Kings County Surrogate’s Court now allows attorneys to verify petitions on behalf of their clients where the client is not in the county where the attorney has their office, but the Court still requires that the petitioner sign the petition.
Pursuant to CPLR § 3020(d)(3), “if the party … is not in the county where the attorney has his office . . . the verification may be made by such … attorney.”
Despite the provisions of CPLR § 3020(d)(3), Kings County’s Petition Requirements previously required the “Notarized signature of the PETITIONER” in all circumstances.
I recently filed a petition both signed and verified by me, because my client was not in the count where I have my office. The Miscellaneous Department advised me that my verification of the pleading was authorized, but my client was still required to sign the petition.