Title CVP, Civil Practice Law & Rules

§ 5703. Appeals to appellate division from appellate courts. (a) From\nappellate terms. An appeal may be taken to the appellate division, from\nan order of the appellate term which determines an appeal from a\njudgment or order of a lower court, by permission of the appellate te…

§ 5704. Review of ex parte orders. (a) By appellate division. The\nappellate division or a justice thereof may vacate or modify any order\ngranted without notice to the adverse party by any court or a judge\nthereof from which an appeal would lie to such appellate division; and\…

§ 5711. Where appeal heard. Except as provided in subdivision (d) of\nrule 511, an appeal to the appellate division shall be brought in the\ndepartment embracing the county in which the judgment or order appealed\nfrom is entered and there heard and determined unless, in further…

§ 5712. Content of order determining appeal. (a) Dissents. Every order\nof the appellate division determining an appeal shall state whether one\nor more justices dissent from the determination.\n (b) Order of affirmance. Whenever the appellate division, although\naffirming a fin…

§ 5713. Content of order granting permission to appeal to court of\nappeals. When the appellate division grants permission to appeal to the\ncourt of appeals, its order granting such permission shall state that\nquestions of law have arisen which in its opinion ought to be revie…

§ 6001. Kinds of provisional remedies; when remedy available to\ndefendant. The provisional remedies are attachment, injunction,\nreceivership and notice of pendency. On a motion for a provisional\nremedy, the plaintiff shall state whether any other provisional remedy\nhas been …

§ 601. Joinder of claims. (a) The plaintiff in a complaint or the\ndefendant in an answer setting forth a counterclaim or cross-claim may\njoin as many claims as he may have against an adverse party. There may\nbe like joinder of claims when there are multiple parties.\n (b) Two…

§ 602. Consolidation. (a) Generally. When actions involving a common\nquestion of law or fact are pending before a court, the court, upon\nmotion, may order a joint trial of any or all the matters in issue, may\norder the actions consolidated, and may make such other orders\ncon…

§ 603. Severance and separate trials. In furtherance of convenience or\nto avoid prejudice the court may order a severance of claims, or may\norder a separate trial of any claim, or of any separate issue. The court\nmay order the trial of any claim or issue prior to the trial of…

§ 604. Change by supreme court of place of trial of action pending in\nanother court. Upon motion of any party, the supreme court may order\nthat an issue of fact in an action pending in another court, except an\naction relating to real property pending in a county court, be tri…

§ 6201. Grounds for attachment. An order of attachment may be granted\nin any action, except a matrimonial action, where the plaintiff has\ndemanded and would be entitled, in whole or in part, or in the\nalternative, to a money judgment against one or more defendants, when:\n 1.…

§ 6202. Debt or property subject to attachment; proper garnishee. Any\ndebt or property against which a money judgment may be enforced as\nprovided in section 5201 is subject to attachment. The proper garnishee\nof any such property or debt is the person designated in section 52…

§ 6203. Attaching creditor's rights in personal property. Where a\nplaintiff has delivered an order of attachment to a sheriff, the\nplaintiff's rights in a debt owed to the defendant or in an interest of\nthe defendant in personal property against which debt or property a\njudg…

§ 6204. Discharge of garnishee's obligation. A person who, pursuant to\nan order of attachment, pays or delivers to the sheriff money or other\npersonal property in which a defendant has or will have an interest, or\nso pays a debt he owes the defendant, is discharged from his o…

§ 6205. Order of attachment in certain cases. An order of attachment\nmay be granted in aid of execution to a party that has been awarded a\nmoney judgment against a foreign state, as defined in 28 United States\nCode Section 1603, in accordance with and subject to the limitatio…

§ 6210. 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 …

§ 6211. Order of attachment without notice. (a) When granted;\ncontents. An order of attachment may be granted without notice, before\nor after service of summons and at any time prior to judgment, or as\nprovided in section sixty-two hundred five of this article. It shall\nspec…

Rule 6212. Motion papers; undertaking; filing; demand; damages. (a)\nAffidavit; other papers. On a motion for an order of attachment, or for\nan order to confirm an order of attachment, the plaintiff shall show, by\naffidavit and such other written evidence as may be submitted, …

§ 6213. 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…

§ 6214. Levy upon personal property by service of order. (a) Method of\nlevy. The sheriff shall levy upon any interest of the defendant in\npersonal property, or upon any debt owed to the defendant, by serving a\ncopy of the order of attachment upon the garnishee, or upon the\nd…

§ 6215. Levy upon personal property by seizure. If the plaintiff shall\nso direct and shall furnish the sheriff indemnity satisfactory to him or\nfixed by the court, the sheriff, as an alternative to the method\nprescribed by section 6214, shall levy upon property capable of del…

§ 6216. Levy upon real property. The sheriff shall levy upon any\ninterest of the defendant in real property by filing with the clerk of\nthe county in which the property is located a notice of attachment\nindorsed with the name and address of the plaintiff's attorney and\nstati…

§ 6217. 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 of an order of\nattachment, if it was loaded without reason to believe that an order…

§ 6218. Sheriff's duties after levy. (a) Retention of property. The\nsheriff shall hold and safely keep all property or debts paid,\ndelivered, transferred or assigned to him or taken into his custody to\nanswer any judgment that may be obtained against the defendant in the\nact…

§ 6219. 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 sheriff a statement\nspecifying all debts of the garnishee to the defendant, when th…

§ 6220. 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…

§ 6221. Proceedings to determine adverse claims. Prior to the\napplication of property or debt to the satisfaction of a judgment, any\ninterested person may commence a special proceeding against the\nplaintiff to determine the rights of adverse claimants to the property\nor debt…

§ 6222. Discharge of attachment. A defendant whose property or debt\nhas been levied upon may move, upon notice to the plaintiff and the\nsheriff, for an order discharging the attachment as to all or a part of\nthe property or debt upon payment of the sheriff's fees and expenses…

§ 6223. Vacating or modifying attachment. (a) Motion to vacate or\nmodify. Prior to the application of property or debt to the\nsatisfaction of a judgment, the defendant, the garnishee or any person\nhaving an interest in the property or debt may move, on notice to each\nparty a…

§ 6224. 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 plaintiff is fully satified, or\na judgment is entered therein in favor of the defendant. In the…

§ 6225. Return of property; directions to clerk and sheriff. Upon\nmotion of any interested person, on notice to the sheriff and each\nparty, the court may direct the clerk of any county to cancel a notice\nof attachment and may direct the sheriff to dispose of, account for,\nas…

§ 6226. Disposition of attached property after execution issued;\npriority of orders of attachment. Where an execution is issued upon a\njudgment entered against the defendant, the sheriff's duty with respect\nto custody and disposition of property or debt levied upon pursuant t…

§ 6301. Grounds for preliminary injunction and temporary restraining\norder. A preliminary injunction may be granted in any action where it\nappears that the defendant threatens or is about to do, or is doing or\nprocuring or suffering to be done, an act in violation of the\npla…

§ 6311. Preliminary injunction. 1. A preliminary injunction may be\ngranted only upon notice to the defendant. Notice of the motion may be\nserved with the summons or at any time thereafter and prior to judgment.\nA preliminary injunction to restrain a public officer, board or\n…

Rule 6312. Motion papers; undertaking; issues of fact. (a) Affidavit;\nother evidence. On a motion for a preliminary injunction the plaintiff\nshall show, by affidavit and such other evidence as may be submitted,\nthat there is a cause of action, and either that the defendant th…

§ 6313. Temporary restraining order. (a) Generally. If, on a motion\nfor a preliminary injunction, the plaintiff shall show that immediate\nand irreparable injury, loss or damages will result unless the defendant\nis restrained before a hearing can be had, a temporary restrainin…

§ 6314. 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 plaintiff, to vacate or modify it. On\nmotion, without notice, made by a defendant enjoined by a tempora…

§ 6315. 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…

§ 6330. Obscene prints and articles; jurisdiction. The supreme court\nhas jurisdiction to enjoin the sale or distribution of obscene prints\nand articles, as hereinafter specified:\n 1. The district attorney of any county, the chief executive officer of\nany city, town or villag…

§ 6340. Definitions. For the purposes of this article:\n 1. "Extreme risk protection order" means a court-issued order of\nprotection prohibiting a person from purchasing, possessing or\nattempting to purchase or possess a firearm, rifle or shotgun.\n 2. "Petitioner" means: (a) …

§ 6341. Application for an extreme risk protection order. In\naccordance with this article, a petitioner may file an application,\nwhich shall be sworn, and accompanying supporting documentation, setting\nforth the facts and circumstances justifying the issuance of an extreme\nr…

§ 6342. Issuance of a temporary extreme risk protection order. 1. Upon\napplication of a petitioner pursuant to this article, the court may\nissue a temporary extreme risk protection order, ex parte or otherwise,\nto prohibit the respondent from purchasing, possessing or attempt…

§ 6343. Issuance of a final extreme risk protection order. 1. In\naccordance with this article, no sooner than three business days nor\nlater than six business days after service of a temporary extreme risk\nprotection order and, alternatively, no later than ten business days\na…

§ 6344. Surrender and removal of firearms, rifles and shotguns\npursuant to an extreme risk protection order. 1. When a law enforcement\nofficer takes any firearm, rifle or shotgun pursuant to a temporary\nextreme risk protection order or a final extreme risk protection order,\n…

§ 6345. Request for renewal of an extreme risk protection order. 1. If\na petitioner believes a person subject to an extreme risk protection\norder continues to be likely to engage in conduct that would result in\nserious harm to himself, herself, or others, as defined in paragr…

§ 6346. Expiration of an extreme risk protection order. 1. A\nprotection order issued pursuant to this article, and all records of any\nproceedings conducted pursuant to this article, shall be sealed upon\nexpiration of such order and the clerk of the court wherein such\nproceed…

§ 6347. Effect of findings and determinations in subsequent\nproceedings. Notwithstanding any contrary claim based on common law or a\nprovision of any other law, no finding or determination made pursuant to\nthis article shall be interpreted as binding, or having collateral\nes…

§ 6348. Protections for health care providers applying for an extreme\nrisk protection order. 1. (a) Notwithstanding the privileges set forth\nin article forty-five of this chapter, or any other provision of law to\nthe contrary, a health care provider authorized under paragraph…

§ 6401. Appointment and powers of temporary receiver. (a) Appointment\nof temporary receiver; joinder of moving party. Upon motion of a person\nhaving an apparent interest in property which is the subject of an\naction in the supreme or a county court, a temporary receiver of th…

§ 6402. Oath. A temporary receiver, before entering upon his duties,\nshall be sworn faithfully and fairly to discharge the trust committed to\nhim. The oath may be administered by any person authorized to take\nacknowledgments of deeds by the real property law. The oath may be\…