S2640A-2011: Authorizes the comptroller to pay the proceeds of the estate of Howard J. Geyer to certain persons


Same as: A3733A-2011 / Versions: S2640-2011 S2640A-2011
Print HTML Page / Print Original Bill Format / / Read or Leave Comments

Authorizes the comptroller to pay the proceeds of the estate of Howard J. Geyer to any person who can trace a familial relationship through common great-grandparents with the decedent; provides a kinship hearing in the surrogate's court of the county of Suffolk to determine persons entitled to such proceeds.
Sponsor: LAVALLE Committee: JUDICIARY
Law Section: Comptroller

S2640A-2011 Actions

S2640A-2011 Meetings

Rules: Jun 21, 2012

S2640A-2011 Calendars

Floor Calendar: Jun 21, 2012

S2640A-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 21, 2011

Ayes (23): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Nays (1): Krueger
VOTE: FLOOR VOTE: - Jun 21, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
VOTE: COMMITTEE VOTE: - Rules - Jun 21, 2012

Ayes (23): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Duane
Nays (1): Krueger
VOTE: FLOOR VOTE: - Jun 21, 2012

Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (2): Krueger, Rivera
Excused (2): Espaillat, Huntley

S2640A-2011 Memo

BILL NUMBER:S2640A

TITLE OF BILL:
An act in relation to authorizing the state comptroller to pay the
proceeds of the estate of Howard J. Geyer to any person who can trace a
familial relationship through common great-grandparents with the dece-
dent, and providing for a kinship hearing in the surrogate's court of
the county of Suffolk to determine persons entitled to such proceeds

PURPOSE:
This legislation would allow the estate of Howard Geyer to be distrib-
uted among his distant relatives, rather than be held by the comp-
troller's Office of Unclaimed Funds.

SUMMARY OF PROVISIONS:
This is a special act to authorize the New York State Comptroller to pay
the proceeds of the estate of Howard G.  Geyer to certain family
members.

JUSTIFICATION:
Howard J. Geyer died without leaving a will; as such his estate was to
be distributed according to New York State law.  Under current New York
State Estates, Powers, and Trusts Law, the definition of a distributee
is limited as someone who shares a common grandparent with the deceased.
If there is no one to claim the inheritance with this familial relation-
ship, the funds remain as abandoned property.

This legislation would authorize the New York State Comptroller to pay
the net proceeds (plus any accrued interest) of Howard Geyer's estate
from the Abandoned Property Fund of the State of New York to any person
who can trace a familial relationship to him through common great-grand-
parents. Persons entitled to the proceeds of Howard Geyer's estate shall
first be determined through a kinship hearing that would be conducted by
the surrogate's court of the county of Suffolk.

LEGISLATIVE HISTORY:
2009:    A.7288/S.5358 - Veto #71 of 2009
2007-08: A.6021/S.3210 - Passed Assembly

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after
it shall have become a law.

S2640A-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

      S. 2640--A                                            A. 3733--A

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                              January 27, 2011
                                 ___________

  IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
    ed,  and when printed to be committed to the Committee on Judiciary --
    recommitted to the Committee on Judiciary in  accordance  with  Senate
    Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
    reprinted as amended and recommitted to said committee

  IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
    to the Committee on Judiciary -- recommitted to the Committee on Judi-
    ciary  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee

  AN ACT in relation to authorizing  the  state  comptroller  to  pay  the
    proceeds  of the estate of Howard J. Geyer to any person who can trace
    a familial relationship through  common  great-grandparents  with  the
    decedent, and providing for a kinship hearing in the surrogate's court
    of  the  county  of  Suffolk  to  determine  persons  entitled to such
    proceeds

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding the provisions of section 4-1.1 of the estates, powers, and trusts law, or any other provision of law to the contrary, the state comptroller shall be authorized to pay the net proceeds of the estate of Howard J. Geyer, county of Suffolk (file No. 392A2003), plus any interest accrued, from the abandoned property fund of the state of New York, to any person who can trace a familial relationship through common great-grandparents with the decedent. Persons entitled to the proceeds of such estate, pursuant to this act, shall first be determined through a kinship hearing to be conducted by the surrogate's court of the county of Suffolk. As a condition precedent to distribution of the funds by the state comptroller, all persons enti- tled to the proceeds of such estate, as determined by the kinship hear- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07768-02-2
S. 2640--A 2 A. 3733--A ing, shall present to the state comptroller a binding legal agreement, providing for the apportionment of the proceeds of such estate plus any interest accrued, executed by all persons entitled to the proceeds. The state comptroller shall not make any payment until such agreement shall have been filed with both the surrogate's court of Suffolk County and the state comptroller. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that links to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!

blog comments powered by Disqus