2020 New York Laws
CVP - Civil Practice Law and Rules
Article 13-A - Proceeds of a Crime-Forfeiture
1347 - Motion for Cancellation of Notice of Pendency.

§  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 cancel a
notice  of  pendency,  if  service  of  a summons has not been completed
within the time limited by section one thousand three hundred forty-five
of this article; or if the action  has  been  settled,  discontinued  or
abated;  or  if  the  time  to  appeal from a final judgment against the
claiming authority has expired.
  2. Discretionary cancellation. The court, upon a motion of any  person
aggrieved  and upon such notice as it may require, may direct any county
clerk to cancel a notice of pendency, if the claiming authority has  not
commenced or prosecuted the action in good faith.
  3.  Costs  and  expenses. The court, in an order canceling a notice of
pendency under this section, may direct the claiming  authority  to  pay
any  costs  and  expenses  occasioned by the filing and cancellation, in
addition to any costs of the action. In order to establish the  claiming
authority's  liability  for  such costs and expenses, the person seeking
such costs and expenses must prove by a preponderance  of  the  evidence
that,  in  causing  the  notice  to  pendency  to be filed, the claiming
authority acted without reasonable cause and not in good faith.
  4. Cancellation  by  stipulation.  At  any  time  prior  to  entry  of
judgment,  a  notice  of pendency shall be cancelled by the county clerk
without an order, on the filing with him or her of:
  (a) An affidavit by the claiming authority  showing  which  defendants
have  been  served  with  process,  which  defendants  are in default in
appearing or answering, and which defendants have appeared  or  answered
and by whom; and
  (b)  A  stipulation  consenting  to  the  cancellation,  signed by the
claiming authority and by the attorneys for all the defendants who  have
appeared  or  answered  including those who have waived all notices, and
executed and acknowledged, in the form required to entitle a deed to  be
recorded,  by  the defendants who have been served with process and have
not appeared but whose time to  do  so  has  not  expired,  and  by  any
defendants who have appeared in person.
  5.  Cancellation  by  a  claiming  authority. At any time prior to the
entry of a judgment a notice of pendency of action shall be cancelled by
the county clerk without an order on the filing with him or  her  of  an
affidavit  by  the  claiming  authority  showing that there have been no
appearances and that the time to appear has expired for all parties.