2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 26 - (2601 - R2609) PROPERTY PAID INTO COURT
R2607 - Payment of property paid into court.


NY CPLR § R2607 (2012) What's This?
 
    Rule  2607. Payment of property paid into court. No property paid into
  court, or income from such property, shall be paid out except upon order
  of the court directing payment to a specified person, except that if the
  property so paid into court, or the income from such property, inclusive
  of interest, does not exceed fifty dollars, a county treasurer  may  pay
  the  same,  without a court order, to the person entitled thereto or his
  authorized attorney. When the whole or remaining balance of all payments
  of money into court in an action, or the whole or remaining balance of a
  distributive share thereof,  or  any  security  or  other  property,  is
  directed  to  be paid out of court, the order must direct the payment of
  all accrued income  belonging  to  the  party  to  whom  such  money  or
  distributive  share  or  remaining balance thereof, or security or other
  property is paid. A certified copy of the order directing payment  shall
  be delivered to the county treasurer or other custodian of the property.
  The  custodian,  in the case of money, shall draw a draft payable to the
  order of the party entitled thereto specifying the title of the cause or
  matter on account of which the draft is made and the date of  the  order
  authorizing  the  draft. A certified copy of the order, accompanied by a
  draft in the case of money, shall be delivered to the depository of  the
  property  before it shall pay out any property. If an order directs that
  periodic payments be made, the filing of one copy of the order shall  be
  sufficient  to  authorize  the payment of subsequent drafts in pursuance
  thereof. Any other provision of law to the contrary notwithstanding,  if
  an order directing payment by the county treasurer is made by the court,
  the  copy  of  the order to be delivered to the county treasurer and the
  depository as herein provided shall be certified by  the  clerk  of  the
  court  to  be  a  true copy of the original of such order on file in his
  office.

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