STATE OF NEW YORK
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7332
IN SENATE
May 13, 2014
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Introduced by Sen. DeFRANCISCO -- (at request of the State Comptroller)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Finance
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13690-02-4
S. 7332 2
1 (b) Where the value or amount of the claim is less than [five] ten
2 thousand dollars, payment may be made by the state comptroller on sworn
3 application of the claimant when the identity of the claimant as the
4 person entitled to payment is established to the satisfaction of the
5 state comptroller. When, in the determination of the state comptroller,
6 there is insufficient information to enable the state comptroller to
7 make a determination of entitlement, any claim, including a claim the
8 amount of which is less than [five] ten thousand dollars, must be estab-
9 lished on order of the court as set forth in paragraph (a) of this
10 subdivision. The decision of the state comptroller that the information
11 is insufficient shall not be deemed a denial of the claim.
12 § 2. This act shall take effect immediately.
