S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1732
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced by M. of A. HAWLEY -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT to amend the civil practice law and rules, in relation to enact-
   ing the court order protection act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This  act  shall  be known and may be cited as the "court
 order protection act".
   § 2. Rule 5016 of the civil practice law and rules, subdivision (d) as
 amended by chapter 93 of the  laws  of  1970,  is  amended  to  read  as
 follows:
   Rule  5016. Entry of judgment. (a) What constitutes entry.  A judgment
 is entered when, after it has been signed by the clerk, it is  filed  by
 him.
   (b)  Judgment  upon  verdict.   Judgment upon the general verdict of a
 jury after a trial by jury as of right shall be  entered  by  the  clerk
 unless  the  court otherwise directs; if there is a special verdict, the
 court shall direct entry of an appropriate judgment.
   (c) Judgment upon decision.  Judgment upon the decision of a court  or
 a  referee to determine shall be entered by the clerk as directed there-
 in.  When relief other than for money or  costs  only  is  granted,  the
 court or referee shall, on motion, determine the form of the judgment.
   (d)  PERIOD  OF ENTRY. JUDGMENT MUST BE ENTERED IMMEDIATELY UPON ISSU-
 ANCE.
   (E) DOCUMENTATION OF PAYMENT. THE CHIEF ADMINISTRATIVE  JUDGE  OF  THE
 STATE OF NEW YORK WILL CREATE A DOCUMENT THAT OUTLINES PAYMENT OF AWARDS
 ORDERED  BY  COURTS  OF THE STATE. THE DOCUMENT WILL THEN BE DISTRIBUTED
 ELECTRONICALLY, OR BY OTHER MEANS AS DETERMINED BY THE CHIEF ADMINISTRA-
 TIVE JUDGE, FOR USE BY COURTS OF THE STATE.
   (F) After death of party.  No verdict or decision  shall  be  rendered
 against  a  deceased party, but if a party dies before entry of judgment

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02090-01-9

 A. 1732                             2
 
 and after a verdict, decision or accepted offer to  compromise  pursuant
 to  rule  3221,  judgment  shall be entered in the names of the original
 parties unless the verdict, decision  or  offer  is  set  aside.    This
 provision  shall  not  bar  dismissal of an action or appeal pursuant to
 section 1021.
   [(e)] (G) Final judgment  after  interlocutory  judgment.    Where  an
 interlocutory  judgment  has  been  directed, a party may move for final
 judgment when he becomes entitled thereto.
   § 3. Subdivision (e) of rule 5016 of the civil practice law and rules,
 as added by section one of this act, is amended to read as follows:
   (e) Documentation of payment. 1. The chief administrative judge of the
 state of New York will create a document that outlines payment of awards
 ordered by courts of the state. The document will  then  be  distributed
 electronically, or by other means as determined by the chief administra-
 tive judge, for use by courts of the state.
   2.  UPON  THE  ISSUANCE  OF  A COURT ORDER, AND THE IMMEDIATE ENTRY OF
 JUDGMENT, IN ANY COURT OF THE STATE OF NEW YORK, IN THE CASE WHERE MONEY
 DAMAGES OF ANY KIND  ARE  AWARDED  TO  EITHER  PARTY,  THE  DEBTOR  MUST
 COMPLETE  A DOCUMENT ISSUED AND SIGNED BY BOTH THE PLAINTIFF AND DEFEND-
 ANT, NOTARIZED AND KEPT ON FILE  WITH  THE  COURT  THAT  INDICATES  THAT
 EITHER IMMEDIATE PAYMENT IS BEING MADE, THAT A DEFINITIVE PAYMENT SCHED-
 ULE  IS  BEING ARRANGED, OR THAT PAYMENT WILL BE MADE IN EITHER OF THESE
 FORMS AFTER THE COMPLETION OF THE APPEALS PROCESS.
   § 4. This act shall take effect immediately; provided that the  amend-
 ments  to  subdivision  (e)  of  rule 5016 of the civil practice law and
 rules made by section three of this act shall take effect 90 days  after
 this act shall have become a law.