Bill Text: NY A02270 | 2021-2022 | General Assembly | Introduced

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Bill Title: Enacts the court order protection act.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A02270 Detail]

Download: New_York-2021-A02270-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2270

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M.  of A. HAWLEY, SALKA -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the civil practice law and rules, in relation to  enact-
          ing the court order protection act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may  be  cited  as  the  "court
     2  order protection act".
     3    § 2. Rule 5016 of the civil practice law and rules, subdivision (d) as
     4  amended  by  chapter  93  of  the  laws  of  1970, is amended to read as
     5  follows:
     6    Rule 5016. Entry of judgment. (a) What constitutes entry.  A  judgment
     7  is  entered  when, after it has been signed by the clerk, it is filed by
     8  him.
     9    (b) Judgment upon verdict.   Judgment upon the general  verdict  of  a
    10  jury  after  a  trial  by jury as of right shall be entered by the clerk
    11  unless the court otherwise directs; if there is a special  verdict,  the
    12  court shall direct entry of an appropriate judgment.
    13    (c)  Judgment upon decision.  Judgment upon the decision of a court or
    14  a referee to determine shall be entered by the clerk as directed  there-
    15  in.    When  relief  other  than for money or costs only is granted, the
    16  court or referee shall, on motion, determine the form of the judgment.
    17    (d) Period of entry. Judgment must be entered immediately  upon  issu-
    18  ance.
    19    (e)  Documentation  of  payment. The chief administrative judge of the
    20  state of New York will create a document that outlines payment of awards
    21  ordered by courts of the state. The document will  then  be  distributed
    22  electronically, or by other means as determined by the chief administra-
    23  tive judge, for use by courts of the state.
    24    (f)  After  death of party.   No verdict or decision shall be rendered
    25  against a deceased party, but if a party dies before entry  of  judgment

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02164-01-1
        A. 2270                             2

     1  and  after  a verdict, decision or accepted offer to compromise pursuant
     2  to rule 3221, judgment shall be entered in the  names  of  the  original
     3  parties  unless  the  verdict,  decision  or  offer is set aside.   This
     4  provision  shall  not  bar  dismissal of an action or appeal pursuant to
     5  section 1021.
     6    [(e)] (g) Final judgment  after  interlocutory  judgment.    Where  an
     7  interlocutory  judgment  has  been  directed, a party may move for final
     8  judgment when he becomes entitled thereto.
     9    § 3. Subdivision (e) of rule 5016 of the civil practice law and rules,
    10  as added by section one of this act, is amended to read as follows:
    11    (e) Documentation of payment. 1. The chief administrative judge of the
    12  state of New York will create a document that outlines payment of awards
    13  ordered by courts of the state. The document will  then  be  distributed
    14  electronically, or by other means as determined by the chief administra-
    15  tive judge, for use by courts of the state.
    16    2.  Upon  the  issuance  of  a court order, and the immediate entry of
    17  judgment, in any court of the state of New York, in the case where money
    18  damages of any kind  are  awarded  to  either  party,  the  debtor  must
    19  complete  a document issued and signed by both the plaintiff and defend-
    20  ant, notarized and kept on file  with  the  court  that  indicates  that
    21  either immediate payment is being made, that a definitive payment sched-
    22  ule  is  being arranged, or that payment will be made in either of these
    23  forms after the completion of the appeals process.
    24    § 4. This act shall take effect immediately; provided that the  amend-
    25  ments  to  subdivision  (e)  of  rule 5016 of the civil practice law and
    26  rules made by section three of this act shall take effect 90 days  after
    27  this act shall have become a law.