Title CVP, Civil Practice Law & Rules

Rule 1211. Allowance for infant's support. (a) Petition to supreme\ncourt, county court or surrogate's court; contents. A petition to the\nsupreme court, county court or the surrogate's court for the application\nof an infant's property or a portion thereof to the infant's suppo…

§ 1301. Actions in behalf of the people to be brought in the name of\nthe state. An action brought in behalf of the people, except an action\nto recover a penalty or forfeiture expressly given by law to a\nparticular officer, shall be brought in the name of the state.\n

§ 1302. Action brought on relation of a person. Where an action is\nbrought by the attorney-general on the relation or information of a\nperson having an interest in the question, the complaint shall allege,\nand the title of the action shall show, that the action is so brought.…

§ 1303. Procedure in action brought by the state. Except as otherwise\nspecially prescribed by statute or rule the proceedings in an action\nbrought by the state shall be the same as in an action by a private\nperson.\n

§ 1310. Definitions. In this article:\n 1. "Property" means and includes: real property, personal property,\nmoney, negotiable instruments, securities, or any thing of value or any\ninterest in a thing of value.\n 2. "Proceeds of a crime" means any property obtained through the\…

§ 1311. Forfeiture actions. 1. A civil action may be commenced by the\nappropriate claiming authority against a criminal defendant to recover\nthe property which constitutes the proceeds of a crime, the substituted\nproceeds of a crime, an instrumentality of a crime or the real …

§ 1311-a. Subpoena duces tecum. 1. At any time before an action\npursuant to this article is commenced, the claiming authority may,\npursuant to the provisions of subdivision two of this section, apply\nwithout notice for the issuance of a subpoena duces tecum.\n 2. An applicati…

§ 1311-b. Money judgment. If a claiming authority obtains a forfeiture\njudgment against a defendant for the proceeds, substituted proceeds,\ninstrumentality of a crime or real property instrumentality of a crime,\nbut is unable to locate all or part of any such property, the cl…

§ 1312. Provisional remedies; generally. 1. The provisional remedies\nof attachment, injunction, receivership and notice of pendency provided\nfor herein, shall be available in all actions to recover property under\nthis article.\n 2. On a motion for a provisional remedy, the cl…

§ 1313. Debt or property subject to attachment; proper garnishee. Any\ndebt or property against which a forfeiture judgment may be enforced as\nprovided under this article is subject to attachment. The proper\ngarnishee of any such property or debt is the person designated as a\…

§ 1314. Attaching creditor's rights in personal property. Where the\nclaiming authority has delivered an order of attachment to a claiming\nagent, the claiming authority's rights in a debt owed to a defendant or\nin an interest of a defendant in personal property against which d…

§ 1315. Discharge of garnishee's obligation. A person who, pursuant to\nan order of attachment, pays or delivers to the claiming agent money or\nother personal property in which a defendant has or will have an\ninterest, or so pays a debt he or she owes the defendant, is dischar…

§ 1316. Order of attachment on notice; temporary restraining order;\ncontents. Upon a motion on notice for an order of attachment, the court\nmay, without notice to the defendant, grant a temporary restraining\norder prohibiting the transfer of assets by a garnishee as provided …

§ 1317. Order of attachment without notice. 1. When granted; contents.\nAn order of attachment may be granted without notice, before or after\nservice of summons and at any time prior to judgment. It shall specify\nthe amount to be secured by the order of attachment including an…

§ 1318. Motion papers; filing; demand; damages. 1. Affidavit; other\npapers. On a motion for an order of attachment, or for an order to\nconfirm an order of attachment, the claiming authority shall show, by\naffidavit and such other written evidence as may be submitted, that\nth…

§ 1319. Service of summons. An order of attachment granted before\nservice is made on the defendant against whom the attachment is granted\nis valid only if, within sixty days after the order is granted, a\nsummons is served upon the defendant or first publication of the summons…

§ 1320. Levy upon personal property by service of order. 1. Method of\nlevy. The claiming agent shall levy upon any interest of the defendant\nin personal property, or upon any debt owed to the defendant, by serving\na copy of the order of attachment upon the garnishee, or upon …

§ 1321. Levy upon personal property by seizure. If the claiming\nauthority shall so direct the collecting agent, as an alternative to the\nmethod prescribed by section one thousand three hundred twenty of this\narticle, shall levy upon property capable of delivery by taking the\…

§ 1322. Levy upon real property. The claiming agent shall levy upon\nany interest of the defendant in real property by filing with the clerk\nof the county in which the property is located a notice of attachment\nendorsed with the name and address of the claiming authority and s…

§ 1323. Additional undertaking to carrier garnishee. A garnishee who\nis a common carrier may transport or deliver property actually loaded on\na conveyance, notwithstanding the service upon him or her of an order of\nattachment, if it was loaded without reason to believe that a…

§ 1324. Claiming agent's duties after levy. 1. Retention of property.\nThe claiming agent shall hold and safely keep all property or debts\npaid, delivered, transferred or assigned to him or her or taken into his\nor her custody to answer any judgment that may be obtained agains…

§ 1325. Garnishee's statement. Within ten days after service upon a\ngarnishee of an order of attachment, or within such shorter time as the\ncourt may direct, the garnishee shall serve upon the claiming agent a\nstatement specifying all debts of the garnishee to the defendant, …

§ 1326. Disclosure. Upon motion of any interested person, at any time\nafter the granting of an order of attachment and prior to final judgment\nin the action, upon such notice as the court may direct, the court may\norder disclosure by any person of information regarding any pr…

§ 1327. Proceedings to determine adverse claims. Prior to the\napplication of property or debt to the satisfaction of a judgment, any\nperson, other than a party to the action, who has an interest in the\nproperty subject to forfeiture may commence a special proceeding against\n…

§ 1328. Discharge of attachment. 1. A defendant whose property or debt\nhas been levied upon may move, upon notice to the claiming authority and\nthe claiming agent, for any order discharging the attachment as to all\nor part of the property or debt upon payment of the claiming …

§ 1329. Vacating or modifying attachment. 1. Motion to vacate or\nmodify. Prior to the application of property or debt to the satisfaction\nof a judgment, the defendant, the garnishee or any person having an\ninterest in the property or debt may move, on notice to each party and…

§ 1330. Annulment of attachment. An order of attachment is annulled\nwhen the action in which it was granted abates or is discontinued or a\njudgment entered therein in favor of the claiming authority is fully\nsatisfied, or a judgment is entered therein in favor of the defendan…

§ 1331. Return of property; directions to clerk and claiming agent.\nUpon motion of any interested person, on notice to the claiming agent\nand each party, the court may direct the clerk of any county to cancel a\nnotice of attachment and may direct the claiming agent to dispose…

§ 1332. Disposition of attachment property after execution issued;\npriority of orders of attachment. Where an execution is issued upon a\njudgment entered against the defendant, the claiming agent's duty with\nrespect to custody and disposition of property or debt levied upon\n…

§ 1333. Grounds for preliminary injunction and temporary restraining\norder. A preliminary injunction may be granted in any action under this\narticle, whether for money damages or otherwise, where it appears that\nthe defendant threatens or is about to do, or is doing or procur…

§ 1334. Motion papers. Affidavit; other papers. On a motion for a\npreliminary injunction the claiming authority shall show, by affidavit\nand such other written evidence as may be submitted, that there is a\ncause of action and showing grounds for relief as required by section\…

§ 1335. Temporary restraining order. 1. Generally. If, on a motion for\na preliminary injunction, the claiming authority shall show that\nimmediate and irreparable injury, loss or damages may result unless the\ndefendant is restrained before a hearing can be had, a temporary\nre…

§ 1336. Vacating or modifying preliminary injunction or temporary\nrestraining order. A defendant enjoined by a preliminary injunction may\nmove at any time, on notice to the claiming authority, to vacate or\nmodify it. On motion, without notice, made by a defendant enjoined by …

§ 1337. Ascertaining damages sustained by reason of preliminary\ninjunction or temporary restraining order. The damages sustained by\nreason of a preliminary injunction or temporary restraining order may be\nascertained upon motion on such notice to all interested persons as the…

§ 1338. Appointment and powers of temporary receiver. 1. Appointment\nof temporary receiver; joinder of moving party. Upon motion of the\nclaiming authority on any other person having an apparent interest in\nproperty which is the subject of an action pursuant to this article, a…

§ 1339. Oath. A temporary receiver, before entering upon his or her\nduties, shall be sworn faithfully and fairly to discharge the trust\ncommitted to him or her. The oath may be administered by any person\nauthorized to take acknowledgments of deeds by the real property law.\nT…

§ 1340. Undertaking. A temporary receiver shall give an undertaking in\nan amount to be fixed by the court making the appointment, that he or\nshe will faithfully discharge his or her duties.\n

§ 1341. Accounts. A temporary receiver shall keep written accounts\nitemizing receipts and expenditures, and describing the property and\nnaming the depository of receivership funds, which shall be open to\ninspection by any person having an apparent interest in the property,\nt…

§ 1342. Removal. Upon motion of any party or upon its own initiative,\nthe court which appointed a receiver may remove him or her at any time.\n

§ 1343. Notice of pendency; constructive notice. A notice of pendency\nmay be filed in any action brought pursuant to this article in which the\njudgment demanded would affect the title to, or the possession, use or\nenjoyment of, real property. The pendency of such an action is…

§ 1344. Filing, content and indexing of notice of pendency. 1. Filing.\nIn a case specified in section one thousand three hundred forty-three of\nthis article the notice of pendency shall be filed in the office of the\nclerk of any county where property affected is situated, bef…

§ 1345. Service of summons. A notice of pendency filed before an\naction is commenced is effective only if, within thirty days after\nfiling, a summons is served upon the defendant or first publication of\nthe summons against the defendant is made pursuant to an order and\npubli…

§ 1346. Duration of notice of pendency. A notice of pendency shall be\neffective for a period of three years from the date of filing. Before\nexpiration of a period or extended period, the court, upon motion of the\nclaiming authority and upon such notice as it may require, for …

§ 1347. Motion for cancellation of notice of pendency. 1. Mandatory\ncancellation. The court, upon motion of any person aggrieved and upon\nsuch notice as it may require, shall direct any county clerk to cancel a\nnotice of pendency, if service of a summons has not been complete…

§ 1348. Undertaking for cancellation of notice of pendency. The court,\nupon motion of any person aggrieved and upon such notice of pendency as\nit may require, may direct any county clerk to cancel a notice of\npendency, upon such terms as are just, whether or not the judgment\…

§ 1349. Disposal of property. 1. Any judgment or order of forfeiture\nissued pursuant to this article shall include provisions for the\ndisposal of the property found to have been forfeited.\n 2. If any other provision of law expressly governs the manner of\ndisposition of prope…

§ 1350. Rules of procedure; in general. The civil practice law and\nrules shall govern the procedure in proceedings and actions commenced\nunder this article, except where the procedure is regulated by any\ninconsistent provisions herein.\n

§ 1351. Application of article. If any provision of this article or\nthe application thereof to any person or circumstances shall be adjudged\nby any court of competent jurisdiction to be invalid or\nunconstitutional, such judgment shall not affect, impair or invalidate\nthe rem…

§ 1352. Preservation of other rights and remedies. The remedies\nprovided for in this article are not intended to substitute for or limit\nor supersede the lawful authority of any public officer or agency or\nother person to enforce any other right or remedy provided for by law.…

§ 1353. Civil remedies. 1. Upon or after conviction of a person of any\nsubdivision of section 460.20 of the penal law, the court may, after\nmaking due provision for the rights of innocent persons, enjoin future\nactivity by the person so convicted or an enterprise he controls …