Each deposit of money or securities with the Commissioner of Finance must be accompanied by either:
(a) a certified copy of the judgment, order or decree directing the deposit or payment into court, or an excerpt thereof that includes such direction, under the seal of the court, or
(b) a certificate, under the seal of the court, made by the clerk of the court whose duty it is first to receive the deposit in cases in which moneys or securities may be deposited or paid into court pursuant to statute. For example, a tender into court, a deposit to discharge a judgment or a mechanic's lien, security for costs in certain cases; deposits of civil bail; a surplus arising upon the sale of property by a sheriff under an execution or by a referee in mortgage foreclosure proceedings by advertising. This certificate must contain the following information:
(1) name of court, or source of receipt if deposited without court order;
(2) title of the action or proceeding;
(3) by whom, for whom, and for what purpose the deposit is made;
(4) date of original receipt by official making deposit; and
(5) if the deposit consists of cash, the amount thereof, or if it be securities, the nature and description of the same.
(a) No payment, investment, surrender or delivery of court funds, property or security may be made by the Commissioner of Finance or any depositary, without a certified copy of an order or decree of the court having jurisdiction of such funds, property and securities, directing each such payment, investment, surrender or delivery. Payments may not be made on affidavits and proof of age alone. Moneys deposited for or on behalf of an infant payable when the infant attains his majority are not to be paid under the order directing the deposit unless that order also expressly directs the payment of such money on or after the day, month and year therein specified when the infant becomes of legal age.
(b) Court orders must be certified by the clerk of the court (CPLR § 2607).
(c) When the whole or remaining balance of payments of money into court in an action, or 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.
(d) If it is desired that the check for payment be mailed to the attorney for the claimant, a direction to that effect must be incorporated in the order of payment.
Loading...