NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1864
SPONSOR: Hawley
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to enact-
ing the court order protection act
 
PURPOSE OF BILL:
To clarify a court's responsibility in the case of judgment entry and a
debtor's responsibility in the case of. a court ordered payment.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Rule 5016 of the civil practice law and rules, subdivision
(d) is amended to require that a judgment must be entered immediately
upon issuance. A new subdivision (e) Is added which requires the Chief
Administrative Judge of the State of New York to create a document that
outlines payment of awards ordered by courts of the State. A debtor must
complete the document issued and signed by both the plaintiff and
defendant, notarized and kept on file with the court.that indicates that
either, immediate payment is being made, that a definitive payment sche-
dule is being arranged, or that payment will be made in either of these
forms after the completion of the appeals process. Subdivisions (d) and
(e) are re-lettered subdivisions (f) and (g)-
Section 2. Effective Dates.
 
JUSTIFICATION:
When a court issues-an order requiring a party to a lawsuit to pay
damages to another party, this is usually not the end of the conflict.
The winning party must still figure out how to collect•the judgment from
In many cases, the losing party simply walks away and never pays what is
owed. The creditor finds that winning the lawsuit almost means nothing
when he or she cannot collect on the judgment; This bill would he ensure
that more judgments are paid by requiring the parties to fill out a
document stating how payment will be made at the time the order is
entered. Furthermore, the law does not currently require judgments to be
entered, or filed, by the court within any certain time period after
they are issued. Because the 30 day time period, within which a party
must file an appeal does not begin to run until judgment is.entered,
judgments are allowed to go uncollected for long periods of time. This
bill would require courts to enter judgments. immediately after issu-
ance, allowing the 30 day time period for an appeal to also begin imme-
diately. By requiring the order to be entered immediately upon issuance,
the bill ensures that the document stating how payment will be. made is
also filed immediately. Such document will allow the parties to confirm
that payment has been made on the spot or that a payment scheduled has
been agreed to.
 
LEGISLATIVE HISTORY:
06/05/2012 - A.8923 - held for consideration in judiciary
05/28/14 held for consideration in judiciary
05/17/16 held for consideration in judiciary
A4024 A15B7 - 05/31/18 held for consideration in judiciary
A1732 - 07/14/2020 held for consideration in judiciary
A2270 - 01/05/22 referred to judiciary
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal impact to, the State associated with possible litigation avoid-
ance through concise resolution of payment between creditors and
debtors.
 
EFFECTIVE DAME:
This act shall take effect immediately; provided that the amendments to
subdivision (e) of rule 5016 of the civil practice law.and rules made by
section three of this act shall take effect 90 days after this act shall
have become a law.
STATE OF NEW YORK
________________________________________________________________________
1864
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. HAWLEY, ANGELINO, GALLAHAN -- 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 § 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00068-01-3
A. 1864 2
1 and after a verdict, decision or accepted offer to compromise pursuant
2 to rule 3221, judgment shall be entered in the names of the original
3 parties unless the verdict, decision or offer is set aside. This
4 provision shall not bar dismissal of an action or appeal pursuant to
5 section 1021.
6 [(e)] (g) Final judgment after interlocutory judgment. Where an
7 interlocutory judgment has been directed, a party may move for final
8 judgment when he becomes entitled thereto.
9 § 3. Subdivision (e) of rule 5016 of the civil practice law and rules,
10 as added by section one of this act, is amended to read as follows:
11 (e) Documentation of payment. 1. The chief administrative judge of the
12 state of New York will create a document that outlines payment of awards
13 ordered by courts of the state. The document will then be distributed
14 electronically, or by other means as determined by the chief administra-
15 tive judge, for use by courts of the state.
16 2. Upon the issuance of a court order, and the immediate entry of
17 judgment, in any court of the state of New York, in the case where money
18 damages of any kind are awarded to either party, the debtor must
19 complete a document issued and signed by both the plaintiff and defend-
20 ant, notarized and kept on file with the court that indicates that
21 either immediate payment is being made, that a definitive payment sched-
22 ule is being arranged, or that payment will be made in either of these
23 forms after the completion of the appeals process.
24 § 4. This act shall take effect immediately; provided that the amend-
25 ments to subdivision (e) of rule 5016 of the civil practice law and
26 rules made by section three of this act shall take effect 90 days after
27 this act shall have become a law.