Bill Text: NY A06922 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to the enforcement of state court judgments; provides that such judgment shall be deemed entered and docketed on the day immediately preceding the date of such determination for the purpose of establishing the priority against a judicial lien on such property.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2010-08-30 - signed chap.427 [A06922 Detail]

Download: New_York-2009-A06922-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6922
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 17, 2009
                                      ___________
       Introduced  by  M.  of  A.  WEINSTEIN  -- Multi-Sponsored by -- M. of A.
         TITONE, ZEBROWSKI -- (at request  of  the  Office  of  Court  Adminis-
         tration) -- read once and referred to the Committee on Judiciary
       AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
         enforcement of state court judgments
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 5203 of the civil practice law and rules is amended
    2  by adding a new subdivision (c) to read as follows:
    3    (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE A COURT MAKES AN
    4  ORAL  OR  WRITTEN  DETERMINATION  ON THE RECORD AWARDING OWNERSHIP OF AN
    5  INTEREST IN REAL PROPERTY, AND A  JUDGMENT  EFFECTUATING  SUCH  DETERMI-
    6  NATION  IS  DOCKETED WITH THE CLERK OF THE COUNTY IN WHICH SUCH PROPERTY
    7  IS LOCATED NOT LATER THAN THIRTY DAYS THEREAFTER, SUCH  JUDGEMENT  SHALL
    8  BE DEEMED ENTERED AND DOCKETED ON THE DAY IMMEDIATELY PRECEDING THE DATE
    9  OF  SUCH  DETERMINATION SOLELY FOR PURPOSES OF ESTABLISHING THE PRIORITY
   10  THEREOF AGAINST A JUDICIAL LIEN ON SUCH PROPERTY CREATED UPON THE SIMUL-
   11  TANEOUS OR LATER FILING OF A PETITION  IN  BANKRUPTCY  PURSUANT  TO  THE
   12  UNITED STATES BANKRUPTCY CODE, AS AMENDED.
   13    S  2.  This  act  shall take effect immediately and shall apply to all
   14  actions and proceedings pending or commenced on or after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09222-01-9