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Who cares
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Sponsors
No co-sponsors yet.
History
- Substituted by A7260
- Ordered to third reading cal.777
- Committee discharged and committed to rules
- Referred to codes
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
Signed by Governor · Sponsor Helene Weinstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 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.
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.