Article 26. Property Paid Into Court · Last amended 1975 · Last verified July 21, 2026
In one sentenceCPLR 2606 sets the two routes for releasing property held in court — a motion with notice to every party who appeared or claimed the property, or a special proceeding — and requires the request to include the underlying order and a treasurer's certificate of the property's current status.
Full Text of CPLR 2606
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Unless otherwise directed by the judgment or order under which the property was paid into court, an order for the payment of property out of court shall be made only:
1. on motion with notice to all parties who have appeared or filed a notice of claim to such property; or 2. by special proceeding. In either case the petition shall be accompanied by a copy of the judgment, order or other paper under which the property was paid into court, together with a certificate of the county treasurer or other depository of the property, showing the present condition and amount thereof, and stating separately, in the case of money, the amount of principal and interest.
Plain-English Summary
Getting money or property back out of court custody isn't automatic once a dispute settles. CPLR 2606 gives two paths, unless the judgment or order that sent the property into court already spells out how it comes back out: a motion on notice to every party who has appeared or filed a notice of claim to the property, or a special proceeding.
Either way, the request has to come with documentation. It must include a copy of the judgment, order, or other paper that put the property into court in the first place, along with a certificate from the county treasurer or other depository showing the property's present condition and amount. For money, that certificate must break out principal from interest separately, so the court can see exactly what's accrued and what hasn't.
Frequently Asked Questions
How do I get money released that was paid into a New York court?
Unless the original judgment or order already directs how the release happens, you need either a motion on notice to all appearing or claiming parties, or a special proceeding, under CPLR 2606.
What must accompany a motion or petition to release property paid into court?
A copy of the judgment, order, or other paper under which the property was paid in, plus a certificate from the county treasurer or depository showing the property's present condition and amount.
Who must be notified before property paid into court is released?
Every party who has appeared in the action or filed a notice of claim to the property must receive notice of the motion.
What does a treasurer's certificate under CPLR 2606 need to show?
It must show the present condition and amount of the property and, for money, state the principal and interest amounts separately.
Can property paid into court be released without a motion?
Yes, through a special proceeding instead of a motion, or however the original judgment or order under which the property was paid in already directs.
Advisory Committee Notes
Paragraph 2 embodies the first paragraph of former rule 32 with such changes in language as were necessary for consistency. The words “or other paper” were added to take into account situations such as tender and offer, in which payment might be made into court without an order. See CPLR rule 3219. In that instance, a pleading alleging a tender and payment into court must be presented. Former rule 31 has been omitted as unnecessary. If payment is to be made on the basis of consent, the consent may be proved when the motion is made or in a special proceeding. This rule embodies rule 31 and all except the last four sentences of RCP 32. Paragraph 1 is a restatement and condensation of the first sentence of the second paragraph of former rule 32. Paragraph 1 requires notice to all parties who have appeared for filed notice of claim. This is the requirement of RCP 32 and the Committee feels that the greater protection it affords to the parties is preferable to giving the court discretion to direct such notice as it deems proper. The phrase at the beginning of the rule “Unless otherwise directed by the judgment or order under which the property was paid into court” has been added. The trouble of bringing a motion or proceeding should be spared in such cases as where the money is held subject to attainment of majority of a child.
Amendment History
Formerly § 2606, add, L 1962, ch 308, § 1; amd, L 1962, ch 318, § 9; L 1974, ch 878, § 1, eff Sept 1, 1975.
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:release money paid into court New Yorkmotion for payment out of court NYspecial proceeding release court fundscounty treasurer certificate court deposit