2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 62 - (6201 - 6226) ATTACHMENT
6211 - 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, or as
  provided in section sixty-two hundred five of  this  article.  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.