Statute:

Where enforcement proceeding commenced

ยง 5221. Where enforcement proceeding commenced. (a) Court and county
in which proceeding commenced. 1. If the judgment sought to be enforced
was entered in the city court of any city outside the city of New York,
and the respondent resides or is regularly employed or has a place for
the regular transaction of business in person within the county in which
the court is or was located, a special proceeding authorized by this
article shall be commenced in that court or in the county court of that
county.

2. If the judgment sought to be enforced was entered in a district
court, or by a justice of the peace whose office has been or is by law
to be abolished and whose jurisdiction has been or is by law to be
superseded by a district court, and the respondent resides or is
regularly employed or has a place for the regular transaction of
business in person within the county in which such district court is
established, a special proceeding authorized by this article shall be
commenced in such district court.

3. If the judgment sought to be enforced was entered in the municipal
court of the city of New York, the city court of the city of New York or
the civil court of the city of New York, and the respondent resides or
is regularly employed or has a place for the regular transaction of
business in person within that city, a special proceeding authorized by
this article shall be commenced in the civil court of the city of New
York.

4. In any other case, if the judgment sought to be enforced was
entered in any court of this state, a special proceeding authorized by
this article shall be commenced, either in the supreme court or a county
court, in a county in which the respondent resides or is regularly
employed or has a place for the regular transaction of business in
person or, if there is no such county, in any county in which he may be
served or the county in which the judgment was entered.

5. If no court in which a special proceeding authorized by this
article could be commenced is in session, the special proceeding may be
commenced in the supreme court or a county court in any county within
the judicial district in which the proceeding could otherwise be
commenced or in any county adjoining the county in which the proceeding
could otherwise be commenced.

(b) Notices, subpoenas and motions. A notice or subpoena authorized
by this article may be issued from, and a motion authorized by this
article may be made before, any court in which a special proceeding
authorized by this article could be commenced if the person served with
the notice, subpoena or notice of motion were respondent.

CVP 5221 2014-09-22

Sections:

Article 52 ENFORCEMENT OF MONEY JUDGMENTS
Section 5201 Debt or property subject to enforcement; proper garnishee
Section 5202 Judgment creditor's rights in personal property
Section 5203 Priorities and liens upon real property
Section 5204 Release of lien or levy upon appeal
Section 5205 Personal property exempt from application to the satisfaction of money judgments
Section 5206 Real property exempt from application to the satisfaction of money judgments
Section 5207 Enforcement involving the state
Section 5208 Enforcement after death of judgment debtor; leave of court; extension of lien
Section 5209 Discharge of garnishee's obligation
Section 5210 Power of court to punish for contempt
Section 5211 Privilege on examination; immunity
Section 5221 Where enforcement proceeding commenced
Section 5222 Restraining notice
Section 5222-A Service of notices and forms and procedure for claim of exemption
Section 5223 Disclosure
Section 5224 Subpoena; procedure
Section 5229 Enforcement before judgment entered
Section 5225 Payment or delivery of property of judgment debtor
Section 5226 Installment payment order
Section 5227 Payment of debts owed to judgment debtor
Section 5228 Receivers
Section 5229 Enforcement before judgment entered
Section 5230 Executions
Section 5231 Income execution
Section 5232 Levy upon personal property
Section 5233 Sale of personal property
Section 5234 Distribution of proceeds of personal property; priorities
Section 5235 Levy upon real property
Section 5236 Sale of real property
Section 5237 Failure of title to property sold
Section 5238 Directions to the sheriff
Section 5239 Proceeding to determine adverse claims
Section 5240 Modification or protective order; supervision of enforcement
Section 5241 Income execution for support enforcement
Section 5242 Income deduction order for support enforcement
Section 5250 Arrest of judgment debtor
Section 5251 Disobedience of subpoena, restraining notice or order; false swearing; destroying notice of sale
Section 5252 Discrimination against employees and prospective employees based upon wage assignment or income execution
Section 5253 Cost of living adjustment for personal and real property exempt from application to the satisfaction of money judgments and exemptions in bankruptcy

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