2006 New York Code - Hearing On Application For Payment Of Judgment.

 
    §  5211. Hearing on application for payment of judgment. (a) The court
  shall proceed upon the petition in a summary manner and  the  petitioner
  must show:
    (1) the petitioner is a qualified person;
    (2)  the  petitioner  was not at the time of the accident operating an
  uninsured motor vehicle or operating a motor vehicle in violation of  an
  order of suspension or revocation;
    (3)  the petitioner has complied with the requirements of section five
  thousand two hundred eight of this article;
    (4) whether the judgment debtor  at  the  time  of  the  accident  was
  insured under a policy of motor vehicle liability insurance or indemnity
  bond  under  which the insurer or surety is liable to pay all or part of
  the judgment;
    (5) the petitioner has obtained a judgment as provided in section five
  thousand two hundred ten of this article, the amount of the judgment and
  the amount unpaid at the date of the application;
    (6) the application is not made by or on  behalf  of  any  insurer  or
  surety  liable  for the payment of all or part of the judgment by reason
  of any motor vehicle liability insurance policy or  any  indemnity  bond
  and  that  no part of the amount to be paid by the corporation is sought
  in lieu of making a claim, receiving a payment which is payable  by,  or
  to indemnify, such an insurer or surety; and
    (7)  whether  he has obtained judgment against any other person liable
  for damages for bodily injury or death arising out of the  accident  and
  the amounts paid.
    (b)  The  corporation  may  appear  and  be heard in opposition to the
  petition.