New York Civil Practice Law & Rules Article 13-A - PROCEEDS OF A CRIME-FORFEITURE

• 1310 - Definitions.
  In this article: 1. "Property" means and includes: real property, personal property, money, negotiable instruments, securities, or any thing of value or any interest in...
• 1311 - Forfeiture Actions.
  1. A civil action may be commenced by the appropriate claiming authority against a criminal defendant to recover the property which constitutes the proceeds of...
• 1311-a - Subpoena Duces Tecum.
  1. At any time before an action pursuant to this article is commenced, the claiming authority may, pursuant to the provisions of subdivision two of...
• 1312 - Provisional Remedies; Generally.
  1. The provisional remedies of attachment, injunction, receivership and notice of pendency provided for herein, shall be available in all actions to recover property or...
• 1313 - Debt or Property Subject to Attachment; Proper Garnishee.
  Any debt or property against which a forfeiture judgment may be enforced as provided under this article is subject to attachment. The proper garnishee of...
• 1314 - Attaching Creditor's Rights in Personal Property.
  Where the claiming authority has delivered an order of attachment to a claiming agent, the claiming authority's rights in a debt owed to a defendant...
• 1315 - Discharge of Garnishee's Obligation.
  A person who, pursuant to an order of attachment, pays or delivers to the claiming agent money or other personal property in which a defendant...
• 1316 - Order of Attachment on Notice; Temporary Restraining Order; Contents.
  Upon a motion on notice for an order of attachment, the court may, without notice to the defendant, grant a temporary restraining order prohibiting the...
• 1317 - Order of Attachment Without Notice.
  1. When granted; contents. An order of attachment may be granted without notice, before or after service of summons and at any time prior to...
• 1318 - Motion Papers; Filing; Demand; Damages.
  1. Affidavit; other papers. On a motion for an order of attachment, or for an order to confirm an order of attachment, the claiming authority...
• 1319 - Service of Summons.
  An order of attachment granted before service is made on the defendant against whom the attachment is granted is valid only if, within sixty days...
• 1320 - Levy Upon Personal Property by Service of Order.
  1. Method of levy. The claiming agent shall levy upon any interest of the defendant in personal property, or upon any debt owed to the...
• 1321 - Levy Upon Personal Property by Seizure.
  If the claiming authority shall so direct the collecting agent, as an alternative to the method prescribed by section one thousand three hundred twenty of...
• 1322 - Levy Upon Real Property.
  The claiming agent shall levy upon any interest of the defendant in real property by filing with the clerk of the county in which the...
• 1323 - Additional Undertaking to Carrier Garnishee.
  A garnishee who is a common carrier may transport or deliver property actually loaded on a conveyance, notwithstanding the service upon him or her of...
• 1324 - Claiming Agent's Duties After Levy.
  1. Retention of property. The claiming agent shall hold and safely keep all property or debts paid, delivered, transferred or assigned to him or her...
• 1325 - Garnishee's Statement.
  Within ten days after service upon a garnishee of an order of attachment, or within such shorter time as the court may direct, the garnishee...
• 1326 - Disclosure.
  Upon motion of any interested person, at any time after the granting of an order of attachment and prior to final judgment in the action,...
• 1327 - Proceedings to Determine Adverse Claims.
  Prior to the application of property or debt to the satisfaction of a judgment, any person, other than a party to the action, who has...
• 1328 - Discharge of Attachment.
  1. A defendant whose property or debt has been levied upon may move, upon notice to the claiming authority and the claiming agent, for any...
• 1329 - Vacating or Modifying Attachment.
  1. Motion to vacate or modify. Prior to the application of property or debt to the satisfaction of a judgment, the defendant, the garnishee or...
• 1330 - Annulment of Attachment.
  An order of attachment is annulled when the action in which it was granted abates or is discontinued or a judgment entered therein in favor...
• 1331 - Return of Property; Directions to Clerk and Claiming Agent.
  Upon motion of any interested person, on notice to the claiming agent and each party, the court may direct the clerk of any county to...
• 1332 - Disposition of Attachment Property After Execution Issued; Priority of Orders of Attachment.
  Where an execution is issued upon a judgment entered against the defendant, the claiming agent's duty with respect to custody and disposition of property or...
• 1333 - Grounds for Preliminary Injunction and Temporary Restraining Order.
  A preliminary injunction may be granted in any action under this article, whether for money damages or otherwise, where it appears that the defendant threatens...
• 1334 - Motion Papers.
  Affidavit; other papers. On a motion for a preliminary injunction the claiming authority shall show, by affidavit and such other written evidence as may be...
• 1335 - Temporary Restraining Order.
  1. Generally. If, on a motion for a preliminary injunction, the claiming authority shall show that immediate and irreparable injury, loss or damages may result...
• 1336 - Vacating or Modifying Preliminary Injunction or Temporary Restraining Order.
  A defendant enjoined by a preliminary injunction may move at any time, on notice to the claiming authority, to vacate or modify it. On motion,...
• 1337 - Ascertaining Damages Sustained by Reason of Preliminary Injunction or Temporary Restraining Order.
  The damages sustained by reason of a preliminary injunction or temporary restraining order may be ascertained upon motion on such notice to all interested persons...
• 1338 - Appointment and Powers of Temporary Receiver.
  1. Appointment of temporary receiver; joinder of moving party. Upon motion of the claiming authority on any other person having an apparent interest in property...
• 1339 - Oath.
  A temporary receiver, before entering upon his or her duties, shall be sworn faithfully and fairly to discharge the trust committed to him or her....
• 1340 - Undertaking.
  A temporary receiver shall give an undertaking in an amount to be fixed by the court making the appointment, that he or she will faithfully...
• 1341 - Accounts.
  A temporary receiver shall keep written accounts itemizing receipts and expenditures, and describing the property and naming the depository of receivership funds, which shall be...
• 1342 - Removal.
  Upon motion of any party or upon its own initiative, the court which appointed a receiver may remove him or her at any time.
• 1343 - Notice of Pendency; Constructive Notice.
  A notice of pendency may be filed in any action brought pursuant to this article in which the judgment demanded would affect the title to,...
• 1344 - Filing, Content and Indexing of Notice of Pendency.
  1. Filing. In a case specified in section one thousand three hundred forty-three of this article the notice of pendency shall be filed in the...
• 1345 - Service of Summons.
  A notice of pendency filed before an action is commenced is effective only if, within thirty days after filing, a summons is served upon the...
• 1346 - Duration of Notice of Pendency.
  A notice of pendency shall be effective for a period of three years from the date of filing. Before expiration of a period or extended...
• 1347 - Motion for Cancellation of Notice of Pendency.
  1. Mandatory cancellation. The court, upon motion of any person aggrieved and upon such notice as it may require, shall direct any county clerk to...
• 1348 - Undertaking for Cancellation of Notice of Pendency.
  The court, upon motion of any person aggrieved and upon such notice of pendency as it may require, may direct any county clerk to cancel...
• 1349 - Disposal of Property.
  1. Any judgment or order of forfeiture issued pursuant to this article shall include provisions for the disposal of the property found to have been...
• 1350 - Rules of Procedure; in General.
  The civil practice law and rules shall govern the procedure in proceedings and actions commenced under this article, except where the procedure is regulated by...
• 1351 - Application of Article.
  If any provision of this article or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to...
• 1352 - Preservation of Other Rights and Remedies.
  The remedies provided for in this article are not intended to substitute for or limit or supercede the lawful authority of any public officer or...

Last modified: February 3, 2019