N.Y. Domestic Relations Law § 233

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 233 — Sequestration of defendant's property in action fo DRL § 233 Sequestration of defendant's property in action for divorce,separation or annulment where defendant cannot be personally ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 233. Sequestration of defendant's property in action for divorce,separation or annulment where defendant cannot be personally served.Where in an action for divorce, separation, annulment or declaration ofnullity of a void marriage it appears to the court that the defendant isnot within the state, or cannot be found therein, or is concealinghimself or herself therein, so that process cannot be personally servedupon the defendant, the court may at any time and from time to time makeany order or orders without notice directing the sequestration of his orher property, both real and personal and whether tangible or intangible,within the state, and may appoint a receiver thereof, or by injunctionor otherwise take the same into its possession and control. The propertythus sequestered and the income therefrom may be applied in whole or inpart and from time to time, under the direction of the court and asjustice may require, to the payment of such sum or sums as the court maydeem it proper to award, by order or judgment as the case may be, andduring the pendency of the action or at the termination thereof, for theeducation or maintenance of any of the children of a marriage, or forthe support of a spouse, or for his or her expenses in bringing andcarrying on said action and the proceedings incidental thereto orconnected therewith; and if the rents and profits of the real estate,together with the other property so sequestered, be insufficient to paythe sums of money required, the court, upon such terms and conditions asit may prescribe, may direct the mortgage or sale of sufficient of saidreal estate to pay such sums. The court may ient to paythe sums of money required, the court, upon such terms and conditions asit may prescribe, may direct the mortgage or sale of sufficient of saidreal estate to pay such sums. The court may appoint the plaintiff spousereceiver or sequestrator in such cases. The court may authorize suchspouse to use and occupy, free of any liability for rent or use andoccupation or otherwise, any house or other suitable property of thedefendant spouse as a dwelling for himself or herself with or withoutthe children of the marriage, and may likewise turn over to theplaintiff spouse for the use of such spouse with or without the childrenof the marriage any chattel or chattels of the defendant spouse. Therelief herein provided for is in addition to any and every other remedyto which a spouse may be entitled under the law. Source: NYSenate.gov Open Legislation | Laws of New York Page 1