New York Laws
Article 13-A - Proceeds of a Crime-Forfeiture
1327 - Proceedings to Determine Adverse Claims.

§ 1327. Proceedings to determine adverse claims. Prior to the
application of property or debt to the satisfaction of a judgment, any
person, other than a party to the action, who has an interest in the
property subject to forfeiture may commence a special proceeding against
the claiming authority to determine the rights of adverse claimants to
the property or debt, and in such proceeding shall serve a notice of
petition upon the claiming agent and upon each party in the same manner
as a notice of motion. The proceeding may be commenced in the county
where the property was levied upon, or in the county where the order of
attachment is filed. The court may vacate or discharge the attachment,
void the levy, direct the disposition of the property or debt, direct
that undertakings be provided or released, or direct that damages be
awarded. Where there appear to be disputed questions of fact, the court
shall order a separate trial, indicating the person who shall have
possession of the property pending a decision and the undertaking, if
any, which such person shall give. If the court determines that the
adverse claim was fraudulent or made without any reasonable basis
whatsoever, it may require the claimant to pay the claiming authority
the reasonable expenses incurred in the proceeding, including reasonable
attorney's fees, and any other damages suffered by reason of the claim.
The commencement of the proceeding shall not of itself subject the
adverse claimant to personal jurisdiction with respect to any matter
other than the claim asserted in the proceeding.

Structure New York Laws