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Assembly Bill A5032A

2011-2012 Legislative Session

Excludes certain judgments, orders or decrees issued in a matrimonial action from a stay of enforcement without a court order

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2011-A5032 - Details

Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5519, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A4591
2013-2014: A6257
2015-2016: A6370
2017-2018: A6774
2019-2020: A6528
2021-2022: A3170
2023-2024: A5635
2025-2026: A6212

2011-A5032 - Summary

Excludes certain judgments, orders or decrees issued in a matrimonial action from a stay of enforcement without a court order.

2011-A5032 - Bill Text download pdf 

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

                                  5032

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced  by  M. of A. COOK -- read once and referred to the Committee
  on Codes

AN ACT to amend the civil practice law and rules, in relation to  statu-
  tory stays on appeal in certain cases

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

  Section 1. Subdivision (a) of section 5519 of the civil  practice  law
and  rules  is  amended  by  adding  a  new closing paragraph to read as
follows:
  NOTWITHSTANDING THE FOREGOING,  THE  PROVISIONS  OF  THIS  SUBDIVISION
SHALL  NOT  APPLY TO A JUDGMENT, ORDER OR DECREE ISSUED IN A MATRIMONIAL
ACTION THAT INCLUDES PROVISIONS FOR MAINTENANCE  OR  CHILD  SUPPORT,  AS
THOSE  TERMS ARE DEFINED IN SECTION TWO HUNDRED THIRTY-SIX OF THE DOMES-
TIC RELATIONS LAW.
  S 2. This act shall take effect immediately and  shall  apply  to  all
matrimonial  actions  whenever commenced; except that, where enforcement
of a judgment, order or decree has been stayed pursuant  to  subdivision
(a)  of  section  5519 of the civil practice law and rules prior to such
effective date, such stay shall continue in effect  in  accordance  with
law then in effect.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02445-01-1

2011-A5032A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5519, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A4591
2013-2014: A6257
2015-2016: A6370
2017-2018: A6774
2019-2020: A6528
2021-2022: A3170
2023-2024: A5635
2025-2026: A6212

2011-A5032A (ACTIVE) - Summary

Excludes certain judgments, orders or decrees issued in a matrimonial action from a stay of enforcement without a court order.

2011-A5032A (ACTIVE) - Bill Text download pdf 

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

                                 5032--A
                                                            R. R. 87

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced  by  M. of A. COOK -- read once and referred to the Committee
  on Codes -- amended on the special order  of  third  reading,  ordered
  reprinted  as  amended,  retaining  its  place on the special order of
  third reading

AN ACT to amend the civil practice law and rules, in relation to  statu-
  tory stays on appeal in certain cases

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

  Section 1. Subdivision (a) of section 5519 of the civil  practice  law
and  rules  is  amended  by  adding  a  new closing paragraph to read as
follows:
  NOTWITHSTANDING THE FOREGOING,  THE  PROVISIONS  OF  THIS  SUBDIVISION
SHALL  NOT  APPLY  TO  THE MAINTENANCE, SPOUSAL SUPPORT OR CHILD SUPPORT
PROVISIONS, AS DEFINED IN ARTICLE THIRTEEN OF THE DOMESTIC RELATIONS LAW
AND IN ARTICLES FOUR, FIVE AND FIVE-B OF THE  FAMILY  COURT  ACT,  OF  A
JUDGMENT, ORDER OR DECREE.
  S  2.  This  act  shall take effect immediately and shall apply to all
matrimonial actions whenever commenced; except that,  where  enforcement
of  a  judgment, order or decree has been stayed pursuant to subdivision
(a) of section 5519 of the civil practice law and rules  prior  to  such
effective  date,  such  stay shall continue in effect in accordance with
law then in effect.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02445-02-2

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