NY Pub Health L § 4139 (2021)
2021 New York Laws PBH - Public Health Article 41 - Vital Statistics Title 3-A - Filing of Certificates of Dissolution of Marriage 4139 - Certificates of Dissolution of Marriages to Be Filed With the Department; Duties of County Clerks in Connection Therewith.

§  4139. Certificates of dissolution of marriages to be filed with the   department; duties of county  clerks  in  connection  therewith.  1.  No   interlocutory  decree, judgment or order of divorce, annulment, or other   dissolution of marriage shall hereafter  be  filed  or  entered  in  the   office  of  any  county  clerk  of this state, unless there is submitted   therewith,  a  certificate  of  dissolution  of  marriage  on   a   form   prescribed,  printed  and  furnished  by the commissioner. Such form may   contain a confidential section for statistical  and  research  purposes.   Such  section  shall  not  be  subject  to  subpoena or to inspection by   persons other than the  commissioner  or  authorized  personnel  of  the   department. The commissioner may, however, pursuant to appropriate rules   assuring  that the identity of individuals will not be revealed, approve   the inspection and use of  such  confidential  sections  for  scientific   purposes.2.  Such  certificate  shall  contain  the  names and addresses of the   attorneys for the parties thereto, the names,  social  security  numbers   and  addresses  of the parties to the action, and such other information   as prescribed by the commissioner, including but  not  limited  to  such   information as may be requested by the federal agency in charge of vital   statistics.3. At such times as the commissioner shall direct, the county clerk of   each  county  shall  transmit  to  the  department  the  certificates of   dissolution of marriage so filed in his office for each case  where  the   decree  became  final  during  the previous months. Such certificates of   dissolution of marriage shall be kept on file and  properly  indexed  by   the department.4. A certified copy or certified transcript of such certificate may be   furnished to either party to the action by the commissioner. A certified   copy or certified transcript of such certificate may be furnished by the   commissioner to one other than a party to the action, only upon order of   a judge of a court of record, or a judge of a family court, granted upon   application of such other person, with or without notice, upon showing a   proper  or  judicial  necessity  therefor,  which  order  and the papers   accompanying same shall be filed  by  the  commissioner  and  given  the   indexed  number  of  the certificate of dissolution to which it relates.   The commissioner shall be deemed to have complied  with  the  applicable   provisions of this subdivision by the issuance of a certified transcript   of  the  desired  certificate instead of a certified copy thereof except   where the requester shall show, to the satisfaction of the  commissioner   or his designated representative, a demonstrated need for such certified   copy, or where a court order rendered pursuant to the provisions of this   subdivision  contains  an  express recital or direction therein that the   issuance of a certified transcript of  such  certificate  instead  of  a   certified  copy  thereof  shall  not  be  considered to be in compliance   therewith.5. Whenever in his opinion, information as to  the  dissolution  of  a   marriage   is  required  for  a  legal  or  other  proper  purpose,  the   commissioner may make a search of  the  files  and,  if  the  record  of   dissolution  of  marriage  is found, he may furnish to the applicant, in   the form of a certification, the names of the parties to  the  dissolved   marriage, the name of the county and county seat of such county in which   the  decree dissolving the marriage was granted, and the date the decree   was entered.6. The commissioner shall be entitled to a fee of thirty  dollars  for   each   certification,   certified   copy   or  certified  transcript  of   certificate of dissolution of marriage furnished.7. For a search of the files where no  such  certification,  certified   copy,  or certified transcript is furnished, or for a certification that    a  search  discloses  no  record  of  a  dissolution  of  marriage,  the   commissioner shall be entitled to a fee of thirty dollars.8.  Notwithstanding  any other provisions of this section, the federal   agency in charge of vital statistics may obtain from the department at a   fee acceptable to the commissioner,  information  from  certificates  of   dissolution  of  marriage for use solely as statistical data without the   order of a justice of the supreme court. For  other  official  purposes,   subject   to  the  provisions  of  subdivision  four  of  this  section,   certifications,  certified   copies,   or   certified   transcripts   of   certificates  of  dissolution  of  marriage  may  be furnished, at a fee   acceptable to the commissioner  upon  specific  request  therefor  by  a   department  of  the state of New York or of the government of the United   States.