When property paid into court is deposited with any depository, the entry of such deposit in the books of the depository shall contain a short reference to the title of the cause or matter in relation to which the deposit is made and shall specify the time from which any interest or accumulation on the deposit, if any, is to commence. On or before the first day of February in each year, such depository shall transmit to the appellate division of the supreme court in the department in which the depository is situated a statement describing the property in its custody, including interest or accumulation, if any, to the credit of each cause or matter on the last preceding first day of January.
R 2605.Duties of depositories
Article 26. Property Paid Into Court · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 2605 requires any depository holding property paid into court to note which case the deposit belongs to and when interest starts running, and to file an annual statement with the Appellate Division listing everything it holds.
Full Text of CPLR 2605
Plain-English Summary
Property paid into court can sit with a depository for years, and someone needs a paper trail to keep track of it. CPLR 2605 requires the depository's own books to identify, in short form, the case the deposit relates to and the date from which any interest or accumulation begins to run.
On top of that internal recordkeeping, the depository owes an outside check. By February 1 of each year, it must send the Appellate Division of the Supreme Court in its department a statement describing everything in its custody, including any interest or accumulation credited to each case as of the preceding January 1. That yearly report gives the courts a standing picture of what's being held and lets discrepancies surface before they become bigger problems.
Frequently Asked Questions
What records must a depository keep for property paid into court?
Its books must include a short reference to the case the deposit relates to and specify when any interest or accumulation on the deposit begins to run.
When must a depository report on property it holds under CPLR 2605?
On or before February 1 of each year, the depository must send a statement to the Appellate Division covering property in its custody as of the prior January 1.
Who receives the annual statement about property paid into court?
The Appellate Division of the Supreme Court for the department where the depository is located receives it.
What must the depository's annual statement describe?
It must describe the property in the depository's custody, including any interest or accumulation credited to each case, as of the last preceding January 1.
Does CPLR 2605 apply to banks holding court-ordered deposits?
It applies to any depository holding property paid into court, which includes banks and other institutions the court designates to hold such property.
Advisory Committee Notes
This rule is derived from RCP 34. The word “moneys” has been changed to “property” to include property deposited in a warehouse. The phrase “by order of the court” has been omitted in order to cover situations in which money is paid into court without an order (see CPLR rule 3219), and situations in which the treasurer deposits money in his own discretion in the absence of any court order. See State Finance Law § 182. The words “where it does not commence from the date of such deposit” are omitted as unnecessary. The phrase “property deposited with it” in the rule has replaced the phrase “funds in its custody” in order to avoid any possible confusion between the custodian of the property and the depository thereof.
Amendment History
Formerly § 2605, add, L 1962, ch 308, § 1; amd, L 1962, ch 318, § 9, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: duties of depositories New York courtannual report property paid into courtappellate division statement court depositsdepository recordkeeping CPLR