S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1864
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  HAWLEY,  ANGELINO, GALLAHAN -- read once and
   referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  enact-
   ing the court order protection act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may  be  cited  as  the  "court
 order protection act".
   § 2. Rule 5016 of the civil practice law and rules, subdivision (d) as
 amended  by  chapter  93  of  the  laws  of  1970, is amended to read as
 follows:
   Rule 5016. Entry of judgment. (a) What constitutes entry.  A  judgment
 is  entered  when, after it has been signed by the clerk, it is filed by
 him.
   (b) Judgment upon verdict.   Judgment upon the general  verdict  of  a
 jury  after  a  trial  by jury as of right shall be entered by the clerk
 unless the court otherwise directs; if there is a special  verdict,  the
 court shall direct entry of an appropriate judgment.
   (c)  Judgment upon decision.  Judgment upon the decision of a court or
 a referee to determine shall be entered by the clerk as directed  there-
 in.    When  relief  other  than for money or costs only is granted, the
 court or referee shall, on motion, determine the form of the judgment.
   (d) PERIOD OF ENTRY. JUDGMENT MUST BE ENTERED IMMEDIATELY  UPON  ISSU-
 ANCE.
   (E)  DOCUMENTATION  OF  PAYMENT. THE CHIEF ADMINISTRATIVE JUDGE OF THE
 STATE OF NEW YORK WILL CREATE A DOCUMENT THAT OUTLINES PAYMENT OF AWARDS
 ORDERED BY COURTS OF THE STATE. THE DOCUMENT WILL  THEN  BE  DISTRIBUTED
 ELECTRONICALLY, OR BY OTHER MEANS AS DETERMINED BY THE CHIEF ADMINISTRA-
 TIVE JUDGE, FOR USE BY COURTS OF THE STATE.
   (F)  After  death of party.   No verdict or decision shall be rendered
 against a deceased party, but if a party dies before entry  of  judgment

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00068-01-3
              

 A. 1864                             2
 
 and  after  a verdict, decision or accepted offer to compromise pursuant
 to rule 3221, judgment shall be entered in the  names  of  the  original
 parties  unless  the  verdict,  decision  or  offer is set aside.   This
 provision  shall  not  bar  dismissal of an action or appeal pursuant to
 section 1021.
   [(e)] (G) Final judgment  after  interlocutory  judgment.    Where  an
 interlocutory  judgment  has  been  directed, a party may move for final
 judgment when he becomes entitled thereto.
   § 3. Subdivision (e) of rule 5016 of the civil practice law and rules,
 as added by section one of this act, is amended to read as follows:
   (e) Documentation of payment. 1. The chief administrative judge of the
 state of New York will create a document that outlines payment of awards
 ordered by courts of the state. The document will  then  be  distributed
 electronically, or by other means as determined by the chief administra-
 tive judge, for use by courts of the state.
   2.  UPON  THE  ISSUANCE  OF  A COURT ORDER, AND THE IMMEDIATE ENTRY OF
 JUDGMENT, IN ANY COURT OF THE STATE OF NEW YORK, IN THE CASE WHERE MONEY
 DAMAGES OF ANY KIND  ARE  AWARDED  TO  EITHER  PARTY,  THE  DEBTOR  MUST
 COMPLETE  A DOCUMENT ISSUED AND SIGNED BY BOTH THE PLAINTIFF AND DEFEND-
 ANT, NOTARIZED AND KEPT ON FILE  WITH  THE  COURT  THAT  INDICATES  THAT
 EITHER IMMEDIATE PAYMENT IS BEING MADE, THAT A DEFINITIVE PAYMENT SCHED-
 ULE  IS  BEING ARRANGED, OR THAT PAYMENT WILL BE MADE IN EITHER OF THESE
 FORMS AFTER THE COMPLETION OF THE APPEALS PROCESS.
   § 4. This act shall take effect immediately; provided that the  amend-
 ments  to  subdivision  (e)  of  rule 5016 of the civil practice law and
 rules made by section three of this act shall take effect 90 days  after
 this act shall have become a law.