New York Laws
Article 13-A - Proceeds of a Crime-Forfeiture
1317 - Order of Attachment Without Notice.

§ 1317. Order of attachment without notice. 1. 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 any claiming agent's fees and expenses, be endorsed
with the name and address of the claiming authority and shall be
directed to a claiming agent in any county or in 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 claiming
agent to levy within his or her 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.

2. Confirmation of order. An order of attachment granted without
notice shall provide that within a period not to exceed five days after
levy, the claiming authority shall move, on such notice as the court
shall direct to the defendant, the garnishee, if any, and the claiming
agent, for an order confirming the order of attachment. If the claiming
authority fails to make such motion within the required period, the
order of attachment and levy thereunder shall have no further effect and
shall be vacated upon motion. Upon the motion to confirm, the provisions
of subdivision two of section one thousand three hundred twenty-nine of
this article shall apply. An order of attachment granted without notice
may provide that the claiming agent refrain from taking any property
levied upon into his actual custody, pending further order of the court.

Structure New York Laws