Section 254. Confidentiality  


Latest version.
  • 1. Notwithstanding any other provision of law,
      in any proceeding for custody, divorce, separation or annulment, whether
      or not an order of protection or temporary order of protection is sought
      or  has  been  sought in the past, the court may, upon its own motion or
      upon the motion of any party or the law guardian, authorize any party or
      the child to keep his or her address confidential from any adverse party
      or the child, as appropriate, in any pleadings or other papers submitted
      to the court, where the court finds that the disclosure of  the  address
      or  other identifying information would pose an unreasonable risk to the
      health or safety of a party or the child. Pending such  a  finding,  any
      address  or  other identifying information of the child or party seeking
      confidentiality shall be safeguarded and sealed in order to prevent  its
      inadvertent or unauthorized use or disclosure.
        2.  Notwithstanding  any other provision of law, if a party or a child
      has resided or resides in a residential program for victims of  domestic
      violence  as  defined in section four hundred fifty-nine-a of the social
      services law, the present address of the party and  the  child  and  the
      address  of  the  residential  program  for victims of domestic violence
      shall not be revealed.
        3. Upon authorization as provided in subdivision one of this  section,
      the  identifying  information shall be sealed and shall not be disclosed
      in any pleading or other document  filed  in  a  proceeding  under  this
      article.  The court shall designate the clerk of the court or such other
      disinterested person as it  deems  appropriate,  with  consent  of  such
      disinterested  person, as the agent for service of process for the party
      whose address is to remain confidential and  shall  notify  the  adverse
      party  of such designation in writing. The clerk or disinterested person
      designated by the court shall, when served with process or other  papers
      on behalf of the party whose address is to remain confidential, promptly
      notify  such  party  whose address is to remain confidential and forward
      such 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 clerk
      of  the  court  or  disinterested  person designated by the court of any
      change in address for purposes of receipt of service or process  or  any
      papers.