S T A T E O F N E W Y O R K
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7141
I N S E N A T E
April 30, 2014
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to payment
or delivery of property of judgment debtor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions (a) and (b) of section 5225 of the civil prac-
tice law and rules, subdivision (b) as amended by chapter 388 of the
laws of 1964 and such section as renumbered by chapter 315 of the laws
of 1962, are amended to read as follows:
(a) Property in the possession of judgment debtor. Upon motion of the
judgment creditor, upon notice to the judgment debtor, where it is shown
that the judgment debtor is in possession [or], custody OR CONTROL of
money or other personal property in which he OR SHE has an interest, the
court shall order that the judgment debtor pay the money, or so much of
it as is sufficient to satisfy the judgment, to the judgment creditor
and, if the amount to be so paid is insufficient to satisfy the judg-
ment, to deliver any other personal property, or so much of it as is of
sufficient value to satisfy the judgment, to a designated sheriff.
Notice of the motion shall be served on the judgment debtor in the same
manner as a summons or by registered or certified mail, return receipt
requested.
(b) Property not in the possession of judgment debtor. Upon a special
proceeding commenced by the judgment creditor, against a person in
possession [or], custody OR CONTROL of money or other personal property
in which the judgment debtor has an interest, or against a person who is
a transferee of money or other personal property from the judgment
debtor, where it is shown that the judgment debtor is entitled to the
possession of such property or that the judgment creditor's rights to
the property are superior to those of the transferee, the court shall
require such person to pay the money, or so much of it as is sufficient
to satisfy the judgment, to the judgment creditor and, if the amount to
be so paid is insufficient to satisfy the judgment, to deliver any other
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13637-01-4
S. 7141 2
personal property, or so much of it as is of sufficient value to satisfy
the judgment, to a designated sheriff. Costs of the proceeding shall not
be awarded against a person who did not dispute the judgment debtor's
interest or right to possession. Notice of the proceeding shall also be
served upon the judgment debtor in the same manner as a summons or by
registered or certified mail, return receipt requested. The court may
permit the judgment debtor to intervene in the proceeding. The court may
permit any adverse claimant to intervene in the proceeding and may
determine his OR HER rights in accordance with section 5239 OF THIS
ARTICLE.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.