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A05022 Summary:

BILL NOA05022
 
SAME ASSAME AS UNI. S03179
 
SPONSORCusick (MS)
 
COSPNSRCastro, Robinson, Rivera P
 
MLTSPNSRBoyland, Gunther, Mayersohn
 
Amd S10, Lien L
 
Provides that where the notice of lien is for retainage, the notice of lien may be filed within ninety days after the date the retainage was due to be released.
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A05022 Actions:

BILL NOA05022
 
02/10/2011referred to judiciary
04/12/2011reported
04/28/2011advanced to third reading cal.211
05/03/2011passed assembly
05/03/2011delivered to senate
05/03/2011REFERRED TO JUDICIARY
06/13/2011SUBSTITUTED FOR S3179
06/13/20113RD READING CAL.356
06/13/2011PASSED SENATE
06/13/2011RETURNED TO ASSEMBLY
07/22/2011delivered to governor
08/03/2011signed chap.367
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A05022 Floor Votes:

DATE:05/03/2011Assembly Vote  YEA/NAY: 139/2
Yes
Abbate
ER
Clark
Yes
Goodell
Yes
Lentol
Yes
Murray
Yes
Saladino
Yes
Abinanti
Yes
Colton
Yes
Gottfried
Yes
Lifton
No
Nolan
ER
Sayward
No
Amedore
Yes
Conte
Yes
Graf
Yes
Linares
Yes
Oaks
Yes
Scarborough
Yes
Arroyo
Yes
Cook
Yes
Gunther
Yes
Lopez PD
Yes
O'Donnell
Yes
Schimel
Yes
Aubry
Yes
Corwin
Yes
Hanna
Yes
Lopez VJ
Yes
Ortiz
Yes
Schimminger
Yes
Barclay
Yes
Crespo
Yes
Hawley
Yes
Losquadro
Yes
Palmesano
Yes
Schroeder
Yes
Barron
Yes
Crouch
Yes
Hayes
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Benedetto
Yes
Curran
ER
Heastie
Yes
Magee
ER
Peoples Stokes
Yes
Smardz
Yes
Bing
Yes
Cusick
Yes
Hevesi
Yes
Magnarelli
Yes
Perry
Yes
Spano
Yes
Blankenbush
Yes
Cymbrowitz
Yes
Hikind
Yes
Maisel
Yes
Pheffer
Yes
Stevenson
Yes
Boyland
Yes
DenDekker
Yes
Hooper
Yes
Malliotakis
Yes
Pretlow
Yes
Sweeney
Yes
Boyle
Yes
Destito
ER
Hoyt
ER
Markey
Yes
Ra
Yes
Tedisco
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
McDonough
Yes
Rabbitt
Yes
Tenney
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McEneny
Yes
Raia
Yes
Thiele
Yes
Bronson
Yes
Englebright
Yes
Jeffries
Yes
McKevitt
Yes
Ramos
Yes
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Johns
Yes
McLaughlin
Yes
Reilich
Yes
Titus
Yes
Burling
Yes
Finch
Yes
Jordan
Yes
Meng
Yes
Reilly
Yes
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Katz
Yes
Miller D
Yes
Rivera J
Yes
Weinstein
Yes
Cahill
Yes
Friend
Yes
Kavanagh
Yes
Miller JM
Yes
Rivera N
Yes
Weisenberg
Yes
Calhoun
Yes
Gabryszak
Yes
Kellner
Yes
Miller MG
Yes
Rivera PM
ER
Weprin
Yes
Camara
Yes
Galef
Yes
Kirwan
Yes
Millman
Yes
Roberts
Yes
Wright
Yes
Canestrari
Yes
Gantt
Yes
Kolb
Yes
Molinaro
Yes
Robinson
Yes
Zebrowski
Yes
Castelli
Yes
Gibson
Yes
Lancman
Yes
Montesano
Yes
Rodriguez
Yes
Mr. Speaker
Yes
Castro
Yes
Giglio
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Ceretto
Yes
Glick
Yes
Lavine
Yes
Moya
Yes
Russell

‡ Indicates voting via videoconference
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A05022 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3179                                                  A. 5022
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    February 10, 2011
                                       ___________
 
        IN  SENATE  --  Introduced by Sen. DeFRANCISCO -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary
 
        IN  ASSEMBLY -- Introduced by M. of A. CUSICK, CASTRO -- Multi-Sponsored
          by -- M. of A. BOYLAND, GUNTHER, MAYERSOHN -- read once  and  referred

          to the Committee on Judiciary
 
        AN ACT to amend the lien law, in relation to lien filings for retainage
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 10 of the lien law, as amended  by
     2  chapter 288 of the laws of 2000, is amended to read as follows:
     3    1.  Notice of lien may be filed at any time during the progress of the
     4  work and the furnishing of the materials, or, within eight months  after
     5  the completion of the contract, or the final performance of the work, or
     6  the final furnishing of the materials, dating from the last item of work
     7  performed  or  materials  furnished;  provided,  however, that where the
     8  improvement is related to real property improved or to be improved  with
     9  a  single  family  dwelling, the notice of lien may be filed at any time

    10  during the progress of the work and the furnishing of the materials, or,
    11  within four months after the completion of the contract,  or  the  final
    12  performance  of  the  work,  or  the  final furnishing of the materials,
    13  dating from the last item of work performed or materials furnished;  and
    14  provided  further  where the notice of lien is for retainage, the notice
    15  of lien may be filed within ninety days after the date the retainage was
    16  due to be released; except that in the case of a lien by a  real  estate
    17  broker,  the  notice  of lien may be filed only after the performance of
    18  the brokerage services and execution of lease by both lessor and  lessee
    19  and  only  if  a  copy of the alleged written agreement of employment or
    20  compensation is annexed to the notice of lien, provided that  where  the

    21  payment  pursuant to the written agreement of employment or compensation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00564-01-1

        S. 3179                             2                            A. 5022
 
     1  is to be made in installments, then a notice of lien may be filed within
     2  eight months after the final payment is due, but in no event later  than
     3  a date five years after the first payment was made. For purposes of this
     4  section,  the term "single family dwelling" shall not include a dwelling
     5  unit which is a part of a subdivision that has been filed with a munici-
     6  pality in which the subdivision is located when at the time the lien  is

     7  filed,  such  property  in the subdivision is owned by the developer for
     8  purposes other  than  his  personal  residence.  For  purposes  of  this
     9  section,  "developer"  shall  mean  and  include any private individual,
    10  partnership, trust or corporation which improves two or more parcels  of
    11  real  property  with single family dwellings pursuant to a common scheme
    12  or plan. The notice of lien must be filed in the clerk's office  of  the
    13  county  where  the property is situated. If such property is situated in
    14  two or more counties, the notice of lien shall be filed in the office of
    15  the clerk of each of such counties. The  county  clerk  of  each  county
    16  shall  provide  and  keep  a  book to be called the "lien docket," which
    17  shall be suitably ruled in columns headed "owners," "lienors," "lienor's
    18  attorney," "property," "amount," "time of filing," "proceedings had," in

    19  each of which he shall enter the particulars  of  the  notice,  properly
    20  belonging  therein.  The  date,  hour  and  minute of the filing of each
    21  notice of lien shall be entered in the proper column.  Except where  the
    22  county  clerk  maintains a block index, the names of the owners shall be
    23  arranged in such book in alphabetical order. The validity  of  the  lien
    24  and  the  right  to  file  a notice thereof shall not be affected by the
    25  death of the owner before notice of the lien is filed.
    26    § 2. This act shall take effect immediately.
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