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Assembly Bill A7260

Signed By Governor

2009-2010 Legislative Session

Grants poundage to the sheriff upon a settlement, when a property execution has been issued and the property has been levied against

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Archive: Last Bill Status - Signed by Governor

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2009-A7260 (ACTIVE) - Details

See Senate Version of this Bill:
S4088
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §8012, CPLR

2009-A7260 (ACTIVE) - Summary

Grants poundage to the sheriff upon a settlement, when a property execution has been issued and the property has been levied against.

2009-A7260 (ACTIVE) - Sponsor Memo

2009-A7260 (ACTIVE) - Bill Text download pdf 

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

                                  7260

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to  income
  and property executions

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

  Section 1. Paragraph 4 of subdivision (b) of section 8012 of the civil
practice law and rules, as added by chapter 441 of the laws of 2008,  is
amended to read as follows:
  4. Where a settlement is made (I) after service of an income [or prop-
erty]  execution  upon the debtor pursuant to subdivision (d) of section
fifty-two hundred thirty-one of  this  chapter  or  upon  the  garnishee
pursuant  to  subdivision (e) of section fifty-two hundred thirty-one of
this chapter, OR (II) AFTER ISSUANCE OF A PROPERTY EXECUTION PURSUANT TO
SECTION FIFTY-TWO HUNDRED  THIRTY  OF  THIS  CHAPTER  AND  LEVY  AGAINST
PERSONAL  OR REAL PROPERTY PURSUANT TO SECTION FIFTY-TWO HUNDRED THIRTY-
TWO OR FIFTY-TWO HUNDRED THIRTY-FIVE OF THIS  CHAPTER,  the  sheriff  is
entitled  to  poundage  upon  the  judgment amount or settlement amount,
whichever is less. Where an income or property execution is  vacated  or
set aside after levy, the sheriff is entitled to poundage upon the value
of  the  property levied upon, not exceeding the amount specified in the
execution, and the court may order the party liable therefor to pay  the
same to the sheriff.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after August 5, 2008.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10600-01-9

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