N.Y. Civil Practice Law & Rules § 5234: Distribution of proceeds of personal property; priorities

§ 5234. Distribution of proceeds of personal property; priorities.

(a) Distribution of proceeds of personal property. After deduction for

and payment of fees, expenses and any taxes levied upon sale, delivery,

transfer or payment, the proceeds of personal property or debt acquired

by a receiver or a sheriff or other officer authorized to enforce the

judgment shall be distributed to the judgment creditor and any excess

shall be paid over to the judgment debtor. No distribution of proceeds

shall be made until fifteen days after service of the execution except

upon order of the court.

(b) Priority among execution creditors. Where two or more executions

or orders of attachment are issued against the same judgment debtor or

obligor and delivered to the same enforcement officer or issued by the

support collection unit designated by the appropriate social services

district, they shall be satisfied out of the proceeds of personal

property or debt levied upon by the officer or by the support collection

unit in the order in which they were delivered, such executions for

child support shall have priority over any other assignment, levy or

process. Where two or more executions or orders of attachment are issued

against the same judgment debtor or obligor and delivered to different

enforcement officers, and personal property or debt is levied upon

within the jurisdiction of all of the officers, the proceeds shall be

first applied in satisfaction of the execution or order of attachment

delivered to the officer who levied, and thereafter shall be applied in

satisfaction of the executions or orders of attachment delivered to

those 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 over

any other assignment, levy or process. Where there is more than one

past-due child support order, the proceeds shall be applied to the

orders in proportion to the amount each order's claim bears to the

combined total. Nothing herein shall be deemed to defeat or impair the

rights of any secured party as such term is defined in paragraph

seventy-two of subsection (a) of section 9--102 of the uniform

commercial code. An execution or order of attachment returned by an

officer before a levy or delivered to him after the proceeds of the levy

have been distributed shall not be satisfied out of those proceeds.

(c) Priority of other judgment creditors. Where personal property or

debt has been ordered delivered, transferred or paid, or a receiver

thereof has been appointed by order, or a receivership has been extended

thereto by order, and the order is filed before the property or debt is

levied upon, the rights of the judgment creditor who secured the order

are superior to those of the judgment creditor entitled to the proceeds

of the levy. Where two or more such orders affecting the same interest

in personal property or debt are filed, the proceeds of the property or

debt shall be applied in the order of filing. Where delivery, transfer,

or payment to the judgment creditor, a receiver, or a sheriff or other

officer is not completed within sixty days after an order is filed, the

judgment creditor who secured the order is divested of priority, unless

otherwise specified in the order or in an extension order filed within

the sixty days.