N.Y. Comp. Codes R. & Regs. tit. 2 § 70.2

Current through Register Vol. 46, No. 36, September 4, 2024

Section 70.2 - Order or certificate to deposit

Each deposit of money or securities with a county treasurer shall be accompanied by either:

(a) a copy of the judgment, order or decree directing said deposit or payment into court certified by the clerk of the court or by an attorney pursuant to section 2105 of the Civil Practice Law and Rules; or

(b) where the deposit is made without court order, a certificate, under seal of the court having jurisdiction, of the clerk or other officer of the court who received the deposit, in those cases where moneys or securities are 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 shall contain the following information:

(1) name of the court, or source of the receipt;

(2) title of the action or proceeding;

(3) by whom, for whom and for what purpose the deposit is made;

(4) date of the original receipt by the official making the deposit; and

(5) if the deposit consists of cash, the amount thereof, if it be securities, the nature and description of the same.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 70.2