N.Y. CPLR § 6211

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6211 Order of attachment without notice § 6211. Order of attachment without notice. (a) When granted;contents. An order of attachment may be granted without notice, beforeor after service of summons and at any time prior to judgment, or asprovided in section sixty-two hundred five of this article. It shallspecify the amount to be secured by the order of attachment includingany interest, costs and sheriff's fees and expenses, be indorsed withthe name and address of the plaintiff's attorney and shall be directedto the sheriff of any county or of the city of New York where anyproperty in which the defendant has an interest is located or where agarnishee may be served. The order shall direct the sheriff to levywithin his jurisdiction, at any time before final judgment, upon suchproperty in which the defendant has an interest and upon such debtsowing to the defendant as will satisfy the amount specified in the orderof attachment.(b) Confirmation of order. Except where an order of attachment isgranted on the ground specified in subdivision one of section 6201, anorder of attachment granted without notice shall provide that within aperiod not to exceed five days after levy, the plaintiff shall move, onsuch notice as the court shall direct to the defendant, the garnishee,if any, and the sheriff, for an order confirming the order ofattachment. Where an order of attachment without notice is granted onthe ground specified in subdivision one of section 6201, the court shalldirect that the statement required by section 6219 be served within fivedays, that a copy thereof be served upon the plaintiff, and theplaintiff shall move within ten days after levy for an order confirmingthe order of attachment. If the plaintiff upon such motion shall showthat the statement has not the plaintiff, and theplaintiff shall move within ten days after levy for an order confirmingthe order of attachment. If the plaintiff upon such motion shall showthat the statement has not been served and that the plaintiff will beunable to satisfy the requirement of subdivision (b) of section 6223until the statement has been served, the court may grant one extensionof the time to move for confirmation for a period not to exceed tendays. If plaintiff fails to make such motion within the required period,the order of attachment and any levy thereunder shall have no furthereffect and shall be vacated upon motion. Upon the motion to confirm, theprovisions of subdivision (b) of section 6223 shall apply. An order ofattachment granted without notice may provide that the sheriff refrainfrom taking any property levied upon into his actual custody, pendingfurther order of the court.