2014 New York Laws
CVP - Civil Practice Law & Rules
Article 13-A - (1310 - 1352) PROCEEDS OF A CRIME-FORFEITURE
1312 - Provisional remedies; generally.

  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 for
  a money judgment under this article.
2.  On a motion for a provisional remedy, the claiming authority shall
  state whether any other provisional remedy has previously been sought in
  the same action against the same defendant. The court  may  require  the
  claiming  authority  to  elect  between those remedies to which it would
  otherwise be entitled.
3. A court may grant an application for a provisional remedy  when  it
  determines  that:  (a)  there  is  a  substantial  probability  that the
  claiming authority will prevail on the  issue  of  forfeiture  and  that
  failure  to  enter the order may result in the property being destroyed,
  removed from the jurisdiction of the court, or otherwise be  unavailable
  for  forfeiture;  (b)  the  need  to  preserve  the  availability of the
  property through the entry of the requested order outweighs the hardship
  on any party against whom the order may operate; and (c)  in  an  action
  relating  to  real  property, that entry of the requested order will not
  substantially  diminish,  impair,  or  terminate  the  lawful   property
  interest  in  such real property of any person or persons other than the
  defendant or defendants.
4. Upon motion of any party against whom a provisional remedy  granted
  pursuant  to  this  article  is  in effect, the court may issue an order
  modifying or vacating such provisional remedy if necessary to permit the
  moving party to obtain  funds  for  the  payment  of  reasonable  living
  expenses, other costs or expenses related to the maintenance, operation,
  or preservation of property which is the subject of any such provisional
  remedy  or reasonable and bona fide attorneys' fees and expenses for the
  representation of the defendant in the forfeiture  proceeding  or  in  a
  related  criminal  matter  relating  thereto,  payment  for which is not
  otherwise available from assets of the defendant which are  not  subject
  to  such  provisional  remedy.  Any such motion shall be supported by an
  affidavit establishing the unavailability of other assets of the  moving
  party  which  are not the subject of such provisional remedy for payment
  of such expenses or fees.