N.Y. CPLR § 5253
N.Y. CPLR § 5253 - Cost of Living Adjustment for Personal and Real Property Exemptions (2012)
- Official Source
- Official source link unavailable
- Freshness
- Verified Currentlast checked
Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 5253, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.
NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5253 Cost of living adjustment for personal and real propertyexempt from application to the satisfaction of money judgments andexemptions in bankruptcy § 5253. Cost of living adjustment for personal and real propertyexempt from application to the satisfaction of money judgments andexemptions in bankruptcy. (a) Beginning on April first, two thousandtwelve, and at each three-year interval ending on April firstthereafter, the dollar amount of the exemption provided in sectionsfifty-two hundred five and fifty-two hundred six of this article andsections two hundred eighty-two and two hundred eighty-three of thedebtor and creditor law shall be adjusted as provided in subdivision (b)of this section.(b) The superintendent of financial services shall determine theamount of the adjustment based on the change in the consumer price indexfor all urban consumers, New York-Northern New Jersey-Long Island,NY-NJ-CT-PA, published by the U.S. department of labor, bureau of laborstatistics, for the most recent three-year period ending on Decemberthirty-first preceding the adjustment, with each adjusted amount roundedto the nearest twenty-five dollars.(c) Beginning on April first, two thousand twelve, and at eachthree-year interval ending on April first thereafter, the superintendentof financial services shall publish the current dollar amount of theapplicable exemption provided in this article, together with the date ofthe next scheduled adjustment. The publication shall be substantially inthe form set forth below:"Current dollar amount of exemption from application to thesatisfaction of money judgments under New York civil practice law andrules sections 5205 and 5206 and exemptions in bankruptcy under debtorand creditor law sections 282 and 283:The following is the curre of money judgments under New York civil practice law andrules sections 5205 and 5206 and exemptions in bankruptcy under debtorand creditor law sections 282 and 283:The following is the current dollar amount of exemptions from thesatisfaction of money judgments under civil practice law and rulessections 5205 and 5206 and under debtor and creditor law sections 282and 283:(amount)This amount is effective on April 1, (year) and shall not apply tocases commenced before April 1, (year). The next adjustment is scheduledfor April 1, (year). Such adjustments shall not apply with respect torestraining notices served or executions effected before the date of theadjustment. Nothing in this section limits the judgment debtor'sexemption rights in this section or under any other law."