Bill Text: NY A08923 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts the court order protection act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-06-05 - held for consideration in judiciary [A08923 Detail]

Download: New_York-2011-A08923-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8923
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced by M. of A. HAWLEY -- 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    S 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
   26  and after a verdict, decision or accepted offer to  compromise  pursuant
   27  to  rule  3221,  judgment  shall be entered in the names of the original
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13636-01-1
       A. 8923                             2
    1  parties unless the verdict, decision  or  offer  is  set  aside.    This
    2  provision  shall  not  bar  dismissal of an action or appeal pursuant to
    3  section 1021.
    4    [(e)]  (G)  Final  judgment  after  interlocutory judgment.   Where an
    5  interlocutory judgment has been directed, a party  may  move  for  final
    6  judgment when he becomes entitled thereto.
    7    S 3. Subdivision (e) of rule 5016 of the civil practice law and rules,
    8  as added by section one of this act, is amended to read as follows:
    9    (e) Documentation of payment. 1. The chief administrative judge of the
   10  state of New York will create a document that outlines payment of awards
   11  ordered  by  courts  of the state. The document will then be distributed
   12  electronically, or by other means as determined by the chief administra-
   13  tive judge, for use by courts of the state.
   14    2. UPON THE ISSUANCE OF A COURT ORDER,  AND  THE  IMMEDIATE  ENTRY  OF
   15  JUDGMENT, IN ANY COURT OF THE STATE OF NEW YORK, IN THE CASE WHERE MONEY
   16  DAMAGES  OF  ANY  KIND  ARE  AWARDED  TO  EITHER  PARTY, THE DEBTOR MUST
   17  COMPLETE A DOCUMENT ISSUED AND SIGNED BY BOTH THE PLAINTIFF AND  DEFEND-
   18  ANT,  NOTARIZED  AND  KEPT  ON  FILE  WITH THE COURT THAT INDICATES THAT
   19  EITHER IMMEDIATE PAYMENT IS BEING MADE, THAT A DEFINITIVE PAYMENT SCHED-
   20  ULE IS BEING ARRANGED, OR THAT PAYMENT WILL BE MADE IN EITHER  OF  THESE
   21  FORMS AFTER THE COMPLETION OF THE APPEALS PROCESS.
   22    S  4. This act shall take effect immediately; provided that the amend-
   23  ments to subdivision (e) of rule 5016 of  the  civil  practice  law  and
   24  rules  made by section three of this act shall take effect 90 days after
   25  this act shall have become a law.