2012 New York Consolidated Laws
PEP - Personal Property
Article 3 - (30 - 45-A) AGREEMENTS IN WRITING; WITHOUT CONSIDERATION; FRAUDULENT; FACTORS
45-A - Salary or earnings of public officer or employee.


NY Pers Prop L § 45-A (2012) What's This?
 
    §  45-a.  Salary  or  earnings  of  public  officer or employee. 1. No
  assignment of, or power of  attorney  to  collect  or  other  instrument
  affecting, the whole or any part of his salary or earnings by an officer
  or  employee  of the state or of any political subdivision thereof or of
  any public authority or public  corporation,  or  of  any  board,  body,
  office  or  agency supported by public funds, unless approved in writing
  by the head of the department,  authority,  court,  corporation,  board,
  body,  office  or  agency in which such officer or employee is employed,
  and unless given either as security for or as a manner or method of  the
  repayment  of,  money  actually  advanced  to  or at the request of such
  officer or employee by any bank, trust company  or  credit  union  doing
  business  in  the State of New York, shall in any way operate to prevent
  the payment of such salary or  earnings  directly  to  such  officer  or
  employee.  In  the  event  of  the  payment  of  such salary or earnings
  directly to such officer or employee, notwithstanding the  existence  of
  an  assignment  of,  or power of attorney to collect or other instrument
  affecting, the whole or part thereof, which was not approved by the head
  of the department, authority, court, corporation, board, body, office or
  agency in which such officer or employee is employed, or which  was  not
  given  in  favor  of  any  such  bank,  trust company or credit union as
  hereinabove stated, no person shall have any cause  of  action  therefor
  against  the  state  or  such  political  subdivision  thereof  or  such
  authority, court, corporation, board, body, office  or  agency  for  the
  recovery  of  any moneys by virtue of such assignment, power of attorney
  to collect or other instrument which was not so approved, or  which  was
  not given in favor of any such bank, trust company or credit union.
    2.  Any  such  assignment, power of attorney or other instrument which
  may be filed  hereafter  shall  contain  the  name  of  the  officer  or
  employee,  his  title  or position and the department, authority, court,
  corporation, board, body, bureau, agency, office and subdivision thereof
  in which he is employed.
    3. The state or any political subdivision thereof  or  any  authority,
  court,  corporation,  board,  body,  office  or  agency  to  which  such
  assignment, power of attorney or other instrument shall be presented for
  filing, shall be entitled to receive the sum  of  two  dollars.  In  the
  event,  however,  that  such  assignment,  power  of  attorney  or other
  instrument  contains  a  provision  to  the  effect  that  the  same  is
  ineffective   unless   subsequent   written  notice  is  given  to  make
  deductions, the filing fee shall be fifty cents; and the filing  fee  of
  any  subsequent written notice to make deductions in accordance with the
  terms of any such assignment, power  of  attorney  or  other  instrument
  shall be one dollar and fifty cents.  The filing fee of any other notice
  or  paper  relating  to  any such assignment, power of attorney or other
  instrument shall be one dollar.

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