2006 New York Code - Authority To Make Payments For Personal Injury, Including Death, Where Abutting Property Owner Liable Pursuant To Section 7-210 Is Uninsured.

 
    §  7-212  Authority  to  make  payments for personal injury, including
  death, where abutting property owner liable pursuant to section 7-210 is
  uninsured. a. Where a judgment for  personal  injury,  including  death,
  obtained against an abutting property owner pursuant to section 7-210 of
  this  code  is  unsatisfied  for a period of at least one year following
  entry of such judgment in the office of the county clerk of  the  county
  in  which  such  property  is  situated and the judgment debtor has been
  determined by the comptroller after investigation to have no  policy  of
  liability  insurance  or  other  assets  to  satisfy  such judgment, the
  comptroller, after consultation with the corporation counsel, is  hereby
  authorized  and  empowered  to  make a payment for such personal injury,
  including death.
    b. Any such payment shall be made in the discretion of the comptroller
  and shall not be made as a matter of right. The amount of  such  payment
  shall  not  exceed  uncompensated  medical expenses. Payment may be in a
  single payment, or may be made in periodic payments. No such payment  or
  periodic  payments  shall  exceed  fifty  thousand dollars in total with
  respect to any unsatisfied judgment and the total of all  such  payments
  for  all  judgments  in  any  fiscal  year shall not exceed four million
  dollars.
    c. Petitions for a payment under this section shall  be  presented  to
  the  comptroller  not  less  than one or more than three years following
  entry of such judgment in the office of the county clerk of  the  county
  in  which such property is located. Each petition shall include evidence
  demonstrating (i)  that  efforts  to  collect  the  judgment  have  been
  pursued,  and  (ii)  that the judgment debtor has no policy of liability
  insurance or other assets to satisfy the judgment.
    d. Before the comptroller shall make such payment,  he  or  she  shall
  require  the  petitioner to execute an assignment of the judgment to the
  city. After assignment  the  city  shall  be  entitled  to  enforce  the
  judgment.  To the extent that the city collects money on the judgment in
  excess of the payment or payments made to a petitioner pursuant to  this
  section,  such  excess  amount  shall  be  paid  to the petitioner after
  deducting the city's expenses.
    e. No payment shall be made under this section  if  it  is  determined
  that  the unsatisfied judgment was obtained by fraud, or by collusion of
  the plaintiff and of any defendant in the action.
    f. The comptroller  shall,  by  rule,  establish  procedures  for  the
  presentation  of  petitions  for  payment  pursuant to the provisions of
  subdivision c of this section, for the review of such petitions by  that
  office  and  with  respect  to  such  other  matters as are necessary to
  implement the provisions of this section.