New York S 3875: Imposes term limits for the offices of governor, comptroller and attorney-general

Bill Text

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S03875 Summary:

BILL NOS03875 

&nbsp

SAME ASSAME AS A07468

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§1207 & 5003-a, R1208, CPLR; amd §2220, SCPA

&nbsp

Provides that for settlements that require a court order, the order, or the judgment in a special proceeding, shall provide for the payment of interest on the settlement amount at the statutory interest rate on judgments.

Go to top S03875 Actions:

BILL NOS03875 

&nbsp

01/30/2025REFERRED TO JUDICIARY

Go to topS03875 Committee&nbspVotes:

Go to topS03875 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03875 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3875

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed to the Committee on Judiciary

 AN ACT to amend the civil practice law and rules and the surrogate's
 court procedure act, in relation to addressing delay in payment of a
 settlement where the settlement requires court approval

 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 § 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. (a) Upon motion of a guardian of the prop-
 7 erty or guardian ad litem of an infant or, if there is no such guardian,
 8 then of a parent having legal custody of an infant, or if there is no
 9 such 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,
 22 or special proceeding may be commenced, in a county court and the county
 23 judge shall act with the same power as a justice of the supreme court
 24 even though the amount of the settlement may exceed the jurisdictional

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07097-01-5

 S. 3875 2

 1 limits of the county court. Notice of the motion or petition shall be
 2 given as directed by the court. An order on such a motion shall have the
 3 effect of a judgment. Such order, or the judgment in a special proceed-
 4 ing, shall be entered without costs and shall approve the fee for the
 5 infant's, incompetent's or conservatee's attorney, if any.
 6 (b) Such order, or the judgment in a special proceeding, shall provide
 7 for the payment of interest on the settlement amount at the statutory
 8 interest rate on judgments, to be computed commencing the fifteenth day,
 9 or where the settling defendant is a municipal or state entity as set
 10 forth in subdivision (b) or (c) of section five thousand three-a of this
 11 chapter then commencing from the sixty-first day following the day that
 12 the proposed settlement is entered into and continuing until the day
 13 that the order or judgment is signed. Where the proposed settlement
 14 includes an annuity to provide for periodic payments, interest shall not
 15 be computed on the present value of the annuity provided that the
 16 defendant timely funds the annuity, but interest shall accrue on any
 1