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