Senate Bill S4536

Signed By Governor
2009-2010 Legislative Session

Relates to the enforcement of state court judgments

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A6922 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S4536 (ACTIVE) - Details

See Assembly Version of this Bill:
A6922
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5203, CPLR

2009-S4536 (ACTIVE) - Summary

Relates to the enforcement of state court judgments; provides that such judgment shall be deemed entered and docketed on the day immediately preceding the date of such determination for the purpose of establishing the priority against a judicial lien on such property.

2009-S4536 (ACTIVE) - Sponsor Memo

2009-S4536 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4536

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by Sen. SAMPSON -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Codes

AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
  enforcement of state court judgments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5203 of the civil practice law and rules is amended
by adding a new subdivision (c) to read as follows:
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE A COURT MAKES AN
ORAL  OR  WRITTEN  DETERMINATION  ON THE RECORD AWARDING OWNERSHIP OF AN
INTEREST IN REAL PROPERTY, AND A  JUDGMENT  EFFECTUATING  SUCH  DETERMI-
NATION  IS  DOCKETED WITH THE CLERK OF THE COUNTY IN WHICH SUCH PROPERTY
IS LOCATED NOT LATER THAN THIRTY DAYS THEREAFTER, SUCH  JUDGEMENT  SHALL
BE DEEMED ENTERED AND DOCKETED ON THE DAY IMMEDIATELY PRECEDING THE DATE
OF  SUCH  DETERMINATION SOLELY FOR PURPOSES OF ESTABLISHING THE PRIORITY
THEREOF AGAINST A JUDICIAL LIEN ON SUCH PROPERTY CREATED UPON THE SIMUL-
TANEOUS OR LATER FILING OF A PETITION  IN  BANKRUPTCY  PURSUANT  TO  THE
UNITED STATES BANKRUPTCY CODE, AS AMENDED.
  S  2.  This  act  shall take effect immediately and shall apply to all
actions and proceedings pending or commenced on or after such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09222-01-9


              

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