2006 New York Code - Order Of Attachment Without Notice.



 
    §  6211.  Order  of  attachment  without  notice.  (a)  When  granted;
  contents.  An order of attachment may be granted without notice,  before
  or  after service of summons and at any time prior to judgment. It shall
  specify the amount to be secured by the order  of  attachment  including
  any  interest,  costs  and sheriff's fees and expenses, be indorsed with
  the name and address of the plaintiff's attorney and shall  be  directed
  to  the  sheriff  of  any  county  or  of the city of New York where any
  property in which the defendant has an interest is located  or  where  a
  garnishee  may  be  served.   The order shall direct the sheriff to levy
  within his jurisdiction, at any time before final  judgment,  upon  such
  property  in  which  the  defendant  has an interest and upon such debts
  owing to the defendant as will satisfy the amount specified in the order
  of attachment.
    (b) Confirmation of order. Except where  an  order  of  attachment  is
  granted  on  the ground specified in subdivision one of section 6201, an
  order of attachment granted without notice shall provide that  within  a
  period  not to exceed five days after levy, the plaintiff shall move, on
  such notice as the court shall direct to the defendant,  the  garnishee,
  if  any,  and  the  sheriff,  for  an  order  confirming  the  order  of
  attachment. Where an order of attachment without notice  is  granted  on
  the ground specified in subdivision one of section 6201, the court shall
  direct that the statement required by section 6219 be served within five
  days,  that  a  copy  thereof  be  served  upon  the  plaintiff, and the
  plaintiff shall move within ten days after levy for an order  confirming
  the  order  of  attachment. If the plaintiff upon such motion shall show
  that the statement has not been served and that the  plaintiff  will  be
  unable  to  satisfy  the  requirement of subdivision (b) of section 6223
  until the statement has been served, the court may grant  one  extension
  of  the  time  to  move  for confirmation for a period not to exceed ten
  days. If plaintiff fails to make such motion within the required period,
  the order of attachment and any levy thereunder shall  have  no  further
  effect and shall be vacated upon motion. Upon the motion to confirm, the
  provisions  of  subdivision (b) of section 6223 shall apply. An order of
  attachment granted without notice may provide that the  sheriff  refrain
  from  taking  any  property levied upon into his actual custody, pending
  further order of the court.

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