S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3008 A. 5492
1999-2000 Regular Sessions
S E N A T E - A S S E M B L Y
February 25, 1999
___________
IN SENATE -- Introduced by Sen. LEIBELL -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. STEPHENS -- read once and referred
to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to inter-
est on settlement of action or claims by infant, judicially declared
incompetent or conservatee
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1207 of the civil practice law and rules, as
2 amended by chapter 355 of the laws of 1986, is amended to read as
3 follows:
4 S 1207. Settlement of action or claim by infant, judicially declared
5 incompetent or conservatee, by whom motion made; special proceeding;
6 notice; order of settlement. Upon motion of a guardian of the property
7 or guardian ad litem of an infant or, if there is no such guardian, then
8 of a parent having legal custody of an infant, or if there is no such
9 parent, by another person having legal custody, or if the infant is
10 married, by an adult spouse residing with the infant, or of the commit-
11 tee of the property of a person judicially declared to be incompetent,
12 or of the conservator of the property of a conservatee, the court may
13 order settlement of any action commenced by or on behalf of the infant,
14 incompetent or conservatee. If no action has been commenced, a special
15 proceeding may be commenced upon petition of such a representative for
16 settlement of any claim by the infant, incompetent or conservatee in any
17 court where an action for the amount of the proposed settlement could
18 have been commenced. Unless otherwise provided by rule of the chief
19 administrator of the courts, if no motion term is being held and there
20 is no justice of the supreme court available in a county where the
21 action or an action on the claim is triable, such a motion may be made,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD07537-01-9
S. 3008 2 A. 5492
1 or special proceeding may be commenced, in a county court and the county
2 judge shall act with the same power as a justice of the supreme court
3 even though the amount of the settlement may exceed the jurisdictional
4 limits of the county court. Notice of the motion or petition shall be
5 given as directed by the court. An order on such a motion shall have the
6 effect of a judgment. Such order, or the judgment in a special proceed-
7 ing, shall be entered without costs and shall approve the fee for the
8 infant`s, incompetent`s or conservatee`s attorney, if any. SUCH ORDER,
9 OR THE JUDGMENT IN A SPECIAL PROCEEDING, SHALL PROVIDE FOR THE PAYMENT
10 OF INTEREST ON THE SETTLEMENT AMOUNT, CALCULATED AT THE LEGAL RATE OF
11 INTEREST FROM THE DATE OF THE SETTLEMENT AGREEMENT, TO THE DATE OF THE
12 ENTRY OF THE ORDER OR JUDGMENT IF THE COURT DETERMINES THAT THE SETTLE-
13 MENT PROCESS AFTER THE AGREEMENT WAS NOT TIMELY OR DID NOT PROCEED IN A
14 REASONABLE MANNER AND WORKED A HARDSHIP ON THE INFANT, INCOMPETENT OR
15 CONSERVATEE.
16 S 2. This act shall take effect immediately.
.SO DOC C 3008/5492 *END* BTXT 1999
Bill A05492
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