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.
STATE OF NEW YORK
________________________________________________________________________
4536
2009-2010 Regular Sessions
IN SENATE
April 24, 2009
___________
Introduced by Sen. SAMPSON -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Codes
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 § 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
