Senate Bill S7332

Signed By Governor
2013-2014 Legislative Session

Provides that court withdrawal actions must be commenced in the court which had original jurisdiction of the underlying matter

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A9577 - 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

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2013-S7332 (ACTIVE) - Details

See Assembly Version of this Bill:
A9577
Law Section:
Abandoned Property Law
Laws Affected:
Amd §1406, Ab Prop L

2013-S7332 (ACTIVE) - Summary

Provides that court withdrawal actions must be commenced in the court which had original jurisdiction of the underlying matter and increases the threshold claim amount.

2013-S7332 (ACTIVE) - Sponsor Memo

2013-S7332 (ACTIVE) - Bill Text download pdf

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

                                  7332

                            I N  S E N A T E

                              May 13, 2014
                               ___________

Introduced  by Sen. DeFRANCISCO -- (at request of the State Comptroller)
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Finance

AN ACT to amend the abandoned property law, in  relation  to  withdrawal
  actions

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

  Section 1. Subdivision 2 of section 1406  of  the  abandoned  property
law,  as  amended  by  section  5 of part P of chapter 62 of the laws of
2003, is amended to read as follows:
  2. (a) Claim in the amount or value of [five] TEN thousand dollars  or
more for any abandoned property heretofore paid to the state pursuant to
section  forty-four  of  chapter  fifty-eight  of  the  laws of nineteen
hundred nine or as such section  was  amended  by  chapter  two  hundred
seventeen  of  the laws of nineteen hundred thirty-three and chapter two
hundred thirty-one of the laws  of  nineteen  hundred  thirty-eight,  or
hereafter  paid  to  the  state comptroller pursuant to paragraph (a) of
subdivision one of section six hundred of this chapter,  may  be  estab-
lished only on order of the court which had original jurisdiction of the
underlying  matter,  after  service of notice upon the state comptroller
and upon due notice to all parties to the  action  or  proceeding  which
resulted  in  the  monies being paid into court. [Any other provision of
law to the contrary notwithstanding] SUCH COURT WITHDRAWAL ACTION  SHALL
BE  COMMENCED IN THE COURT WHICH HAD ORIGINAL JURISDICTION OF THE UNDER-
LYING MATTER USING THE COURT  INDEX  NUMBER  OF  SUCH  ORIGINAL  ACTION.
NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, NO SUCH
WITHDRAWAL ACTION SHALL BE BROUGHT AS A SPECIAL PROCEEDING  AGAINST  THE
STATE  COMPTROLLER.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE
CONTRARY, if an order directing payment by the state comptroller is made
by the court, the claimant or the claimant's attorney shall  serve  upon
the state comptroller a copy thereof, duly certified by the clerk of the
court  to  be  a  true copy of the original of such order on file in the
clerk's office.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13690-02-4
              

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