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This entry was published on 2014-09-22
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Court and trust fund register
§ 530. Court and trust fund register. Each county clerk shall keep a
book to be known as a court and trust fund register to be used solely as
a record of moneys and securities paid, transferred, or deposited, or
ordered to be so paid, transferred, or deposited into the courts of
which he is clerk. Upon the filing in his office of any judgment, order,
or decree directing the payment, transfer, or deposit of moneys or
securities into court, the amount thereof being stated, or determinable
upon the happening of the contingency expressed in said judgment, order
or decree; or upon the filing in his office of any report of a referee
or other person, or any receipt, or any other paper or record, from
which it appears that moneys or securities have been or should be
deposited into court pursuant to any judgment, order, or decree, or any
provision of law; or upon the receipt by any such clerk of moneys or
securities which may be deposited into court, by any provision of law,
without a court order, the clerk shall promptly enter in his court and
trust fund register (1) the name of the court directing the deposit, or
the source of the receipt if deposited without a court order, (2) the
title of the action or proceeding, (3) the amount of money or nature and
description of securities deposited or ordered to be deposited into
court, if stated, (4) a statement of any contingency expressed in the
judgment, order, or decree upon the happening of which the amount
required to be deposited shall be determinable, (5) the names of the
persons by whom and for whom the deposit is made, or ordered to be made,
if stated, and the purpose for which the deposit is made, or ordered to
be made, (6) the date and nature of each instrument, report, receipt,
record or other paper indicating moneys or securities deposited or to be
deposited into court, and the date of filing the same. Such moneys and
securities shall be paid to the county treasurer pursuant to article
twenty-six of the civil practice law and rules upon receipt being given
therefor. For failure to maintain such a register in accordance with the
provisions of this section, a county clerk shall be liable to a penalty
of two hundred fifty dollars, to be recovered by the state comptroller
in an action brought in his name as such comptroller and such penalty,
together with statutory costs, shall be paid to the state comptroller,
except that the foregoing shall apply only if the judgment, order or
decree directing payment into court shall contain, immediately following
the caption of the particular matter to which it relates, in capital
letters the words "Judgment Directs Payment Into Court" or other
appropriate language of similar import, sufficient to apprise the county
clerk or his assistant that entry in the court and trust fund register
with regard thereto is required.