2016 New York Laws
CVP - Civil Practice Law & Rules
Article 13-A - (Civil Practice Law & Rules) PROCEEDS OF A CRIME-FORFEITURE
1329 - Vacating or modifying attachment.

  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  any  person  having  an
  interest  in  the property or debt may move, on notice to each party and
  the claiming agent, for an order vacating  or  modifying  the  order  of
  attachment. Upon the motion, the court may give the claiming authority a
  reasonable  opportunity  to  correct any defect. If, after the defendant
  has appeared in the action, the court determines that the attachment  is
  unnecessary  to  the security of the claiming authority, it shall vacate
  the order of attachment. Such a motion shall not of itself constitute an
  appearance in the action.
2. Burden of proof. Upon a motion to vacate  or  modify  an  order  of
  attachment  the claiming authority shall have the burden of establishing
  the grounds for the attachment, the need for continuing the levy and the
  probability that he or she will succeed on the merits.