Short answer

Yes — in many New York civil cases parties can use a written stipulation and proposed consent order to have the court approve distribution of sale proceeds without a contested hearing, but the court must still review and sign the order before funds are disbursed. Some situations require additional judicial approval, notice to third parties, or statutory procedures that prevent bypassing a hearing. Always confirm the procedural rules that apply to your specific case.

Detailed answer: how this works in New York

What people call a “consent order” is usually a written agreement (a stipulation or consent judgment/order) signed by the parties and submitted to the court with a request that the judge sign it and make it an order of the court. Once the judge signs, it becomes an enforceable court order. Because the order is entered by consent, the matter often proceeds without a contested hearing.

Key points under New York practice:

• Court approval is required: A signed agreement between parties is not enough on its own to release money held by the court or a court-appointed referee. The court must review and enter the proposed consent order or stipulation. Only then can the clerk or referee release funds.
• Notice to interested parties: If third parties (lienholders, judgment creditors, co-owners, trustees, or other claimants) have potential claims on the sale proceeds, the court may require notice to them and an opportunity to be heard before signing an order directing distribution. That prevents short-circuiting the rights of parties who were not part of the agreement.
• Situations that commonly allow consent orders to direct distribution:
  • Partition sales where co-owners agree how to split net proceeds and submit a stipulation and proposed order.
  • Stipulated settlements after a foreclosure referee’s report where mortgagee and other claimants agree on surplus distribution and present a proposed order for the judge to sign.
  • Surplus fund distributions where claimants disburse among themselves and ask the court to enter an order approving the allocation.
• Situations that often prevent skipping a hearing:
  • Cases involving minors, guardianship, or incapacitated persons — courts typically require an independent review (and sometimes a hearing) to ensure a settlement is fair.
  • Claims involving public liens (taxes, child support) or complex priority disputes — statutory procedures or creditor rights may force court supervision and a hearing.
  • Contested claims where all claimants do not agree to the proposed distribution.
• Court will examine the fairness and jurisdictional requirements: Even when parties submit a consent order, the judge will check whether the court has jurisdiction over the parties and the subject matter, whether the settlement is lawful and not unconscionable, and whether any statutory distribution scheme applies.

Practical example (hypothetical): Two co-owners sell a building in a partition action. They agree that after paying the sale costs and a mortgage, the remainder will be split 60/40. They sign a stipulation and submit a proposed consent order to the court asking the judge to direct the clerk to distribute the net proceeds accordingly. If no other party has a claim and the court finds the stipulation proper, the judge can sign the order and the funds will be distributed without a contested hearing. If a creditor later appears claiming a lien, the court may stay or revisit distribution.

Resources: For general court forms and procedural information, see the New York State Unified Court System: https://www.nycourts.gov

When a hearing is likely required

• If notice has not been given to all parties or potential claimants.
• If the distribution affects minors, incapacitated persons, or conservatorships.
• If federal or state statutory priorities (e.g., tax liens, child support enforcement) need to be respected.
• If there is any dispute about the accounting (costs of sale, commissions, liens, or distribution percentages).

How to present a consent order to the court (practical steps)

1. Prepare a written stipulation signed by all parties who are willing to accept the distribution terms.
2. Attach any necessary supporting documents: settlement agreement, accounting of sale proceeds, lien search or payoff statements, releases from lienholders if available.
3. Include a proposed order for the judge to sign that clearly directs the clerk/referee how to distribute funds and who is responsible for filing any necessary releases.
4. Provide proof of service or affidavit showing notice was given to all interested parties, or ask the court to dispense with notice explaining why.
5. File the stipulation and proposed order with the clerk of the court handling the case and request entry. If the judge signs, the clerk or referee will follow the order for distribution.

Helpful hints

• Get a full lien search before you agree to distributions. Unknown liens can derail a later transfer and expose you to liability.
• Attach clear pay-off statements or proof of satisfaction for mortgages, mechanic’s liens, and judgment liens when possible.
• If minors or incapacitated persons are involved, expect the court to require additional protections such as a guardian ad litem, a hearing, or approval from Surrogate’s Court or Family Court depending on the context.
• Use escrow or clerk disbursement procedures rather than informal transfers. Funds held by the court or a referee should be disbursed only after the court’s order is entered.
• If the sale produced surplus funds, check the rules on how the court treats surplus vs. payoff to the mortgagee — some procedures are automatic and some require claim filings.
• Keep records: submit an itemized accounting of the sale (gross sale price, broker commissions, closing costs, taxes, payoffs) with the proposed order to make it easier for the judge to approve distribution without a hearing.
• When in doubt, ask for a short ex parte conference or paperwork conference with the assigned judge or clerk’s office — they can advise whether the court will accept a consent order or require a hearing.

When to talk to an attorney

If competing claimants, statutory liens, minors, guardianship issues, or complicated title problems appear, you should consult an attorney. An attorney can draft a clear stipulation/proposed order, confirm necessary notice, perform lien and title searches, and advise whether a hearing will likely be required.