Bill Text: NY A05032 | 2011-2012 | General Assembly | Introduced


Bill Title: Excludes certain judgments, orders or decrees issued in a matrimonial action from a stay of enforcement without a court order.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-18 - REFERRED TO RULES [A05032 Detail]

Download: New_York-2011-A05032-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5032
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2011
                                      ___________
       Introduced  by  M. of A. COOK -- read once and referred to the Committee
         on Codes
       AN ACT to amend the civil practice law and rules, in relation to  statu-
         tory stays on appeal in certain cases
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision (a) of section 5519 of the civil  practice  law
    2  and  rules  is  amended  by  adding  a  new closing paragraph to read as
    3  follows:
    4    NOTWITHSTANDING THE FOREGOING,  THE  PROVISIONS  OF  THIS  SUBDIVISION
    5  SHALL  NOT  APPLY TO A JUDGMENT, ORDER OR DECREE ISSUED IN A MATRIMONIAL
    6  ACTION THAT INCLUDES PROVISIONS FOR MAINTENANCE  OR  CHILD  SUPPORT,  AS
    7  THOSE  TERMS ARE DEFINED IN SECTION TWO HUNDRED THIRTY-SIX OF THE DOMES-
    8  TIC RELATIONS LAW.
    9    S 2. This act shall take effect immediately and  shall  apply  to  all
   10  matrimonial  actions  whenever commenced; except that, where enforcement
   11  of a judgment, order or decree has been stayed pursuant  to  subdivision
   12  (a)  of  section  5519 of the civil practice law and rules prior to such
   13  effective date, such stay shall continue in effect  in  accordance  with
   14  law then in effect.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02445-01-1
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