Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 30, 2010 |
signed chap.427 |
Aug 18, 2010 |
delivered to governor |
Jun 17, 2010 |
returned to assembly passed senate |
Jun 08, 2010 |
3rd reading cal.712 substituted for s4536 |
Jun 08, 2010 |
substituted by a6922 |
Jun 07, 2010 |
advanced to third reading |
Jun 03, 2010 |
2nd report cal. |
Jun 02, 2010 |
1st report cal.712 |
Jan 06, 2010 |
referred to codes |
Apr 24, 2009 |
referred to codes |
Senate Bill S4536
Signed By Governor2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
Votes
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) - Sponsor Memo
BILL NUMBER: S4536 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to enforcement of state court judgments This measure is proposed by the Chief Administrative Judge to make a technical amendment necessary to uphold the primacy of State court judgments against evasion by strategic bankruptcy actions. Matrimonial and commercial actions in State courts routinely result in awards of real property interests. In these cases, current practice often creates a brief delay between the time a court makes the property award (whether orally on the record or in writing) and the time the prevailing party reduces the award to final judgment thereafter docketed in the county where the property is located. Because docketing effectuates legal ownership and the docketing date determines the seniority of competing property interests (see CPLR 5203{a}), this brief delay invites mischief that can subvert the very property interests being litigated. One especially disturbing development - and the problem this measure seeks to redress - is that losing parties in such cases can file a strategic bankruptcy petition during this window to delay if not functionally nullify the property award. This result derogates the integrity of State court judgments, invites costly and time-consuming collateral litigation, unfairly can give losing parties a second bite at the apple and can upend the administration of justice in already sensitive cases.
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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