N.Y. CPLR § 5234

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5234 Distribution of proceeds of personal property; priorities.(a) Distribution of proceeds of personal property § 5234. Distribution of proceeds of personal property; priorities.(a) Distribution of proceeds of personal property. After deduction forand payment of fees, expenses and any taxes levied upon sale, delivery,transfer or payment, the proceeds of personal property or debt acquiredby a receiver or a sheriff or other officer authorized to enforce thejudgment shall be distributed to the judgment creditor and any excessshall be paid over to the judgment debtor. No distribution of proceedsshall be made until fifteen days after service of the execution exceptupon order of the court.(b) Priority among execution creditors. Where two or more executionsor orders of attachment are issued against the same judgment debtor orobligor and delivered to the same enforcement officer or issued by thesupport collection unit designated by the appropriate social servicesdistrict, they shall be satisfied out of the proceeds of personalproperty or debt levied upon by the officer or by the support collectionunit in the order in which they were delivered, such executions forchild support shall have priority over any other assignment, levy orprocess. Where two or more executions or orders of attachment are issuedagainst the same judgment debtor or obligor and delivered to differentenforcement officers, and personal property or debt is levied uponwithin the jurisdiction of all of the officers, the proceeds shall befirst applied in satisfaction of the execution or order of attachmentdelivered to the officer who levied, and thereafter shall be applied insatisfaction of the executions or orders of attachment delivered tothose of the other officers who, before the proceeds are distr to the officer who levied, and thereafter shall be applied insatisfaction of the executions or orders of attachment delivered tothose of the other officers who, before the proceeds are distributed,make a demand upon the officer who levied, in the order of such demands,except that such executions for child support shall have priority overany other assignment, levy or process. Where there is more than onepast-due child support order, the proceeds shall be applied to theorders in proportion to the amount each order's claim bears to thecombined total. Nothing herein shall be deemed to defeat or impair therights of any secured party as such term is defined in paragraphseventy-two of subsection (a) of section 9--102 of the uniformcommercial code. An execution or order of attachment returned by anofficer before a levy or delivered to him after the proceeds of the levyhave been distributed shall not be satisfied out of those proceeds.(c) Priority of other judgment creditors. Where personal property ordebt has been ordered delivered, transferred or paid, or a receiverthereof has been appointed by order, or a receivership has been extendedthereto by order, and the order is filed before the property or debt islevied upon, the rights of the judgment creditor who secured the orderare superior to those of the judgment creditor entitled to the proceedsof the levy. Where two or more such orders affecting the same interestin personal property or debt are filed, the proceeds of the property ordebt shall be applied in the order of filing. Where delivery, transfer,or payment to the judgment creditor, a receiver, or a sheriff or otherofficer is not completed within sixty days after an order is filed, thejudgment creditor who secured the order is divested of priority, unlessotherwise specified in the order or in an extension order filed withinthe sixty days.