Title CVP, Civil Practice Law & Rules

§ 6403. Undertaking. A temporary receiver shall give an undertaking in\nan amount to be fixed by the court making the appointment, that he will\nfaithfully discharge his duties.\n

§ 6404. 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.\nU…

§ 6405. Removal. Upon motion of any party or upon its own initiative,\nthe court which appointed a receiver may remove him at any time.\n

§ 6501. Notice of pendency; constructive notice. (a) A notice of\npendency may be filed in any action in a court of the state or of the\nUnited States in which the judgment demanded would affect the title to,\nincumbrance of, or the possession, use or enjoyment of, real property…

Rule 6511. Filing, content and indexing of notice of pendency. (a)\nFiling. In a case specified in section 6501, the notice of pendency\nshall be filed in the office of the clerk of any county where property\naffected is situated, before or after service of summons and at any ti…

§ 6512. Service of summons. A notice of pendency is effective only if,\nwithin thirty days after filing, a summons is served upon the defendant\nor first publication of the summons against the defendant is made\npursuant to an order and publication is subsequently completed. If …

§ 6513. 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\nplaintiff and upon such notice as it may require, for good caus…

§ 6514. Motion for cancellation of notice of pendency. (a) 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 complet…

§ 6515. Undertaking for cancellation of notice of pendency; security\nby plaintiff. In any action other than a foreclosure action as defined\nin subdivision (b) of section 6516 of this article or for partition or\ndower, the court, upon motion of any person aggrieved and upon su…

§ 6516. Successive notices of pendency. (a) In a foreclosure action, a\nsuccessive notice of pendency may be filed to comply with section\nthirteen hundred thirty-one of the real property actions and proceedings\nlaw, notwithstanding that a previously filed notice of pendency in…

§ 7001. Application of article; special proceeding. Except as\notherwise prescribed by statute, the provisions of this article are\napplicable to common law or statutory writs of habeas corpus and common\nlaw writs of certiorari to inquire into detention. A proceeding under\nthi…

§ 7002. Petition. (a) By whom made. A person illegally imprisoned or\notherwise restrained in his liberty within the state, or one acting on\nhis behalf or a party in a child abuse proceeding subsequent to an order\nof the family court, may petition without notice for a writ of …

§ 7003. When the writ shall be issued. (a) Generally. The court to\nwhom the petition is made shall issue the writ without delay on any day,\nor, where the petitioner does not demand production of the person\ndetained or it is clear that there is no disputable issue of fact, ord…

§ 7004. Content of writ. (a) For whom issued. The writ shall be issued\non behalf of the state, and where issued upon the petition of a private\nperson, it shall show that it was issued upon his relation.\n (b) To whom directed. The writ shall be directed to, and the\nrespondent…

§ 7005. Service of the writ. A writ of habeas corpus may be served on\nany day. Service shall be made by delivering the writ and a copy of the\npetition to the person to whom it is directed. If he cannot with due\ndiligence be found, the writ may be served by leaving it and a co…

§ 7006. Obedience to the writ. (a) Generally; defects in form. A\nperson upon whom the writ or a copy thereof is served, whether it is\ndirected to him or not, shall make a return to it and, if required by\nit, produce the body of the person detained at the time and place\nspeci…

§ 7007. Warrant preceding or accompanying writ. A court authorized to\nissue a writ of habeas corpus, upon satisfactory proof that a person is\nwrongfully detained and will be removed from the state or suffer\nirreparable injury before he can be relieved by habeas corpus, shall\…

§ 7008. Return. (a) When filed and served. The return shall consist of\nan affidavit to be served in the same manner as an answer in a special\nproceeding and filed at the time and place specified in the writ, or,\nwhere the writ is returnable forthwith, within twenty-four hours…

§ 7009. Hearing. (a) Notice before hearing. Where the detention is by\nvirtue of a mandate, the court shall not adjudicate the issues in the\nproceeding until written notice of the time and place of the hearing has\nbeen served either personally eight days prior to the hearing, …

§ 7010. Determination of proceeding. (a) Discharge. If the person is\nillegally detained a final judgment shall be directed discharging him\nforthwith. No person detained shall be discharged for a defect in the\nform of the commitment, or because the person detaining him is not\…

§ 7011. Appeal. An appeal may be taken from a judgment refusing to\ngrant a writ of habeas corpus or refusing an order to show cause issued\nunder subdivision (a) of section 7003, or from a judgment made upon the\nreturn of such a writ or order to show cause. A person to whom no…

§ 7012. Redetention after discharge. A person discharged upon the\nreturn of a writ of habeas corpus shall not be detained for the same\ncause, except by virtue of a subsequent lawful mandate.\n

§ 7101. When action may be brought. An action under this article may\nbe brought to try the right to possession of a chattel.\n

§ 7102. Seizure of chattel on behalf of plaintiff. (a) Seizure of\nchattel. When the plaintiff delivers to a sheriff an order of seizure,\nthe papers on which the order was granted, the undertaking and a summons\nand complaint bearing the index number and the date of filing with…

§ 7103. Reclaiming, impounding or returning chattel. (a) Reclaiming\nchattel. A chattel may be reclaimed by any person claiming the right to\nits possession, except a defendant claiming only a lien thereon or a\nsecurity interest therein , by service upon the sheriff, and upon a…

§ 7104. Seizing, reclaiming or returning less than all chattels. Where\nthe seizure of two or more chattels is required by the order of seizure,\nthe sheriff shall seize those chattels which can be found. Less than all\nof the seized chattels may be impounded, reclaimed or retur…

§ 7105. Sale of perishable property. Upon motion with such notice as\nthe court may require, the court may order the sheriff to sell\nperishable property which has been seized. The court shall prescribe\nthe time and place of the sale, and the manner and time in which notice\nth…

§ 7106. Payment of sheriff's fees and expenses; liability of sheriff.\n(a) Payment of sheriff's fees and expenses. The sheriff shall not\ndeliver a chattel to the person entitled to possession unless such\nperson shall, upon request, pay to the sheriff his lawful fees and the\ne…

§ 7107. Sheriff's return. The sheriff shall file with the clerk a\nreturn within twenty days after he has delivered a chattel; it shall\ninclude all papers delivered to or served on him and a statement of all\naction taken by him. Where the sheriff has not filed a return before …

§ 7108. Judgment; execution in certain cases; enforcement by contempt.\n(a) Generally. Damages for wrongful taking or detention or for injury to\nor depreciation of a chattel may be awarded to a party. If an order of\nseizure granted without notice is not confirmed as required p…

§ 7109. Unique chattel. (a) Injunction, temporary restraining order.\nWhere the chattel is unique, the court may grant a preliminary\ninjunction or temporary restraining order that the chattel shall not be\nremoved from the state, transferred, sold, pledged, assigned or\notherwi…

§ 7110. Sheriff's powers. If the order of seizure so provides, the\nsheriff, in accordance with the order of seizure, may break open, enter\nand search for the chattel in the place where the chattel may be and\ntake the chattel into his possession.\n

§ 7111. Action on undertaking. An action on an undertaking cannot be\nmaintained after final judgment until the return, wholly or partly\nunsatisfied, of an execution on the judgment for delivery of possession\nof the chattel or for payment of a sum of money in lieu of the chatt…

§ 7112. Testimony by deposition to ascertain location of chattel. A\nparty to an action to recover a chattel may move, upon such notice as\nthe court may direct, upon a showing that he lacks knowledge of the\nlocation of the chattel or a part thereof, for an order to examine any…

§ 7201. Action by state. (a) Statutory penalty or forfeiture. Where\nproperty has been forfeited or a penalty incurred to the state or to an\nofficer, for its use, pursuant to statute, the attorney-general, or the\ndistrict attorney of the county in which the action is triable, …

§ 7202. Action by person aggrieved. Where a penalty or forfeiture is\ngiven by a statute to a person aggrieved by the act or omission of\nanother, the person aggrieved may commence an action to recover it.\n

§ 7203. Action by common informer. (a) When maintainable. Where a\npenalty or forfeiture is given by a statute to any person, an action to\nrecover it may be maintained by any person in his own name; but the\naction cannot be compromised or settled without the leave of the court…

§ 7204. Recovery of part of penalty or forfeiture. Where a statute\ngives a pecuniary penalty or forfeiture not exceeding a specified sum,\nthe whole sum or a part proportionate to the offense may be awarded.\n

§ 7205. Defense of good faith reliance on judicial decision. No action\nfor a penalty or forfeiture may be brought for an act done in good faith\nand pursuant to a construction given to a statute by a decision of an\nappellate court and adjudged lawful thereby, where such act wa…

§ 7501. Effect of arbitration agreement. A written agreement to\nsubmit any controversy thereafter arising or any existing controversy to\narbitration is enforceable without regard to the justiciable character\nof the controversy and confers jurisdiction on the courts of the sta…

§ 7502. Applications to the court; venue; statutes of limitation;\nprovisional remedies. (a) Applications to the court; venue. A special\nproceeding shall be used to bring before a court the first application\narising out of an arbitrable controversy which is not made by motion …

§ 7503. Application to compel or stay arbitration; stay of action;\nnotice of intention to arbitrate. (a) Application to compel\narbitration; stay of action. A party aggrieved by the failure of\nanother to arbitrate may apply for an order compelling arbitration.\nWhere there is …

§ 7504. Court appointment of arbitrator. If the arbitration agreement\ndoes not provide for a method of appointment of an arbitrator, or if the\nagreed method fails or for any reason is not followed, or if an\narbitrator fails to act and his successor has not been appointed, the…

§ 7505. Powers of arbitrator. An arbitrator and any attorney of record\nin the arbitration proceeding has the power to issue subpoenas. An\narbitrator has the power to administer oaths.\n

§ 7506. Hearing. (a) Oath of arbitrator. Before hearing any testimony,\nan arbitrator shall be sworn to hear and decide the controversy\nfaithfully and fairly by an officer authorized to administer an oath.\n (b) Time and place. The arbitrator shall appoint a time and place for\…

§ 7507. Award; form; time; delivery. Except as provided in section\n7508, the award shall be in writing, signed and affirmed by the\narbitrator making it within the time fixed by the agreement, or, if the\ntime is not fixed, within such time as the court orders. The parties may\…

§ 7508. Award by confession. (a) When available. An award by\nconfession may be made for money due or to become due at any time before\nan award is otherwise made. The award shall be based upon a statement,\nverified by each party, containing an authorization to make the award,\…

§ 7509. Modification of award by arbitrator. On written application of\na party to the arbitrators within twenty days after delivery of the\naward to the applicant, the arbitrators may modify the award upon the\ngrounds stated in subdivision (c) of section 7511. Written notice o…

§ 7510. Confirmation of award. The court shall confirm an award upon\napplication of a party made within one year after its delivery to them,\nunless the award is vacated or modified upon a ground specified in\nsection seventy-five hundred eleven of this article.\n

§ 7510-a. Confirmation of award for public sector arbitrations. (a)\nThe court shall confirm an award in a public sector arbitration\nproceeding upon application of a party made within one year after its\ndelivery to the party, unless an application to vacate or modify the\nawar…