N.Y. Insurance Law § 5211: Hearing on application for payment of judgment

§ 5211. Hearing on application for payment of judgment. (a) The court

shall proceed upon the petition in a summary manner and the petitioner

must show:

(1) the petitioner is a qualified person;

(2) the petitioner was not at the time of the accident operating an

uninsured motor vehicle or operating a motor vehicle in violation of an

order of suspension or revocation;

(3) the petitioner has complied with the requirements of section five

thousand two hundred eight of this article;

(4) whether the judgment debtor at the time of the accident was

insured under a policy of motor vehicle liability insurance or indemnity

bond under which the insurer or surety is liable to pay all or part of

the judgment;

(5) the petitioner has obtained a judgment as provided in section five

thousand two hundred ten of this article, the amount of the judgment and

the amount unpaid at the date of the application;

(6) the application is not made by or on behalf of any insurer or

surety liable for the payment of all or part of the judgment by reason

of any motor vehicle liability insurance policy or any indemnity bond

and that no part of the amount to be paid by the corporation is sought

in lieu of making a claim, receiving a payment which is payable by, or

to indemnify, such an insurer or surety; and

(7) whether he has obtained judgment against any other person liable

for damages for bodily injury or death arising out of the accident and

the amounts paid.

(b) The corporation may appear and be heard in opposition to the

petition.