|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2010||referred to codes|
|Jan 07, 2009||referred to codes|
senate Bill S175
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S175 (ACTIVE) - Details
S175 (ACTIVE) - Sponsor Memo
BILL NUMBER: S175 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to the issuance of income executions for distributive awards SUMMARY : This bill would amend CPLR 5241(a) to specifically provide that income executions are available in equitable distribution actions. JUSTIFICATION : The 1989 practice commentary by Professor David D. Siegel, in McKinney's Civil Practice Law and Rules, notes that pursuant to the case of MALONEY v. MALONEY, 140 Misc. 852, 532 N.Y.2d 203 (Sup. Ct., Richmond County, July 27, 1988), the facilitated procedures of "support" obligation. A money obligation emanating from an equitable distribution award but not qualifying as a support obligation is not eligible. It has to go through other procedures and, as far as an income execution is concerned, depend on CPLR 5231 ("Income executions"). The court says that if these other procedures are not as "swift, expeditious, or immediate" as the CPLR 5241 device, that is a circumstance the legislature has to address. This bill would respond to the Court's suggestion by specifically providing that income executions are appropriate devices to employ in equitable distribution actions.
S175 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 175 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. KRUGER -- 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 the issuance of income executions for distributive awards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision (a) of section 5241 of the civil practice law and rules, as amended by chapter 398 of the laws of 1997, is amended to read as follows: 1. "Order of support" means any temporary or final order, judgment, agreement or stipulation incorporated by reference in such judgment or decree in a matrimonial action or family court proceeding, or any foreign support order, judgment or decree, registered pursuant to arti- cle five-B of the family court act which directs the payment of alimony, maintenance, support [or], child support OR A DISTRIBUTIVE AWARD. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02690-01-9
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