.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 208.4

Amended New York State Register February 3, 2016/Volume XXXVIII, Issue 05, eff. 4/1/2016

Amended New York State Register October 23, 2024/Volume XLVI, Issue 43, eff. 12/2/2024