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Title of bill
An act to amend the civil practice law and rules, in relation to the issuance of income executions for distributive awards
Summary
This bill would amend CPLR 5241(a) to specifically provide that income executions are available in equitable distribution actions.
Justification
The 1989 practice commentary by Professor David D. Siegel, in McKinney's Civil Practice Law and Rules, notes that pursuant to the case of MALONEY v. MALONEY, 140 Misc. 852, 532 N.Y.2d 203 (Sup. Ct., Richmond County, July 27, 1988), the facilitated procedures of "support" obligation. A money obligation emanating from an equitable distribution award but not qualifying as a support obligation is not eligible. It has to go through other procedures and, as far as an income execution is concerned, depend on CPLR 5231 ("Income executions"). The court says that if these other procedures are not as "swift, expeditious, or immediate" as the CPLR 5241 device, that is a circumstance the legislature has to address. This bill would respond to the Court's suggestion by specifically providing that income executions are appropriate devices to employ in equitable distribution actions.
Fiscal implication
None.
EFFECTIVE DATE This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.