Commercial Division Blog
Posted: March 16, 2015 / Categories Commercial, Court Rules/Procedures
Opportunity to Comment on Proposed New Court Rule Regarding the Recognition of Tribal Court Judgments
The Office of Court Administration has asked for further public comment on a proposed new rule (22 NYCRR § 202.71), relating to establishment of a procedure for recognition of judgments rendered by tribunals or courts of tribes recognized by New York State or the United States.
The proposed new rule would provide:
Any person seeking recognition of a judgment, decree or order rendered by a court duly established under tribal or federal law by any Indian tribe, band or nation recognized by the State of New York or by the United States may commence a special proceeding in Supreme Court pursuant to Article 4 of the CPLR by filing a notice of petition and a petition with a copy of the tribal court judgment, decree or order appended thereto in the County Clerk's office in any appropriate county of the state. If the court finds that the judgment, decree or order is entitled to recognition under principles of the common law of comity, it shall direct entry of the tribal judgment, decree or order as a judgment, decree or order of the Supreme Court of the State of New York. This procedure shall not supplant or diminish other available procedures for the recognition of judgments, decrees and orders under the law.
E-mail comments to email@example.com by April 23, 2015.