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This entry was published on 2014-09-22
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SECTION 5221
Where enforcement proceeding commenced
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52
§ 5221. Where enforcement proceeding commenced. (a) Court and county
in which proceeding commenced. 1. If the judgment sought to be enforced
was entered in the city court of any city outside the city of New York,
and the respondent resides or is regularly employed or has a place for
the regular transaction of business in person within the county in which
the court is or was located, a special proceeding authorized by this
article shall be commenced in that court or in the county court of that
county.

2. If the judgment sought to be enforced was entered in a district
court, or by a justice of the peace whose office has been or is by law
to be abolished and whose jurisdiction has been or is by law to be
superseded by a district court, and the respondent resides or is
regularly employed or has a place for the regular transaction of
business in person within the county in which such district court is
established, a special proceeding authorized by this article shall be
commenced in such district court.

3. If the judgment sought to be enforced was entered in the municipal
court of the city of New York, the city court of the city of New York or
the civil court of the city of New York, and the respondent resides or
is regularly employed or has a place for the regular transaction of
business in person within that city, a special proceeding authorized by
this article shall be commenced in the civil court of the city of New
York.

4. In any other case, if the judgment sought to be enforced was
entered in any court of this state, a special proceeding authorized by
this article shall be commenced, either in the supreme court or a county
court, in a county in which the respondent resides or is regularly
employed or has a place for the regular transaction of business in
person or, if there is no such county, in any county in which he may be
served or the county in which the judgment was entered.

5. If no court in which a special proceeding authorized by this
article could be commenced is in session, the special proceeding may be
commenced in the supreme court or a county court in any county within
the judicial district in which the proceeding could otherwise be
commenced or in any county adjoining the county in which the proceeding
could otherwise be commenced.

(b) Notices, subpoenas and motions. A notice or subpoena authorized
by this article may be issued from, and a motion authorized by this
article may be made before, any court in which a special proceeding
authorized by this article could be commenced if the person served with
the notice, subpoena or notice of motion were respondent.