Bill Text: NY A09577 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Provides that court withdrawal actions must be commenced in the court which had original jurisdiction of the underlying matter and increases the threshold claim amount.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-11-21 - signed chap.453 [A09577 Detail]

Download: New_York-2013-A09577-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9577
                                 I N  A S S E M B L Y
                                      May 8, 2014
                                      ___________
       Introduced  by M. of A. FARRELL -- (at request of the State Comptroller)
         -- read once and referred to the Committee on Judiciary
       AN ACT to amend the abandoned property law, in  relation  to  withdrawal
         actions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 1406  of  the  abandoned  property
    2  law,  as  amended  by  section  5 of part P of chapter 62 of the laws of
    3  2003, is amended to read as follows:
    4    2. (a) Claim in the amount or value of [five] TEN thousand dollars  or
    5  more for any abandoned property heretofore paid to the state pursuant to
    6  section  forty-four  of  chapter  fifty-eight  of  the  laws of nineteen
    7  hundred nine or as such section  was  amended  by  chapter  two  hundred
    8  seventeen  of  the laws of nineteen hundred thirty-three and chapter two
    9  hundred thirty-one of the laws  of  nineteen  hundred  thirty-eight,  or
   10  hereafter  paid  to  the  state comptroller pursuant to paragraph (a) of
   11  subdivision one of section six hundred of this chapter,  may  be  estab-
   12  lished only on order of the court which had original jurisdiction of the
   13  underlying  matter,  after  service of notice upon the state comptroller
   14  and upon due notice to all parties to the  action  or  proceeding  which
   15  resulted  in  the  monies being paid into court. [Any other provision of
   16  law to the contrary notwithstanding] SUCH COURT WITHDRAWAL ACTION  SHALL
   17  BE  COMMENCED IN THE COURT WHICH HAD ORIGINAL JURISDICTION OF THE UNDER-
   18  LYING MATTER USING THE COURT  INDEX  NUMBER  OF  SUCH  ORIGINAL  ACTION.
   19  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, NO SUCH
   20  WITHDRAWAL ACTION SHALL BE BROUGHT AS A SPECIAL PROCEEDING  AGAINST  THE
   21  STATE  COMPTROLLER.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE
   22  CONTRARY, if an order directing payment by the state comptroller is made
   23  by the court, the claimant or the claimant's attorney shall  serve  upon
   24  the state comptroller a copy thereof, duly certified by the clerk of the
   25  court  to  be  a  true copy of the original of such order on file in the
   26  clerk's office.
   27    (b) Where the value or amount of the claim is  less  than  [five]  TEN
   28  thousand  dollars, payment may be made by the state comptroller on sworn
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13690-02-4
       A. 9577                             2
    1  application of the claimant when the identity of  the  claimant  as  the
    2  person  entitled  to  payment  is established to the satisfaction of the
    3  state comptroller. When, in the determination of the state  comptroller,
    4  there  is  insufficient  information  to enable the state comptroller to
    5  make a determination of entitlement, any claim, including  a  claim  the
    6  amount of which is less than [five] TEN thousand dollars, must be estab-
    7  lished  on  order  of  the  court  as set forth in paragraph (a) of this
    8  subdivision.  The decision of the state comptroller that the information
    9  is insufficient shall not be deemed a denial of the claim.
   10    S 2. This act shall take effect immediately.