N.Y. Comp. Codes R. & Regs. tit. 2 § 70.4
Current through Register Vol. 46, No. 45, November 2, 2024
(a) Payments out of court may only be made when directed by an order or decree of the court into which the funds were paid or the court to which jurisdiction thereof has been properly transferred, or a court having concurrent jurisdiction thereof, except that payment without a court order is permissible under the circumstances set forth in section 70.3 of this Part, and pursuant to section 602 of the Abandoned Property Law.(b) Funds may not be transferred from one depository to another except pursuant to the direction of an order of a court of competent jurisdiction or by an order of the Comptroller of the State of New York.(c) Payments may be made on affidavits and proof of age alone. Moneys deposited for or on behalf of an infant or infants payable when the same become of legal age are to be paid under the order directing the deposit when such infant or infants become of legal age, unless an order from a court of competent jurisdiction directs the withholding of such payment beyond the infant's 18th birthday.(d) A court may direct that money or securities in the custody of a county treasurer be transferred or invested as it deems proper. (CPLR, § 2601[d].)(e) When the whole or remaining balance of all payments of money into court in an action, or the whole or remaining balance of a distributive share thereof, or any security or other property, is directed to be paid out of court, the order must direct the payment of all accrued income belonging to the party to whom such money or distributive share or remaining balance thereof, or security or other property is paid. (CPLR, rule 2607.)(f) No property paid into court, or income from such property, shall be paid out except upon order of the court directing payment to a specified person. (CPLR, rule 2607.) However, payment of abandoned property to the State Comptroller may be made by a county treasurer without a court order, as provided by section 602 of the Abandoned Property Law.(g) Under subdivision 11 of section 8 of the State Finance Law the Comptroller may not designate any bank as a depository of court and trust funds, unless such bank agrees to the payment of interest. Court and trust funds may be placed in time deposit accounts or savings bank accounts. (1952 Op. Atty. Gen. 116.)(h) Where a certificate of deposit showing the amount held by the Comptroller as abandoned property and to whose credit the same has been reported is required in connection with application to the court for an order directing payment pursuant to section 1406 of the Abandoned Property Law, the same shall be issued either to the person to whose credit the same has been reported or to an attorney at law or other person acting in his behalf, in which case the application for the issuance of such a certificate of deposit shall be accompanied by an instrument duly executed and acknowledged in the presence of a notary public conferring authority upon such attorney or agent to act on behalf of the person claiming to be entitled to a refund. The Comptroller may require, as a condition of issuing such a certificate of deposit that preliminary evidence of the identity of the person requesting issuance of the certificate as the individual to whose credit money has been received as abandoned property, be furnished. Application for the issuance of the certificate of deposit shall be accompanied by a fee of $1, payable by check or money order to the Department of Audit and Control.N.Y. Comp. Codes R. & Regs. Tit. 2 § 70.4