State Codes and Statutes

Statutes > New-york > Cnt > Article-12 > 530

§  530.  Court and trust fund register. Each county clerk shall keep a  book to be known as a court and trust fund register to be used solely as  a record of moneys and securities paid, transferred,  or  deposited,  or  ordered  to  be  so  paid,  transferred, or deposited into the courts of  which he is clerk. Upon the filing in his office of any judgment, order,  or decree directing the payment,  transfer,  or  deposit  of  moneys  or  securities  into court, the amount thereof being stated, or determinable  upon the happening of the contingency expressed in said judgment,  order  or  decree;  or upon the filing in his office of any report of a referee  or other person, or any receipt, or any  other  paper  or  record,  from  which  it  appears  that  moneys  or  securities  have been or should be  deposited into court pursuant to any judgment, order, or decree, or  any  provision  of  law;  or  upon the receipt by any such clerk of moneys or  securities which may be deposited into court, by any provision  of  law,  without  a  court order, the clerk shall promptly enter in his court and  trust fund register (1) the name of the court directing the deposit,  or  the  source  of  the receipt if deposited without a court order, (2) the  title of the action or proceeding, (3) the amount of money or nature and  description of securities deposited or  ordered  to  be  deposited  into  court,  if  stated,  (4) a statement of any contingency expressed in the  judgment, order, or decree  upon  the  happening  of  which  the  amount  required  to  be  deposited  shall be determinable, (5) the names of the  persons by whom and for whom the deposit is made, or ordered to be made,  if stated, and the purpose for which the deposit is made, or ordered  to  be  made,  (6)  the date and nature of each instrument, report, receipt,  record or other paper indicating moneys or securities deposited or to be  deposited into court, and the date of filing the same. Such  moneys  and  securities  shall  be  paid  to the county treasurer pursuant to article  twenty-six of the civil practice law and rules upon receipt being  given  therefor. For failure to maintain such a register in accordance with the  provisions  of this section, a county clerk shall be liable to a penalty  of two hundred fifty dollars, to be recovered by the  state  comptroller  in  an  action brought in his name as such comptroller and such penalty,  together with statutory costs, shall be paid to the  state  comptroller,  except  that  the  foregoing  shall apply only if the judgment, order or  decree directing payment into court shall contain, immediately following  the caption of the particular matter to which  it  relates,  in  capital  letters  the  words  "Judgment  Directs  Payment  Into  Court"  or other  appropriate language of similar import, sufficient to apprise the county  clerk or his assistant that entry in the court and trust  fund  register  with regard thereto is required.

State Codes and Statutes

Statutes > New-york > Cnt > Article-12 > 530

§  530.  Court and trust fund register. Each county clerk shall keep a  book to be known as a court and trust fund register to be used solely as  a record of moneys and securities paid, transferred,  or  deposited,  or  ordered  to  be  so  paid,  transferred, or deposited into the courts of  which he is clerk. Upon the filing in his office of any judgment, order,  or decree directing the payment,  transfer,  or  deposit  of  moneys  or  securities  into court, the amount thereof being stated, or determinable  upon the happening of the contingency expressed in said judgment,  order  or  decree;  or upon the filing in his office of any report of a referee  or other person, or any receipt, or any  other  paper  or  record,  from  which  it  appears  that  moneys  or  securities  have been or should be  deposited into court pursuant to any judgment, order, or decree, or  any  provision  of  law;  or  upon the receipt by any such clerk of moneys or  securities which may be deposited into court, by any provision  of  law,  without  a  court order, the clerk shall promptly enter in his court and  trust fund register (1) the name of the court directing the deposit,  or  the  source  of  the receipt if deposited without a court order, (2) the  title of the action or proceeding, (3) the amount of money or nature and  description of securities deposited or  ordered  to  be  deposited  into  court,  if  stated,  (4) a statement of any contingency expressed in the  judgment, order, or decree  upon  the  happening  of  which  the  amount  required  to  be  deposited  shall be determinable, (5) the names of the  persons by whom and for whom the deposit is made, or ordered to be made,  if stated, and the purpose for which the deposit is made, or ordered  to  be  made,  (6)  the date and nature of each instrument, report, receipt,  record or other paper indicating moneys or securities deposited or to be  deposited into court, and the date of filing the same. Such  moneys  and  securities  shall  be  paid  to the county treasurer pursuant to article  twenty-six of the civil practice law and rules upon receipt being  given  therefor. For failure to maintain such a register in accordance with the  provisions  of this section, a county clerk shall be liable to a penalty  of two hundred fifty dollars, to be recovered by the  state  comptroller  in  an  action brought in his name as such comptroller and such penalty,  together with statutory costs, shall be paid to the  state  comptroller,  except  that  the  foregoing  shall apply only if the judgment, order or  decree directing payment into court shall contain, immediately following  the caption of the particular matter to which  it  relates,  in  capital  letters  the  words  "Judgment  Directs  Payment  Into  Court"  or other  appropriate language of similar import, sufficient to apprise the county  clerk or his assistant that entry in the court and trust  fund  register  with regard thereto is required.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cnt > Article-12 > 530

§  530.  Court and trust fund register. Each county clerk shall keep a  book to be known as a court and trust fund register to be used solely as  a record of moneys and securities paid, transferred,  or  deposited,  or  ordered  to  be  so  paid,  transferred, or deposited into the courts of  which he is clerk. Upon the filing in his office of any judgment, order,  or decree directing the payment,  transfer,  or  deposit  of  moneys  or  securities  into court, the amount thereof being stated, or determinable  upon the happening of the contingency expressed in said judgment,  order  or  decree;  or upon the filing in his office of any report of a referee  or other person, or any receipt, or any  other  paper  or  record,  from  which  it  appears  that  moneys  or  securities  have been or should be  deposited into court pursuant to any judgment, order, or decree, or  any  provision  of  law;  or  upon the receipt by any such clerk of moneys or  securities which may be deposited into court, by any provision  of  law,  without  a  court order, the clerk shall promptly enter in his court and  trust fund register (1) the name of the court directing the deposit,  or  the  source  of  the receipt if deposited without a court order, (2) the  title of the action or proceeding, (3) the amount of money or nature and  description of securities deposited or  ordered  to  be  deposited  into  court,  if  stated,  (4) a statement of any contingency expressed in the  judgment, order, or decree  upon  the  happening  of  which  the  amount  required  to  be  deposited  shall be determinable, (5) the names of the  persons by whom and for whom the deposit is made, or ordered to be made,  if stated, and the purpose for which the deposit is made, or ordered  to  be  made,  (6)  the date and nature of each instrument, report, receipt,  record or other paper indicating moneys or securities deposited or to be  deposited into court, and the date of filing the same. Such  moneys  and  securities  shall  be  paid  to the county treasurer pursuant to article  twenty-six of the civil practice law and rules upon receipt being  given  therefor. For failure to maintain such a register in accordance with the  provisions  of this section, a county clerk shall be liable to a penalty  of two hundred fifty dollars, to be recovered by the  state  comptroller  in  an  action brought in his name as such comptroller and such penalty,  together with statutory costs, shall be paid to the  state  comptroller,  except  that  the  foregoing  shall apply only if the judgment, order or  decree directing payment into court shall contain, immediately following  the caption of the particular matter to which  it  relates,  in  capital  letters  the  words  "Judgment  Directs  Payment  Into  Court"  or other  appropriate language of similar import, sufficient to apprise the county  clerk or his assistant that entry in the court and trust  fund  register  with regard thereto is required.