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This entry was published on 2014-09-22
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Payment of property paid into court
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 26
Rule 2607. Payment of property paid into court. No property paid into
court, or income from such property, shall be paid out except upon order
of the court directing payment to a specified person, except that if the
property so paid into court, or the income from such property, inclusive
of interest, does not exceed fifty dollars, a county treasurer may pay
the same, without a court order, to the person entitled thereto or his
authorized attorney. When the whole or remaining balance of all payments
of money into court in an action, or the whole or remaining balance of a
distributive share thereof, or any security or other property, is
directed to be paid out of court, the order must direct the payment of
all accrued income belonging to the party to whom such money or
distributive share or remaining balance thereof, or security or other
property is paid. A certified copy of the order directing payment shall
be delivered to the county treasurer or other custodian of the property.
The custodian, in the case of money, shall draw a draft payable to the
order of the party entitled thereto specifying the title of the cause or
matter on account of which the draft is made and the date of the order
authorizing the draft. A certified copy of the order, accompanied by a
draft in the case of money, shall be delivered to the depository of the
property before it shall pay out any property. If an order directs that
periodic payments be made, the filing of one copy of the order shall be
sufficient to authorize the payment of subsequent drafts in pursuance
thereof. Any other provision of law to the contrary notwithstanding, if
an order directing payment by the county treasurer is made by the court,
the copy of the order to be delivered to the county treasurer and the
depository as herein provided shall be certified by the clerk of the
court to be a true copy of the original of such order on file in his