reglab/statecodes huggingface dataset:
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 722 - Proceedings Against Juvenile Offenders and Adolescent Offenders; Establishment of Youth Part And Related Procedures › 722.24 - Applicability of Chapter to Actions and Matters Involving Juvenile Offenders or Adolescent Offenders.

§ 722.24 Applicability  of  chapter  to  actions  and  matters involving
juvenile offenders or adolescent offenders.
Except where inconsistent with this article, all  provisions  of  this
  chapter  shall  apply  to  all criminal actions and proceedings, and all
  appeals  and  post-judgment  motions  relating  or   attached   thereto,
  involving a juvenile offender or adolescent offender.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 725 - Removal of Proceeding Against Juvenile Offender to Family Court › 725.00 - Applicability.

§ 725.00  Applicability.
The provisions of this article apply in any case where a court directs
  that  an  action  or  charge  is to be removed to the family court under
  section 180.75,  190.71,  210.43,  220.10,  310.85  or  330.25  of  this
  chapter.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 725 - Removal of Proceeding Against Juvenile Offender to Family Court › 725.10 - Removal of Action.

§ 725.10 Removal of action.
1.  Unless  the  defendant  is  an  adolescent  offender  who has been
  directed to appear at the family  court  intake  office  of  the  county
  department  of probation for adjustment consideration in accordance with
  subdivision seven of section 725.05 of this article, when  an  order  of
  removal is filed with the family court, a proceeding pursuant to article
  three  of  the  family  court  act  must be originated. The family court
  thereupon must assume jurisdiction and proceed to render  such  judgment
  as  the  circumstances require, in the manner and to the extent provided
  by law.
2. Upon the filing of an order of removal  in  a  criminal  court  the
  criminal  action  upon which the order is based shall be terminated, and
  there shall be no further criminal proceedings in any criminal court  as
  defined  in section 10.10 of this chapter with respect to the offense or
  offenses charged in the accusatory instrument which was the  subject  of
  removal.  All further proceedings including motions and appeals shall be
  in accordance with laws appertaining to the family court  and  for  this
  purpose all findings, determinations, verdicts and orders other than the
  order of removal, shall be deemed to have been made by the family court.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 725 - Removal of Proceeding Against Juvenile Offender to Family Court › 725.15 - Sealing of Records.

§ 725.15 Sealing of records.
Except  where  specifically  required  or permitted by statute or upon
  specific authorization of the court that directed removal of  an  action
  to  the family court all official records and papers of the action up to
  and including the order of removal, whether on file with  the  court,  a
  police  agency  or  the  division  of  criminal  justice  services,  are
  confidential and must not be made available to any person or  public  or
  private agency, provided however that availability of copies of any such
  records  and  papers  on file with the family court shall be governed by
  provisions that apply to family court records, and further provided that
  all official records and papers of the action shall be included in those
  records  and  reports  that  may  be  obtained  upon  request   by   the
  commissioner  of  mental health or commissioner of the office for people
  with developmental disabilities, as appropriate; the case review  panel;
  and the attorney general pursuant to section 10.05 of the mental hygiene
  law.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 725 - Removal of Proceeding Against Juvenile Offender to Family Court › 725.20 - Record of Certain Actions Removed.

§ 725.20 Record of certain actions removed.
1.  The  provisions  of  this section shall apply in any case where an
order of removal to the family court is entered pursuant to a  direction
authorized  by  article  722  of  this  title,  or subparagraph (iii) of
paragraph (g) of subdivision five of section 220.10 of this chapter,  or
section 330.25 of this chapter.
2.  When such an action is removed the court that directed the removal
must cause the following additional records to be filed with  the  clerk
of  the  county  court  or in the city of New York with the clerk of the
supreme court of the county wherein the action was pending and with  the
division of criminal justice services:
(a) A certified copy of the order of removal;
(b)  Where  the  direction  is one authorized by subparagraph (iii) of
paragraph (g) of subdivision five of section 220.10 or section 330.25 of
this chapter, a copy of the minutes of the plea of guilty, including the
minutes of the memorandum submitted by the  district  attorney  and  the
court; and
(c)  In  addition  to  the records specified in this subdivision, such
further statement or submission of additional information pertaining  to
the   proceeding   in   criminal  court  in  accordance  with  standards
established by the commissioner of  the  division  of  criminal  justice
services,  subject  to  the  provisions  of  subdivision  three  of this
section.
3. It shall be the duty of said clerk to maintain a separate file  for
copies  of  orders  and  minutes  filed  pursuant  to this section. Upon
receipt of such orders and minutes the clerk must promptly  delete  such
portions   as   would  identify  the  defendant,  but  the  clerk  shall
nevertheless  maintain  a  separate  confidential   system   to   enable
correlation  of  the  documents  so  filed  with  identification  of the
defendant. After making such deletions the orders and minutes  shall  be
placed  within  the  file  and  must be available for public inspection.
Information permitting correlation of any such record with the  identity
of  any  defendant shall not be divulged to any person except upon order
of a justice of the supreme court based upon a finding that  the  public
interest  or the interests of justice warrant disclosure in a particular
cause for a particular case or for a particular purpose or use.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 730 - Mental Disease or Defect Excluding Fitness to Proceed › 730.30 - Fitness to Proceed; Order of Examination.

§ 730.30  Fitness to proceed; order of examination.
1.    At  any  time  after a defendant is arraigned upon an accusatory
  instrument other than a felony complaint and before  the  imposition  of
  sentence,  or  at  any time after a defendant is arraigned upon a felony
  complaint and before he is held for the action of the  grand  jury,  the
  court  wherein  the  criminal  action  is pending must issue an order of
  examination when it is of the opinion  that  the  defendant  may  be  an
  incapacitated person.
2.  When the examination reports submitted to the court show that each
  psychiatric  examiner  is  of  the  opinion that the defendant is not an
  incapacitated person, the court  may,  on  its  own  motion,  conduct  a
  hearing  to  determine  the  issue  of  capacity,  and it must conduct a
  hearing upon motion  therefor  by  the  defendant  or  by  the  district
  attorney.    If  no  motion  for  a hearing is made, the criminal action
  against the defendant must proceed.  If, following a hearing, the  court
  is  satisfied  that  the  defendant  is not an incapacitated person, the
  criminal action against him  must  proceed;  if  the  court  is  not  so
  satisfied,  it  must issue a further order of examination directing that
  the defendant be examined by different psychiatric examiners  designated
  by the director.
3.  When the examination reports submitted to the court show that each
  psychiatric  examiner  is  of  the  opinion  that  the  defendant  is an
  incapacitated person, the court  may,  on  its  own  motion,  conduct  a
  hearing  to  determine  the  issue  of capacity and it must conduct such
  hearing upon motion  therefor  by  the  defendant  or  by  the  district
  attorney.
4.   When the examination reports submitted to the court show that the
  psychiatric examiners are not unanimous in their opinion as  to  whether
  the  defendant  is  or  is  not  an  incapacitated  person,  or when the
  examination reports submitted  to  the  superior  court  show  that  the
  psychiatric  examiners  are not unanimous in their opinion as to whether
  the defendant is or is not a dangerous incapacitated person,  the  court
  must   conduct   a  hearing  to  determine  the  issue  of  capacity  or
  dangerousness.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 730 - Mental Disease or Defect Excluding Fitness to Proceed › 730.70 - Fitness to Proceed; Procedure Following Termination of Custody by Commissioner.

§  730.70 Fitness to proceed; procedure following termination of custody
by commissioner.
When a defendant  is  in  the  custody  of  the  commissioner  on  the
  expiration date of a final or temporary order of observation or an order
  of commitment, or on the expiration date of the last order of retention,
  or  on  the  date  an  order dismissing an indictment is served upon the
  commissioner,  the  superintendent  of  the  institution  in  which  the
  defendant is confined may retain him for care and treatment for a period
  of thirty days from such date. If the superintendent determines that the
  defendant  is  so  mentally  ill  or  mentally  defective  as to require
  continued care and treatment in  an  institution,  he  may,  before  the
  expiration   of   such   thirty  day  period,  apply  for  an  order  of
  certification in the manner prescribed in section 31.33  of  the  mental
  hygiene law.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 2 - Jurisdiction of Proceedings.

§  2.  Jurisdiction of proceedings. The term "judge" when used in this
  article shall apply equally to a county judge of the county within which
  the assignment is recorded and to justices of the supreme court, and the
  term "court" when used in this article shall, in like manner,  apply  to
  the  county  court  of  such  county  and  to  the  supreme  court.  All
  applications hereunder made in the supreme court shall be  made  to  the
  court,  or  a  justice  thereof  within  the judicial district where the
  assignment is recorded, and all  proceedings  and  hearings  under  this
  article  had in the supreme court upon the return of a citation or order
  shall be had at a special term of said court held in  the  county  where
  the  debtor  resided  at  the  time  of the assignment, or in case of an
  assignment by copartners, in the county where  the  principal  place  of
  business  of  such  copartners was at the time of such assignment, or in
  the case of an assignment by a  corporation  in  the  county  where  the
  principal office of such corporation was at the time of such assignment.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 3 - Requisites of General Assignment.

§  3. Requisites of general assignment. Every conveyance or assignment
  made by a debtor of his  estate,  real  or  personal,  or  both,  to  an
  assignee  for  the  creditors  of  such debtor, shall be in writing, and
  shall specifically state therein the  residence  and  kind  of  business
  carried  on by such debtor at the time of making the assignment, and the
  place at which such business shall then be conducted, and if such  place
  be in a city, the street and number thereof, and if in a village or town
  such apt designation as shall reasonably identify such debtor.
Every  such conveyance or assignment shall be duly acknowledged before
  an officer authorized to take the acknowledgment of deeds and  shall  be
  recorded  in  the  county clerk's office in the county where such debtor
  shall reside or carry on his business at the date thereof. An assignment
  by copartners shall be recorded in the county where the principal  place
  of  business  of  such  copartners  is  situated.  An  assignment  by  a
  corporation shall be recorded in the county where its principal place of
  business is situated. When real property  is  a  part  of  the  property
  assigned,  and  is  situated in a county other than the one in which the
  original assignment is required to be recorded, a certified copy of such
  assignment shall be filed and recorded in the county where such property
  is situated.
The assent of the assignee, subscribed and acknowledged by him,  shall
  appear  in  writing,  embraced in or at the end of, or indorsed upon the
  assignment, before the same is  recorded,  and,  if  separate  from  the
  assignment, shall be duly acknowledged.
In all cases where an assignment is made by a corporation the right to
  recover  the amount due from stockholders on unpaid capital stock issued
  to or subscribed  for  by  them  shall  pass  to  the  assignee  whether
  mentioned in the assignment or not.
The  right  of any person to payments, including tax refunds, recovery
  rebates, refundable tax credits, and any advances of  any  tax  credits,
  under  the  federal  Families  First  Coronavirus  Response Act (FFCRA),
  Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES  Act),
  Consolidated Appropriations Act of 2021, and American Rescue Plan Act of
  2021  (ARPA)  shall  not  be  transferable  or  assignable, at law or in
  equity.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 5 - Notice to Creditors to Present Claims.

§  5.  Notice  to creditors to present claims. The judge may, upon the
  petition of the assignee, authorize him to advertise  for  creditors  to
  present  to him their claims, with the vouchers therefor, duly verified,
  on or before a day to be specified in such advertisement, not less  than
  ten  days  from  the  publication thereof, which advertisement or notice
  shall be published in one newspaper, to be designated by the  judge,  as
  most  likely  to  give notice to the persons to be served, at least once
  and such additional times as the judge may direct; the last  publication
  shall be at least one week prior to the date specified.
Said  verified  claim of creditor shall set forth whether any, and, if
  so, what securities are held for such claim, and whether  any,  and,  if
  so, what payments have been made thereon.
Whenever  a  claim  is  founded  upon  an  instrument in writing, such
  instrument, unless lost or destroyed, shall be  filed  with  the  claim.
  After  the  claim  is  allowed  or  disallowed,  such  instrument may be
  withdrawn by permission of the court. If  such  instrument  is  lost  or
  destroyed,  a  statement  of  such fact and of the circumstances of such
  loss or destruction shall be filed under oath with the claim.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 6 - Bond of Assignee.

§  6.  Bond  of  assignee.  The  assignee named in any such assignment
  shall, within thirty days after the date thereof, and  before  he  shall
  have  any  power  or  authority  to  sell,  dispose of or convert to the
  purposes of the trust any of the assigned property, enter into a bond to
  the people of the state of New York, in an  amount  to  be  ordered  and
  directed  by  the  judge,  with sufficient sureties to be approved of by
  such judge, and conditioned for the faithful discharge of the duties  of
  such  assignee,  and  for  the due accounting for all moneys received by
  him, which bond shall be filed in the clerk's office of the county where
  such assignment is recorded, but  in  case  the  debtor  shall  fail  to
  present  such  inventory  within  the  twenty  days  required,  then the
  assignee, before ten days thereafter shall have elapsed,  may  apply  to
  said  judge  by  verified petition for leave to file a provisional bond,
  until such time as he may be able to present the schedule  or  inventory
  as hereinbefore provided.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 7 - Further Security.

§  7. Further security. The judge may, upon his own motion or upon the
  application of any party in interest, and  on  such  notice  as  he  may
  direct to be given to the assignor, assignee and surety, require further
  security to be given whenever, in his judgment, the security afforded by
  the bond on file is not adequate.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 8 - Discharge or Removal of Assignee; Correction of Inventory or Schedule; Supplemental Inventories or Schedules.

§  8.  Discharge  or  removal  of assignee; correction of inventory or
  schedule; supplemental inventories or schedules. The judge shall, in the
  case provided in section four,  and  may  also,  at  any  time,  on  the
  petition of one or more creditors, showing misconduct or incompetency of
  the assignee, or on petition of the assignee himself, showing sufficient
  reason  therefor, and after due notice of not less than five days to the
  assignor, assignee, surety and  such  other  person  as  the  judge  may
  prescribe,  remove or discharge the assignee, and appoint one or more in
  his place, and order  an  accounting  of  the  assignee  so  removed  or
  discharged,  and  may  enjoin  such  assignee  from interfering with the
  assignor's estate, and make provision by order for the safe  custody  of
  the  same,  and  enforce  obedience  to  such  injunction  and orders by
  attachment; and, upon  the  discharge  of  the  assignee  upon  his  own
  application,  such assignee's bond shall be canceled and discharged. The
  new assignee shall give a bond, to be approved as  required  by  section
  six.  The  judge  shall  have  power,  by order, to require or allow any
  inventory or schedule filed to be corrected or amended.  The  judge  may
  also  require and compel, from time to time, supplemental inventories or
  schedules to be made and filed within such time as he  shall  prescribe,
  and to enforce obedience to all orders by attachment.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 10 - Action on Bond; Application of Recovery.

§ 10. Action on bond; application of recovery. Any action brought upon
  an  assignee's bond may be prosecuted by a party in interest by leave of
  the court; and all moneys realized thereon shall be applied by direction
  of the judge in satisfaction of the debts of the assignor  in  the  same
  manner as the same ought to have been applied by such assignee.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 11 - Proceedings in Case of Death of Assignee.

§  11.  Proceedings  in case of death of assignee. In case an assignee
  shall die during the pendency of any proceeding under this  article,  or
  at  any  time  subsequent to the filing of any bond required herein, his
  personal representative or successor in office, or both, may be  brought
  in  and  substituted in such proceeding on such notice, of not less than
  eight days, as the judge may direct to be given;  and  any  decree  made
  thereafter  shall  bind  the  parties  thus  substituted  as well as the
  property of such deceased assignee,  provided,  however,  that  if  such
  assignee  dies  subsequent  to  the  filing  of  his bond and before any
  proceedings may have been had thereunder, then the surety on  such  bond
  may  apply  to the judge for an accounting, who may, on such terms as to
  him seem just and proper, appoint  another  assignee  and  release  such
  surety.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 12 - Notices to Parties Interested in the Estate as Creditors or Otherwise.

§  12.  Notices  to  parties  interested in the estate as creditors or
  otherwise. Parties interested in the estate  as  creditors,  or  parties
  otherwise  interested,  if the judge so directs, shall have at least ten
  days' notice by mail to their respective addresses as they appear in the
  schedule filed by the assignor, or at such other addresses as they shall
  have filed with the assignee, of (a) all proposed sales of property, (b)
  the declaration and time of payment of dividends, (c) the filing of  the
  interim  account and the filing of the final account of the assignee and
  of the hearing thereon, (d) the proposed compromise of any  controversy.
  Such  notice  may  be  published  as  the judge shall direct and must be
  returnable in court.
The judge may cause such notices  to  be  sent  or  published  on  the
  petition  of  the  assignee  at  any  time  after  the assignment, or on
  petition of any other person interested in the estate, at any time after
  the lapse of sixty days from the filing of such assignment, or where  an
  assignee  has  been  removed  and  ordered  to  account  as hereinbefore
  provided on the petition of a creditor,  or  an  assignee's  surety,  or
  assignor,  and  on  good cause being shown, the judge may grant an order
  directing the assignee to show cause at the time specified why a sale of
  the property should not be had or a dividend should not be  paid,  or  a
  settlement of his account should not be had, or such other matters as in
  the opinion of the judge should be disposed of.
Upon  the  hearing  and  determination of such order to show cause the
  judge may make such order in the premises as justice requires.
Whenever the assignee has filed his final account the judge shall  fix
  a  date for the final hearing to consider the judicial settlement of the
  account, which date shall not be less than fifteen  days  following  the
  filing  of  the  account  and notices shall be given to the creditors as
  provided in this section.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 13 - Debts Which May Be Proved Against the Estate.

§  13.  Debts  which  may  be  proved against the estate. Debts of the
  assignor may be proved and allowed against his estate which  are  (a)  a
  fixed liability, as evidenced by a judgment absolutely owing at the time
  of  the assignment, or (b) a claim for taxable costs incurred before the
  assignment, in good faith, in an action to recover a provable debt;  (c)
  or  founded upon an open account, or upon a contract, express or implied
  whether due or not  due;  or  (d)  claims  for  anticipatory  breach  of
  contracts,  executory in whole or in part, including unexpired leases of
  real or personal property;  provided,  however,  that  the  claim  of  a
  landlord  for  damages  for  injury  resulting  from the rejection of an
  unexpired lease of real estate or  for  damages  or  indemnity  under  a
  covenant  contained  in  such  lease  shall in no event be allowed in an
  amount exceeding the rent reserved by the  lease  without  acceleration,
  for  the  year next succeeding the date of the surrender of the premises
  to the landlord or the date of reentry of the landlord, whichever  first
  occurs,  whether before or after the assignment, plus an amount equal to
  the unpaid rent accrued, without acceleration up to such date.
In allowing the claims against the estate,  in  all  cases  of  mutual
  debts  or  credits between the estate of the assignor and a creditor the
  amount shall be stated and one debt shall be set off against the  other,
  and the balance only shall be allowed.
A  set-off or counterclaim shall not be allowed in favor of any debtor
  of the assignor which (a) is not provable against the estate; or (b) was
  purchased by or transferred to him  after  the  filing  of  the  general
  assignment  or  with intent to such use and with knowledge or notice, or
  if he had reasonable cause to believe, that such assignor was insolvent.
  A person shall  be  deemed  insolvent  whenever  the  aggregate  of  his
  property,  exclusive  of  any  property  which  he  may  have  conveyed,
  transferred,  concealed,  removed,  or  permitted  to  be  concealed  or
  removed,  with  intent  to defraud, hinder or delay his creditors, shall
  not, at a fair valuation, be sufficient in amount to pay his debts.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 14 - Duties of Assignee.

§  14.  Duties  of  assignee.  It shall be the duty of the assignee to
  collect and reduce to money  the  property  of  the  estate,  under  the
  direction  of  the  court;  report  promptly  to  the  court  any claims
  presented to him which are not provable, or are incorrect or  false  and
  shall  also  report  promptly  for allowance all claims presented to him
  which are  not  disputed;  close  up  the  estate  as  expeditiously  as
  possible;  furnish  such  information  concerning  the  estate as may be
  requested by parties in interest; keep regular accounts;  pay  dividends
  as  often  as  is compatible with the best interests of the estate; make
  appraisals or in his  discretion  employ  an  appraiser  or  appraisers;
  designate  and  employ  auctioneers;  file  an interim report within six
  months of assuming his duites unless excused by the court or unless  the
  estate  has  been sooner distributed; file a final report and account at
  least fifteen days before the final hearing  to  consider  the  judicial
  settlement of the account.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 16 - Examination of Witnesses.

§ 16. Examination of witnesses. 1. The judge may also, at any time, on
  petition  of the assignee or any party interested, order the examination
  of witnesses and the production of any books and papers by any party  or
  witness  before  him  or  before  a  referee  appointed  by him for such
  purpose, or before the assignee  who  shall  have  power  to  administer
  oaths,  compel  the  attendance  of  witnesses, and production of books,
  records and papers by the issuance of  subpoena,  and  the  evidence  so
  taken,  together  with  books  and papers, or extracts therefrom, as the
  case may be, shall be filed in the county clerk's  office,  and  may  be
  used in evidence by any creditor or assignee in any action or proceeding
  then pending, or which may hereafter be instituted.
2.  In  any  examination  ordered  pursuant to subdivision one of this
  section, the court may confer immunity in accordance with the provisions
  of section 50.20 of the criminal procedure law; provided, however,  that
  no  immunity  shall  be  conferred  except  upon twenty-four hours prior
  written notice to the appropriate district attorney having  an  official
  interest therein.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 18 - Effect of Orders; Power of Judge and Duties of Clerk.

§ 18. Effect of orders; power of judge and duties of clerk. All orders
  or  decrees  in proceedings under this article shall have the same force
  and effect, and may be entered, docketed and enforced and appealed  from
  the  same as if made in an original action brought in the court in which
  the proceeding is pending;  provided,  however,  that  a  final  decree,
  directing  the  payment of money, may be enforced by serving a certified
  copy thereof personally upon the assignee for the benefit of  creditors,
  and if said assignee wilfully neglects to obey said decree, by punishing
  him  for  a  contempt  of  court.  The imprisonment of said assignee, by
  virtue of proceedings to punish him for contempt, as prescribed in  this
  section,  or  a levy upon his property by virtue of an action, shall not
  bar, suspend or otherwise affect an action against the sureties  on  his
  final bond. All proceedings under this article shall be deemed to be had
  in court. The said court shall always be open for proceedings under this
  article.  The  judge,  when  named  in  this  article,  shall,  in  such
  proceedings, be deemed to be acting as the court. The clerk of the court
  shall keep a separate book, in which shall be entered, in each case, the
  date and place of  record  of  the  assignment,  and  a  minute  of  all
  proceedings  therein, under this article, with such particularity as the
  court shall direct by general order. He shall record therein the  orders
  and  decrees  of the court, settling, rejecting or adjusting claims, and
  directing the payment of money, or releasing assets by the assignee, and
  removing or discharging the assignee and his sureties,  and  such  other
  orders as the courts shall direct by general order. The said clerk shall
  securely keep the papers in each case in a file by themselves, and shall
  be entitled to a fee, except as otherwise provided by law, of one dollar
  for  filing all the papers in each case, and entering the proceedings in
  the minute-book, and fifty cents to be  paid  by  the  assignee,  unless
  otherwise  directed, for recording each order or decree required by this
  article or the general order of the court. The clerk shall not record at
  length any order except the final  order  in  a  proceeding  under  this
  article, unless directed to do so by the court.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 19 - Sale and Compromise of Claims and Property.

§  19. Sale and compromise of claims and property. The judge may, upon
  the application of the assignee and for good and sufficient cause shown,
  and upon such terms as he may direct, authorize the  assignee  to  sell,
  compromise  or compound any claim or debt belonging to the estate of the
  debtor. But such authority shall not prevent any party interested in the
  trust estate from showing upon the final  accounting  of  such  assignee
  that such debt or claim was fraudulently or negligently sold, compounded
  or  compromised.  The  sale of any debt or claim heretofore made in good
  faith by any assignee shall be valid, subject, however, to the  approval
  of  the judge, and the assignee shall be charged with and be liable for,
  as part of the trust fund, any sum which might or  ought  to  have  been
  collected by him.
All  sales  shall be had at public auction unless otherwise ordered by
  the judge. Upon application to the judge, and for good cause shown,  the
  assignee  may be authorized to sell any portion of the estate at private
  sale; in which case he shall keep an accurate  record  of  each  article
  sold,  and  the price received therefor, and to whom sold; which account
  he shall file at once. Upon application by the assignee  or  a  creditor
  setting  forth that a part or the whole of the estate is perishable, the
  nature and location of such perishable property, and that there will  be
  loss if the same is not sold immediately, the judge, if satisfied of the
  facts  stated  and  that  the  sale  is  required in the interest of the
  estate, may order the  same  to  be  sold  with  or  without  notice  to
  creditors.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 20 - General Powers of Court.

§ 20. General powers of court. Any proceeding under this article shall
  be  deemed for all purposes, including review by appeal or otherwise, to
  be a proceeding had in the court as a court of general jurisdiction, and
  the court shall have full jurisdiction to do all and every act  relating
  to  the  assigned  estate,  the  assignees, assignors and creditors, and
  jurisdiction shall be presumed in support  of  the  orders  and  decrees
  therein  unless the contrary be shown; and after the filing or recording
  of an assignment under this article, the court may exercise  the  powers
  of  a court of equity in reference to the trust and any matters involved
  therein.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 21 - Trial, Costs and Commissions.

§  21. Trial, costs and commissions. The court, in its discretion, may
  order a trial by jury or before a referee,  of  any  disputed  claim  or
  matter  arising  under  the  provisions  of  this article. It may in its
  discretion award reasonable counsel  fees  and  costs,  determine  which
  party  shall  pay  the  same, and make all necessary rules to govern the
  practice under this article. The assignee  or  assignees  named  in  any
  assignment  shall  receive for his or their services a commission of not
  to exceed five per centum on the whole sum which will have come into his
  or their hands, except in a case where such percentage shall  not  equal
  two  hundred  dollars in which case the court may grant such a sum which
  with such percentage shall equal two hundred dollars.  If  the  assignee
  continues  the  business the court may allow him additional compensation
  equal to what he might be allowed as hereinabove provided.
The actual and necessary expenses incurred  by  the  assignee  in  the
  administration  of  the  estate shall be reported in detail, under oath,
  and examined and approved or disapproved by the court. If approved  they
  shall be paid out of the estate.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 21-A - Company Pension Plans; Deductions From Wages Trust Moneys; Preference.

§  21-a.  Company  pension  plans; deductions from wages trust moneys;
  preference. Moneys contributed from wages or salary by  an  employee  or
  former  employee  under  any  retirement  system  or  plan maintained or
  operated by  a  domestic  corporation,  association,  co-partnership  or
  joint-stock  company, together with all accumulations of interest, shall
  belong to the employee making the contributions and be deemed to be held
  in trust by the employer  for  the  benefit  of  the  employee.  In  all
  distribution  of  assets of such an employer or former employer, whether
  insolvent or otherwise, the amount so contributed,  together  with  such
  accumulations of interest, shall first be paid to the employee or former
  employee,  his  executors,  administrators or assigns, before payment of
  unsecured creditors.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 22 - Wages and Commissions and Preferred Claims.

§   22.  Wages  and  commissions  and  preferred  claims.  1.  In  all
  distribution of assets under all assignments made in pursuance  of  this
  article,  the  wages  or salaries actually owing to the employees of the
  assignor or assignors at the time of the execution of the assignment for
  services rendered within three months prior  to  the  execution  of  the
  assignment,  not  exceeding  one  thousand dollars to each employee, and
  after payment of  the  foregoing,  all  claims  for  cash  deposits  not
  exceeding  three  hundred  dollars  made  and  left  with an assignor or
  assignors on account of purchases at retail of merchandise or  services,
  where  such deposits were made within six months before the execution of
  the assignment and such  merchandise  has  not  been  delivered  or  the
  services  performed,  shall  be  preferred  before any other debt except
  wages or salaries as aforesaid; and should the assets of the assignor or
  assignors not be sufficient to pay in full  all  the  claims  preferred,
  pursuant  to this section, they shall be applied to the payment first of
  wages or salaries to the full amount of each such wage  or  salary,  and
  thereafter pro rata to payment of such cash deposits.
2. For the purposes of this section, wages or salaries shall mean; (a)
  all  compensation  and  benefits  payable  by  an employer to or for the
  account of the employee for personal services rendered by such employee.
  These shall  specifically  include  but  not  be  limited  to  salaries,
  overtime, vacation, holiday and severance pay; employer contributions to
  or  payments of insurance or welfare benefits; employer contributions to
  pension or annuity funds; and any other moneys properly due  or  payable
  for  services  rendered by such employee. Vacation and severance pay due
  and owing at the time of the filing of an assignment,  or  which  became
  due  and  owing  after  the  filing  of  an assignment, but prior to the
  closing of the estate, shall be considered as wages or salaries owed for
  services rendered within three months prior  to  the  execution  of  the
  assignment,  or  (b)  commissions  due  traveling  or  city  salesmen on
  salaries or commission basis, whole or part-time, whether or not selling
  exclusively for the assignor or assignors, and for the purpose  of  this
  section,  traveling  or  city  salesmen, shall include all such salesmen
  whether or not they are  independent  contractors  selling  products  or
  services  of  the  bankrupt  with or without a drawing account or formal
  contract.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 23 - Limitation of Preferences.

§  23.  Limitation  of  preferences. In all general assignments of the
  estates of debtors for the benefit of creditors  no  preference  created
  therein, other than for the wages or salaries of or moneys held in trust
  for  employees under section twenty-one-a and section twenty-two or cash
  deposits upon purchases for future delivery of merchandise  or  services
  under section twenty-two, shall be valid.
2023 New York Laws › DCD - Debtor and Creditor › Article 2 - General Assignments for the Benefit of Creditors › 24 - Appraisal of Estate in the Hands of Assignee.

§  24. Appraisal of estate in the hands of assignee. Whenever it shall
  become necessary to appraise in whole or in part any estate in the hands
  of any assignee for the benefit of creditors, the persons whose duty  it
  shall  be to make such appraisal shall value the real estate at its full
  and true value, taking into consideration actual  sales  of  neighboring
  real estate similarly situated during the year immediately preceding the
  date  of such appraisal, if any; and they shall value all such property,
  stocks, bonds or securities as are customarily bought or  sold  in  open
  markets  in the city of New York or elsewhere, for the day on which such
  appraisal or report may be required, by ascertaining the  range  of  the
  market  and  the  average  of  prices  as  thus found, running through a
  reasonable period of time.
2023 New York Laws › DCD - Debtor and Creditor › Article 2-A - Secured Creditors › 30 - Definitions.

§  30.  Definitions.  As  used  in this article, unless the context or
subject matter requires otherwise:
(a) "Liquidation proceeding" includes all assignments for the  benefit
of   creditors,  whether  voluntary  or  by  operation  of  law;  equity
receiverships where the subject under receivership is insolvent; and any
other proceedings for distribution of assets of  any  insolvent  debtor,
whether  a  person,  partnership,  corporation  or  business association
except proceedings under article seventy-four of the insurance  law  and
article thirteen of the banking law.
(b)   "Liquidator"  means  any  person  administering  assets  in  any
liquidation proceedings.
(c)  "Insolvent  debtor"  means  any  insolvent  person,  partnership,
corporation   or   business   association   involved  in  a  liquidation
proceeding.
(d) "Secured creditor" means  a  creditor  who  has  either  legal  or
equitable  security  for  his  debt  upon  any property of the insolvent
debtor of a nature to be liquidated and  distributed  in  a  liquidation
proceeding, or a creditor to whom is owed a debt for which such security
is  possessed  by  some  endorser,  surety,  or other person secondarily
liable.
(e) "Creditor's sale"  includes  any  sale  effected  by  the  secured
creditor  by  judicial  process  or  otherwise  under  the  terms of his
contract or the applicable law for the purpose  of  realizing  upon  his
security.
2023 New York Laws › DCD - Debtor and Creditor › Article 2-A - Secured Creditors › 31 - Secured Creditor's Claim to Disclose Security.

§  31. Secured creditor's claim to disclose security. In a liquidation
  proceeding every secured creditor's claim  against  the  general  assets
  shall   disclose   the  nature  of  the  security.  When  in  an  equity
  receivership it is determined that the  subject  under  receivership  is
  insolvent,  secured  creditors having claims on file which do not comply
  with this section shall make disclosure within a time to be fixed by the
  court.
2023 New York Laws › DCD - Debtor and Creditor › Article 2-A - Secured Creditors › 32 - Effect of Concealment.

§  32.  Effect of concealment. Any secured creditor who with intent to
  evade the provisions of this article fails to disclose the existence  of
  the security shall not be entitled to receive or retain dividends out of
  the  general  assets, unless he thereafter releases or surrenders to the
  liquidator the security which he has failed to disclose,  or  unless  he
  procures  such release or surrender if the security is in the possession
  of an indorser, surety, or  other  person  secondarily  liable  for  the
  insolvent debtor.
2023 New York Laws › DCD - Debtor and Creditor › Article 2-A - Secured Creditors › 33 - Value of Security Credited Upon Claims.

§  33.  Value  of  security  credited  upon  claims. Dividends paid to
  secured creditors shall be computed only upon the balance due after  the
  value  of all security not exempt from the claims of unsecured creditors
  and not released or surrendered to the  liquidator,  is  determined  and
  credited upon the claim secured by it.
2023 New York Laws › DCD - Debtor and Creditor › Article 2-A - Secured Creditors › 34 - Determination of Value by Secured Creditor.

§  34. Determination of value by secured creditor. The value of assets
constituting the security may be determined  by  one  of  the  following
methods by the secured creditor:
(1)  By  collection.  When  the  asset constituting the security is an
obligation for the payment of money, the secured creditor may  determine
its  value  by collection or by exhausting his remedies thereon and then
surrendering the obligation to the liquidator.
(2) By creditor's sale. When the asset constituting  the  security  is
something other than an obligation for the payment of money, the secured
creditor may determine its value by creditor's sale.
2023 New York Laws › DCD - Debtor and Creditor › Article 2-A - Secured Creditors › 35 - Alternative Determinations of Value.

§  35.  Alternative determinations of value. Where valuation under the
provisions of section thirty-four is impracticable or would cause  undue
delay,  the  court,  upon petition by either the secured creditor or the
liquidator, may order the value of the security determined by any of the
following methods:
(1) By compromise, if the secured creditor and  the  liquidator  agree
upon  a  value.  The liquidator may redeem such assets by payment of the
agreed value, if authorized by the court.
(2) By litigation, through proceedings in the liquidation  proceeding.
The liquidator may redeem such assets by paying the value so determined,
if authorized by the court.
(3)  By  liquidator's  sale  of  the  assets which, when completed and
approved by the court, shall pass to the purchaser good title, free  and
clear of all liens of the secured creditor, such liens to be transferred
to the proceeds of the sale. The order of the sale may be either
(a)  Conditional, requiring the sale to be made by the liquidator only
if the secured creditor does not complete a determination by  collection
or  creditor's  sale as set forth in section thirty-four of this article
within a time fixed by the court; or
(b) Absolute, requiring the sale to be made by the  liquidator  within
the time fixed by the court.
2023 New York Laws › DCD - Debtor and Creditor › Article 2-A - Secured Creditors › 36 - Exempt Security Not Credited.

§  36.  Exempt  security  not credited. When any creditor has legal or
  equitable security upon assets which are exempt  from  process  for  the
  satisfaction  of  unsecured  debts and are duly claimed as exempt by the
  insolvent debtor, the value of such security shall not be credited  upon
  the  claim.  Amounts  realized  by the creditor from such security after
  liquidation proceedings are begun  shall  be  disregarded  in  computing
  dividends,  unless  the  dividend  so  computed exceeds the sum actually
  owing upon the claim, in which event only  the  amount  owing  shall  be
  paid.
2023 New York Laws › DCD - Debtor and Creditor › Article 2-A - Secured Creditors › 37 - Constitutionality.

§  37.  Constitutionality.  If  any  provision  of this article or the
  application thereof to any person or circumstances is held invalid,  the
  invalidity  shall  not  affect  other provisions or applications thereof
  which can be given effect without the invalid provision or  application,
  and  to  this  end  the  provisions  of  this article are declared to be
  severable.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 51 - To What Court Application to Be Made.

§  51.  To  what  court application to be made. Application for such a
  discharge must be made, by the petition of the insolvent,  addressed  to
  the county court of the county in which he resides; or, if he resides in
  the city of New York, to the supreme court.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 52 - Contents of Petition.

§  52.  Contents of petition. The petition must be in writing; it must
  be signed by the insolvent, and  specify  his  residence;  it  must  set
  forth,  in  substance,  that  he is unable to pay all his debts in full;
  that he is willing to assign his property for the  benefit  of  all  his
  creditors,  and, in all other respects, to comply with the provisions of
  this article, for the purpose of being discharged from his debts; and it
  must pray that, upon his so doing, he may be discharged accordingly.  It
  must  be  verified  by  the affidavit of the insolvent, annexed thereto,
  taken on the day of the presentation thereof, to the  effect,  that  the
  petition is in all respects true, in matter of fact.