What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Signed chap.381
- Delivered to governor
- Returned to assembly
- Passed senateVote 58–0
- 3rd reading cal.777
- Substituted for S4088
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.243
- Rules report cal.243
- Reported
Show 2 earlier actions
- Reported referred to rules
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Grants poundage to the sheriff upon a settlement, when a property execution has been issued and the property has been levied against
Senate Floor Calendar · Sponsor John L. Sampson
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A7260
Title of bill
An act to amend the civil practice law and rules, in relation to income and property executions
Purpose of bill
To clarify the particular steps necessary to be undertaken in the property execution context which must occur before the sheriff is entitled to poundage fees after settlement of an action.
Summary of provisions
§1 amends paragraph 4 of §8012 (b) of the civil practice law and rules relating to the rules relating to poundage fees where settlements are made after service of an income or property execution or where an income or property execution is vacated or set aside after levy.
§2 is the bill's effective date.
Justification
This legislation is meant as a simplification and clarification to the existing law as it relates to poundage fees collected by the Sheriff. This clarification of the law will result in less confusion and disputes as to when poundage is due. Under current law, the courts have interpreted this section in several ways leading to confusion among courts and attorneys. (See in the matter of International Distributing Export Co., Inc. 219 F. Supp. 412, 1963).
This bill provides some omitted CPLR sections regarding property executions which should have been included in Chapter 441 of the Laws of 2008.
Legislative history
New bill, 2009.
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.