reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6205 - Order of Attachment in Certain Cases.

§  6205.  Order of attachment in certain cases. An order of attachment
  may be granted in aid of execution to a party that has  been  awarded  a
  money  judgment  against a foreign state, as defined in 28 United States
  Code Section 1603, in accordance with and subject to the limitations  of
  28 United States Code Section 1610 and other applicable law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6210 - Order of Attachment on Notice; Temporary Restraining Order; Contents.

§  6210.  Order  of attachment on notice; temporary restraining order;
  contents. Upon a motion on notice for an order of attachment, the  court
  may,  without  notice  to  the  defendant, grant a temporary restraining
  order prohibiting the transfer of assets by a garnishee as  provided  in
  subdivision (b) of section 6214. The contents of the order of attachment
  granted pursuant to this section shall be as provided in subdivision (a)
  of section 6211.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 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,  before
or  after  service  of  summons and at any time prior to judgment, or as
provided in section sixty-two hundred five of  this  article.  It  shall
specify  the  amount  to be secured by the order of attachment including
any interest, costs and sheriff's fees and expenses,  be  indorsed  with
the  name  and address of the plaintiff's attorney and shall be directed
to the sheriff of any county or of  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  sheriff  to  levy
within  his  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.
(b)  Confirmation  of  order.  Except  where an order of attachment is
granted on the ground specified in subdivision one of section  6201,  an
order  of  attachment granted without notice shall provide that within a
period not to exceed five days after levy, the plaintiff shall move,  on
such  notice  as the court shall direct to the defendant, the garnishee,
if  any,  and  the  sheriff,  for  an  order  confirming  the  order  of
attachment.  Where  an  order of attachment without notice is granted on
the ground specified in subdivision one of section 6201, the court shall
direct that the statement required by section 6219 be served within five
days, that a  copy  thereof  be  served  upon  the  plaintiff,  and  the
plaintiff  shall move within ten days after levy for an order confirming
the order of attachment. If the plaintiff upon such  motion  shall  show
that  the  statement  has not been served and that the plaintiff will be
unable to satisfy the requirement of subdivision  (b)  of  section  6223
until  the  statement has been served, the court may grant one extension
of the time to move for confirmation for a  period  not  to  exceed  ten
days. If plaintiff fails to make such motion within the required period,
the  order  of  attachment and any levy thereunder shall have no further
effect and shall be vacated upon motion. Upon the motion to confirm, the
provisions of subdivision (b) of section 6223 shall apply. An  order  of
attachment  granted  without notice may provide that the sheriff refrain
from taking any property levied upon into his  actual  custody,  pending
further order of the court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › R6212 - Motion Papers; Undertaking; Filing; Demand; Damages.

Rule  6212.  Motion papers; undertaking; filing; demand; damages.  (a)
Affidavit; other papers. On a motion for an order of attachment, or  for
an order to confirm an order of attachment, the plaintiff shall show, by
affidavit  and  such  other  written  evidence as may be submitted, that
there is a cause of action, that it is probable that the plaintiff  will
succeed  on the merits, that one or more grounds for attachment provided
in section 6201 exist, and that the amount demanded from  the  defendant
exceeds all counterclaims known to the plaintiff.
(b) Undertaking. On a motion for an order of attachment, the plaintiff
shall give an undertaking, in a total amount fixed by the court, but not
less  than  five  hundred  dollars, a specified part thereof conditioned
that the plaintiff shall pay to the defendant  all  costs  and  damages,
including  reasonable  attorney's fees, which may be sustained by reason
of the attachment if the defendant recovers judgment or if it is finally
decided that the plaintiff was not entitled  to  an  attachment  of  the
defendant's  property,  and  the  balance conditioned that the plaintiff
shall pay to the sheriff all of his allowable fees. The attorney for the
plaintiff shall not be liable to the sheriff for such fees.  The  surety
on  the  undertaking  shall  not be discharged except upon notice to the
sheriff.
(c) Filing. Within  ten  days  after  the  granting  of  an  order  of
attachment,  the  plaintiff  shall  file  it and the affidavit and other
papers upon which it was based and the  summons  and  complaint  in  the
action.    Unless the time for filing has been extended, the order shall
be invalid if not so filed, except that a person upon whom it is  served
shall  not  be  liable  for  acting  upon it as if it were valid without
knowledge of the invalidity.
(d) Demand for papers. At any time  after  property  has  been  levied
upon,  the  defendant may serve upon the plaintiff a written demand that
the papers upon which the order of attachment was granted and  the  levy
made  be  served  upon  him.  Not more than one day after service of the
demand, the plaintiff shall cause the papers demanded to  be  served  at
the  address  specified  in  the demand. A demand under this subdivision
shall not of itself constitute an appearance in the action.
(e) Damages. The plaintiff shall be liable to the  defendant  for  all
costs  and  damages,  including reasonable attorney's fees, which may be
sustained  by  reason  of  the  attachment  if  the  defendant  recovers
judgment,  or  if  it  is  finally  decided  that  the plaintiff was not
entitled to an  attachment  of  the  defendant's  property.  Plaintiff's
liability shall not be limited by the amount of the undertaking.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6213 - Service of Summons.

§  6213.  Service  of  summons.  An order of attachment granted before
  service is made on the defendant against whom the attachment is  granted
  is  valid  only  if,  within  sixty  days  after the order is granted, a
  summons is served upon the defendant or first publication of the summons
  against the defendant is made pursuant to an order  and  publication  is
  subsequently  completed,  except  that  a  person upon whom the order of
  attachment is served shall not be liable for acting upon  it  as  if  it
  were  valid  without  knowledge of the invalidity. If the defendant dies
  within sixty days after the order is granted and before the  summons  is
  served  upon him or publication is completed, the order is valid only if
  the summons is served upon his executor or  administrator  within  sixty
  days  after  letters are issued. Upon such terms as may be just and upon
  good cause shown the court may extend  the  time,  not  exceeding  sixty
  days,  within  which the summons must be served or publication commenced
  pursuant to this section, provided that the application for extension is
  made before the expiration of the time fixed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6215 - Levy Upon Personal Property by Seizure.

§ 6215. Levy upon personal property by seizure. If the plaintiff shall
  so direct and shall furnish the sheriff indemnity satisfactory to him or
  fixed  by  the  court,  the  sheriff,  as  an  alternative to the method
  prescribed by section 6214, shall levy upon property capable of delivery
  by taking the property  into  his  actual  custody.  The  sheriff  shall
  forthwith  serve  a  copy  of  the  order  of  attachment  in the manner
  prescribed by subdivision (a) of section 6214 upon the person from whose
  possession or custody the property was taken.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6216 - Levy Upon Real Property.

§  6216.  Levy  upon  real  property.  The sheriff shall levy upon any
  interest of the defendant in real property by filing with the  clerk  of
  the  county  in  which  the  property  is located a notice of attachment
  indorsed with the name and  address  of  the  plaintiff's  attorney  and
  stating  the names of the parties to the action, the amount specified in
  the order of attachment and a description of the property  levied  upon.
  The  clerk  shall  record and index the notice in the same books, in the
  same manner and with the same effect, as a notice of the pendency of  an
  action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6217 - Additional Undertaking to Carrier Garnishee.

§  6217.  Additional undertaking to carrier garnishee. A garnishee who
  is a common carrier may transport or deliver property actually loaded on
  a conveyance, notwithstanding the  service  upon  him  of  an  order  of
  attachment,  if it was loaded without reason to believe that an order of
  attachment affecting the property had been granted, unless the plaintiff
  gives an undertaking in an amount fixed by the court, that the plaintiff
  shall pay any such  carrier  all  expenses  and  damages  which  may  be
  incurred  for unloading the property and for detention of the conveyance
  necessary for that purpose.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6218 - Sheriff's Duties After Levy.

§  6218.  Sheriff's duties after levy. (a) Retention of property.  The
sheriff  shall  hold  and  safely  keep  all  property  or  debts  paid,
delivered,  transferred  or assigned to him or taken into his custody to
answer any judgment that may be obtained against the  defendant  in  the
action, unless otherwise directed by the court or the plaintiff, subject
to  the  payment of the sheriff's fees and expenses.  Any money shall be
held for the benefit of the parties to the action in an interest-bearing
trust account at a national or state bank or  trust  company.    If  the
urgency  of  the  case  requires,  the  court  may  direct sale or other
disposition of property, specifying the manner and terms  thereof,  with
notice to the parties to the action and the garnishee who had possession
of such property.
(b)  Inventory.  Within  fifteen  days  after  service  of an order of
attachment or forthwith after such order has been vacated  or  annulled,
the sheriff shall file an inventory of property seized, a description of
real property levied upon, the names and addresses of all persons served
with  the  order  of  attachment,  and  an  estimate of the value of all
property levied upon.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6219 - Garnishee's Statement.

§  6219.  Garnishee's  statement. Within ten days after service upon a
  garnishee of an order of attachment, or within such shorter time as  the
  court may direct, the garnishee shall serve upon the sheriff a statement
  specifying  all  debts of the garnishee to the defendant, when the debts
  are due, all property in the possession or custody of the  garnishee  in
  which  the  defendant  has an interest, and the amounts and value of the
  debts and property specified.  If the garnishee has money belonging  to,
  or  is  indebted  to,  the  defendant  in  at  least  the  amount of the
  attachment, he may limit his statement to that fact.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6220 - Disclosure.

§  6220. Disclosure. Upon motion of any interested person, at any time
  after the granting of an order of attachment and prior to final judgment
  in the action, upon such notice as the court may direct, the  court  may
  order  disclosure by any person of information regarding any property in
  which the  defendant  has  an  interest,  or  any  debts  owing  to  the
  defendant.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6221 - Proceedings to Determine Adverse Claims.

§  6221.  Proceedings  to  determine  adverse  claims.  Prior  to  the
  application of property or debt to the satisfaction of a  judgment,  any
  interested   person  may  commence  a  special  proceeding  against  the
  plaintiff to determine the rights of adverse claimants to  the  property
  or  debt.  Service  of  process  in  such  a proceeding shall be made by
  serving a notice of petition upon the sheriff 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, it may require the  claimant  to  pay  the
  plaintiff  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.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6222 - Discharge of Attachment.

§  6222.  Discharge  of attachment. A defendant whose property or debt
  has been levied upon may move, upon notice  to  the  plaintiff  and  the
  sheriff,  for an order discharging the attachment as to all or a part of
  the property or debt upon payment of the sheriff's fees and expenses. On
  such a motion, the defendant shall give an  undertaking,  in  an  amount
  equal to the value of the property or debt sought to be discharged, that
  the defendant will pay to the plaintiff the amount of any judgment which
  may  be recovered in the action against him, not exceeding the amount of
  the undertaking.  Making a motion or giving an  undertaking  under  this
  section shall not of itself constitute an appearance in the action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6223 - Vacating or Modifying Attachment.

§  6223.  Vacating  or  modifying  attachment. (a) Motion to vacate or
modify.    Prior  to  the  application  of  property  or  debt  to   the
satisfaction  of  a judgment, the defendant, the garnishee or any person
having an interest in the property or debt may move, on notice  to  each
party  and  the sheriff, for an order vacating or modifying the order of
attachment.   Upon the motion,  the  court  may  give  the  plaintiff  a
reasonable  opportunity  to  correct any defect. If, after the defendant
has appeared in the action, the court determines that the attachment  is
unnecessary  to the security of the plaintiff, it shall vacate the order
of attachment.   Such  a  motion  shall  not  of  itself  constitute  an
appearance in the action.
(b)  Burden  of  proof.  Upon a motion to vacate or modify an order of
attachment the plaintiff shall  have  the  burden  of  establishing  the
grounds  for  the  attachment,  the need for continuing the levy and the
probability that he will succeed on the merits.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6224 - Annulment of Attachment.

§  6224.  Annulment  of attachment. An order of attachment is annulled
  when the action in which it was granted abates or is discontinued, or  a
  judgment entered therein in favor of the plaintiff is fully satified, or
  a  judgment  is  entered  therein in favor of the defendant. In the last
  specified case  a  stay  of  proceedings  suspends  the  effect  of  the
  annulment,  and a reversal or vacating of the judgment revives the order
  of attachment.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6225 - Return of Property; Directions to Clerk and Sheriff.

§  6225.  Return  of  property; directions to clerk and sheriff.  Upon
  motion of any interested person, on  notice  to  the  sheriff  and  each
  party,  the  court may direct the clerk of any county to cancel a notice
  of attachment and may direct the sheriff to  dispose  of,  account  for,
  assign, return or release any property or debt, or the proceeds thereof,
  or  any  undertaking,  or  to  file  additional  inventories or returns,
  subject to the payment of the sheriff's fees and expenses.    The  court
  shall  direct  that  notice  of the motion be given to the plaintiffs in
  other orders of attachment, if any, and to  the  judgment  creditors  of
  executions,  if  any,  affecting  any  property or debt, or the proceeds
  thereof, sought to be returned or released.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6226 - Disposition of Attached Property After Execution Issued; Priority of Orders of Attachment.

§  6226.  Disposition  of  attached  property  after execution issued;
  priority of orders of attachment. Where an execution is  issued  upon  a
  judgment  entered against the defendant, the sheriff's duty with respect
  to custody and disposition of property or debt levied upon  pursuant  to
  an  order of attachment is the same as if he had levied upon it pursuant
  to the execution. The priority among two or more  orders  of  attachment
  against  the  same  defendant  shall  be in the order in which they were
  delivered to the officer who levied  upon  the  property  or  debt.  The
  priority  between an order of attachment and an execution, or a payment,
  delivery or receivership order, is set forth in section 5234.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63 - Injunction › 6301 - Grounds for Preliminary Injunction and Temporary Restraining Order.

§  6301.  Grounds for preliminary injunction and temporary restraining
  order.  A preliminary injunction may be granted in any action  where  it
  appears  that  the defendant threatens or is about to do, or is doing or
  procuring  or  suffering  to  be  done,  an  act  in  violation  of  the
  plaintiff's  rights respecting the subject of the action, and tending to
  render the judgment ineffectual, or in any action  where  the  plaintiff
  has  demanded  and  would  be  entitled  to  a  judgment restraining the
  defendant from the commission  or  continuance  of  an  act,  which,  if
  committed  or continued during the pendency of the action, would produce
  injury to the plaintiff. A temporary restraining order  may  be  granted
  pending  a  hearing  for  a preliminary injunction where it appears that
  immediate and irreparable injury, loss or damage will result unless  the
  defendant is restrained before the hearing can be had.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63 - Injunction › 6311 - Preliminary Injunction.

§  6311.  Preliminary injunction.   1. A preliminary injunction may be
  granted only upon notice to the defendant. Notice of the motion  may  be
  served with the summons or at any time thereafter and prior to judgment.
  A  preliminary  injunction  to  restrain  a  public  officer,  board  or
  municipal corporation of the state from performing a statutory duty  may
  be  granted  only  by  the  supreme court at a term in the department in
  which the officer or board is located or in which the duty  is  required
  to be performed.
2.  Notice  of  motion  for a preliminary injunction to restrain state
  officers or boards of  state  officers  under  the  provisions  of  this
  section  must  be  upon  notice served upon the defendant or respondent,
  state officers or board of state officers and must be  served  upon  the
  attorney  general  by  delivery  of such notice to an assistant attorney
  general at an office of the attorney general  in  the  county  in  which
  venue  of  the  action  is  designated  or  if there is no office of the
  attorney general in such county, at the office of the  attorney  general
  nearest such county.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63 - Injunction › R6312 - Motion Papers; Undertaking; Issues of Fact.

Rule  6312. Motion papers; undertaking; issues of fact. (a) Affidavit;
other evidence. On a motion for a preliminary injunction  the  plaintiff
shall  show,  by  affidavit and such other evidence as may be submitted,
that there is a cause of action, and either that the defendant threatens
or is about to do, or is doing or procuring or suffering to be done,  an
act in violation of the plaintiff's rights respecting the subject of the
action  and  tending  to  render  the  judgment ineffectual; or that the
plaintiff has demanded and would be entitled to a  judgment  restraining
the  defendant  from  the commission or continuance of an act, which, if
committed or continued during the pendency of the action, would  produce
injury to the plaintiff.
(b)  Undertaking.  Except  as  provided in section 2512 and in actions
brought under section two hundred sixty-five-a of the real property law,
prior to the granting of a preliminary injunction, the  plaintiff  shall
give  an  undertaking  in  an  amount to be fixed by the court, that the
plaintiff, if it is finally determined that he or she was  not  entitled
to  an injunction, will pay to the defendant all damages and costs which
may be sustained by reason of the injunction, including:
1. if the injunction is to stay proceedings in another action, on  any
ground  other  than  that  a report, verdict or decision was obtained by
actual fraud, all damages and costs which may be, or  which  have  been,
awarded  in the other action to the defendant as well as all damages and
costs which may be awarded him  or  her  in  the  action  in  which  the
injunction was granted; or,
2.  if  the  injunction is to stay proceedings in an action to recover
real property, or for dower, on any ground other than  that  a  verdict,
report  or  decision was obtained by actual fraud, all damages and costs
which may be, or which have been, awarded to the defendant in the action
in which the injunction was granted, including the reasonable rents  and
profits  of,  and  any wastes committed upon, the real property which is
sought to be recovered or which is the subject of the action for  dower,
after the granting of the injunction; or,
3.  if the injunction is to stay proceedings upon a judgment for a sum
of money on any ground other than that  the  judgment  was  obtained  by
actual fraud, the full amount of the judgment as well as all damages and
costs  which  may be awarded to the defendant in the action in which the
injunction was granted.
(c) Issues of fact.  Provided  that  the  elements  required  for  the
issuance of a preliminary injunction are demonstrated in the plaintiff's
papers,  the  presentation  by  the  defendant of evidence sufficient to
raise an issue of fact as to any of such elements shall not in itself be
grounds for denial of the motion. In such event the court shall  make  a
determination  by  hearing  or  otherwise  whether  each of the elements
required for issuance of a preliminary injunction exists.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63 - Injunction › 6313 - Temporary Restraining Order.

§  6313. Temporary restraining order.  (a) Generally.  If, on a motion
for a preliminary injunction, the plaintiff shall  show  that  immediate
and irreparable injury, loss or damages will result unless the defendant
is restrained before a hearing can be had, a temporary restraining order
may  be  granted  without  notice. Upon granting a temporary restraining
order, the court shall set the hearing for the preliminary injunction at
the earliest possible  time.  No  temporary  restraining  order  may  be
granted  in  an  action  arising  out  of  a labor dispute as defined in
section eight hundred seven of the  labor  law,  nor  against  a  public
officer,  board  or  municipal  corporation of the state to restrain the
performance of statutory duties.
(b)  Service.    Unless  the  court  orders  otherwise,  a   temporary
restraining  order together with the papers upon which it was based, and
a notice of hearing for the preliminary injunction, shall be  personally
served in the same manner as a summons.
(c)  Undertaking.    Prior  to the granting of a temporary restraining
order the court may, in its discretion, require the plaintiff to give an
undertaking in an amount to be fixed  by  the  court,  containing  terms
similar  to those set forth in subdivision (b) of rule 6312, and subject
to the exception set forth therein.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63 - Injunction › 6314 - Vacating or Modifying Preliminary Injunction or Temporary Restraining Order.

§  6314.  Vacating  or  modifying  preliminary injunction or temporary
  restraining order.  A defendant enjoined by a preliminary injunction may
  move at any time, on notice to the plaintiff, to vacate or modify it. On
  motion, without notice, made by a  defendant  enjoined  by  a  temporary
  restraining  order,  the  judge  who  granted  it,  or in his absence or
  disability, another judge, may vacate or  modify  the  order.  An  order
  granted without notice and vacating or modifying a temporary restraining
  order shall be effective when, together with the papers upon which it is
  based,  it  is  filed with the clerk and served upon the plaintiff. As a
  condition to granting an  order  vacating  or  modifying  a  preliminary
  injunction  or  a  temporary  restraining order, a court may require the
  defendant, except where the defendant is a public body  or  officer,  to
  give  an  undertaking,  in  an amount to be fixed by the court, that the
  defendant shall pay to the plaintiff any loss sustained by reason of the
  vacating or modifying order.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63 - Injunction › 6315 - Ascertaining Damages Sustained by Reason of Preliminary Injunction or Temporary Restraining Order.

§  6315.  Ascertaining  damages  sustained  by  reason  of preliminary
  injunction or temporary restraining order.   The  damages  sustained  by
  reason of a preliminary injunction or temporary restraining order may be
  ascertained  upon motion on such notice to all interested persons as the
  court shall direct. Where the defendant enjoined was  an  officer  of  a
  corporation  or  joint-stock  association or a representative of another
  person, and the amount of the undertaking exceeds the damages  sustained
  by  the  defendant  by reason of the preliminary injunction or temporary
  restraining  order,  the  damages   sustained   by   such   corporation,
  association  or  person  represented,  to the amount of such excess, may
  also be ascertained. The amount of damages so ascertained is  conclusive
  upon  all  persons  who  were  served with notice of the motion and such
  amount may be recovered by the person entitled  thereto  in  a  separate
  action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63-A - Extreme Risk Protection Orders › 6340 - Definitions.

§ 6340. Definitions. For the purposes of this article:
1.  "Extreme  risk  protection  order"  means  a court-issued order of
  protection  prohibiting  a  person  from   purchasing,   possessing   or
  attempting to purchase or possess a firearm, rifle or shotgun.
2.  "Petitioner"  means:  (a)  a police officer, as defined in section
  1.20  of  the  criminal  procedure  law,  or  district   attorney   with
  jurisdiction  in  the  county  or city where the person against whom the
  order is sought resides; (b) a family or household member, as defined in
  subdivision two of section  four  hundred  fifty-nine-a  of  the  social
  services  law,  of  the  person  against whom the order is sought; (c) a
  school administrator as defined in section eleven hundred twenty-five of
  the education law, or a school administrator's designee, of  any  school
  in  which  the  person  against  whom  the  order is sought is currently
  enrolled or has been enrolled in the six  months  immediately  preceding
  the  filing  of  the  petition;  or  (d)  a licensed physician, licensed
  psychiatrist, licensed psychologist, registered nurse, licensed clinical
  social worker, certified  clinical  nurse  specialist,  certified  nurse
  practitioner,   licensed   clinical   marriage   and  family  therapist,
  registered professional nurse, licensed master social worker or licensed
  mental health counselor who has treated  the  person  against  whom  the
  order  is  sought  in the six months immediately preceding the filing of
  the petition. For purposes of this  article,  a  school  administrator's
  designee   shall   be   employed  at  the  same  school  as  the  school
  administrator and shall be any of the following who has been  designated
  in  writing  to  file a petition with respect to the person against whom
  the order is sought: a school teacher, school guidance counselor, school
  psychologist, school  social  worker,  school  nurse,  or  other  school
  personnel  required  to  hold  a  teaching  or administrative license or
  certificate, and full or part-time compensated school employee  required
  to   hold   a   temporary  coaching  license  or  professional  coaching
  certificate.
3.  "Respondent"  means  the  person  against  whom  an  extreme  risk
  protection order is or may be sought under this article.
4.  "Possess"  shall  have  the same meaning as defined in subdivision
  eight of section 10.00 of the penal law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63-A - Extreme Risk Protection Orders › 6341 - Application for an Extreme Risk Protection Order.

§   6341.  Application  for  an  extreme  risk  protection  order.  In
  accordance with this article, a  petitioner  may  file  an  application,
  which shall be sworn, and accompanying supporting documentation, setting
  forth  the facts and circumstances justifying the issuance of an extreme
  risk protection order. Provided, however, that a  petitioner  who  is  a
  police officer or district attorney shall file such application upon the
  receipt  of  credible information that an individual is likely to engage
  in conduct that would result in serious  harm  to  himself,  herself  or
  others, as defined in paragraph one or two of subdivision (a) of section
  9.39  of  the mental hygiene law, unless such petitioner determines that
  there is no  probable  cause  for  such  filing.  Such  application  and
  supporting  documentation  shall  be  filed  in the supreme court in the
  county in which the respondent resides. The chief administrator  of  the
  courts  shall  adopt  forms  that  may  be  used  for  purposes  of such
  applications and the court's consideration of  such  applications.  Such
  application  form  shall  include  inquiry  as to whether the petitioner
  knows, or has reason to believe, that the respondent owns, possesses  or
  has  access to a firearm, rifle or shotgun and if so, a request that the
  petitioner list or describe such firearms, rifles and shotguns, and  the
  respective locations thereof, with as much specificity as possible.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63-A - Extreme Risk Protection Orders › 6344 - Surrender and Removal of Firearms, Rifles and Shotguns Pursuant to an Extreme Risk Protection Order.

§  6344.  Surrender  and  removal  of  firearms,  rifles  and shotguns
  pursuant to an extreme risk protection order. 1. When a law  enforcement
  officer  takes  any  firearm,  rifle  or shotgun pursuant to a temporary
  extreme risk protection order or a final extreme risk protection  order,
  the  officer  shall  give to the person from whom such firearm, rifle or
  shotgun is taken a receipt or voucher for the property taken, describing
  the property in detail. In the absence of a person,  the  officer  shall
  leave  the receipt or voucher in the place where the property was found,
  mail a copy of the receipt or voucher, retaining proof  of  mailing,  to
  the last known address of the respondent and, if different, the owner of
  the  firearm,  rifle  or  shotgun,  and  file  a copy of such receipt or
  voucher with the  court.  All  firearms,  rifles  and  shotguns  in  the
  possession  of a law enforcement official pursuant to this article shall
  be subject to the  provisions  of  applicable  law,  including  but  not
  limited to subdivision six of section 400.05 of the penal law; provided,
  however,  that  any such firearm, rifle or shotgun shall be retained and
  not disposed of by the law enforcement agency for  at  least  two  years
  unless  legally transferred by the respondent to an individual permitted
  by law to own and possess such firearm, rifle or shotgun.
2. If the location to be searched during the execution of a  temporary
  extreme  risk  protection  order  or  extreme  risk  protection order is
  jointly occupied by two or more parties, and a firearm, rifle or shotgun
  located during the execution of such order is owned by  a  person  other
  than  the respondent, the court shall, upon a written finding that there
  is no legal  impediment  to  the  person  other  than  the  respondent's
  possession  of  such firearm, rifle or shotgun, order the return of such
  firearm, rifle or shotgun to such lawful owner and inform such person of
  their obligation to safely store their firearm,  rifle,  or  shotgun  in
  accordance with section 265.45 of the penal law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63-A - Extreme Risk Protection Orders › 6345 - Request for Renewal of an Extreme Risk Protection Order.

§ 6345. Request for renewal of an extreme risk protection order. 1. If
  a  petitioner  believes  a  person subject to an extreme risk protection
  order continues to be likely to engage in conduct that would  result  in
  serious harm to himself, herself, or others, as defined in paragraph one
  or  two  of  subdivision  (a) of section 9.39 of the mental hygiene law,
  such petitioner may,  at  any  time  within  sixty  days  prior  to  the
  expiration  of  such  existing extreme risk protection order, initiate a
  request for a renewal  of  such  order,  setting  forth  the  facts  and
  circumstances  necessitating the request. The chief administrator of the
  courts shall  adopt  forms  that  may  be  used  for  purposes  of  such
  applications  and  the  court's  consideration of such applications. The
  court may issue a temporary extreme risk protection order in  accordance
  with  section  sixty-three hundred forty-two of this article, during the
  period that a request for renewal of an extreme risk protection order is
  under consideration pursuant to this section.
2. A hearing held pursuant to this section shall be conducted  in  the
  supreme   court,   in   accordance   with  section  sixty-three  hundred
  forty-three of this article, to determine if a request  for  renewal  of
  the  order shall be granted. The respondent shall be served with written
  notice of an application  for  renewal  a  reasonable  time  before  the
  hearing,  and  shall  be afforded an opportunity to fully participate in
  the hearing. The court shall direct service of such application and  the
  accompanying papers in the manner and in accordance with the protections
  for  the  petitioner set forth in subdivision six of section sixty-three
  hundred forty-two of this article.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63-A - Extreme Risk Protection Orders › 6346 - Expiration of an Extreme Risk Protection Order.

§  6346.  Expiration  of  an  extreme  risk  protection  order.  1.  A
protection order issued pursuant to this article, and all records of any
proceedings conducted pursuant to this article,  shall  be  sealed  upon
expiration  of  such  order  and  the  clerk  of  the court wherein such
proceedings were conducted shall immediately notify the commissioner  of
the  division of criminal justice services, the heads of all appropriate
police  departments,  applicable  licensing  officers,  and  all   other
appropriate law enforcement agencies that the order has expired and that
the  record  of  such  protection  order shall be sealed and not be made
available to any person or public or private entity,  except  that  such
records shall be made available to:
(a) the respondent or the respondent's designated agent;
(b) courts in the unified court system;
(c)   police   forces   and   departments  having  responsibility  for
enforcement of the general criminal laws of the state;
(d) any state or local officer or agency with responsibility  for  the
issuance  of  licenses  to possess a firearm, rifle or shotgun, when the
respondent has made application for such a license; and
(e) any prospective employer of a police officer or peace  officer  as
those  terms are defined in subdivisions thirty-three and thirty-four of
section  1.20  of  the  criminal  procedure  law,  in  relation  to   an
application  for  employment  as  a  police  officer  or  peace officer;
provided, however, that  every  person  who  is  an  applicant  for  the
position  of  police  officer or peace officer shall be furnished with a
copy of all records obtained under this  subparagraph  and  afforded  an
opportunity to make an explanation thereto.
2.  Upon  expiration  of  a  protection  order issued pursuant to this
article and upon written  application  of  the  respondent  who  is  the
subject  of  such  order, with notice and opportunity to be heard to the
petitioner and every licensing officer responsible  for  issuance  of  a
firearm  license  to  the  subject of the order pursuant to article four
hundred of the penal law, and upon a written finding that  there  is  no
legal  impediment  to  the  respondent's  possession  of  a  surrendered
firearm, rifle or shotgun,  the  court  shall  order  the  return  of  a
firearm,  rifle  or shotgun not otherwise disposed of in accordance with
subdivision one  of  section  sixty-three  hundred  forty-four  of  this
article.  When issuing such order in connection with any firearm subject
to a license requirement under article four hundred of the penal law, if
the licensing officer informs the court that he  or  she  will  seek  to
revoke  the  license,  the  order shall be stayed by the court until the
conclusion of any license revocation proceeding.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63-A - Extreme Risk Protection Orders › 6347 - Effect of Findings and Determinations in Subsequent Proceedings.

§   6347.   Effect   of  findings  and  determinations  in  subsequent
  proceedings. Notwithstanding any contrary claim based on common law or a
  provision of any other law, no finding or determination made pursuant to
  this article shall be  interpreted  as  binding,  or  having  collateral
  estoppel  or  similar effect, in any other action or proceeding, or with
  respect to any other determination or finding, in any  court,  forum  or
  administrative proceeding.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 63-A - Extreme Risk Protection Orders › 6348 - Protections for Health Care Providers Applying for an Extreme Risk Protection Order.

§  6348. Protections for health care providers applying for an extreme
risk protection order. 1. (a) Notwithstanding the privileges  set  forth
in  article forty-five of this chapter, or any other provision of law to
the contrary, a health care provider authorized under paragraph  (d)  of
subdivision  two of section sixty-three hundred forty of this article to
file an application for an  extreme  risk  protection  order  against  a
person  such  health  care  provider has examined shall, upon filing any
application for an extreme  risk  protection  order,  be  authorized  to
disclose  protected  health information, of the person against whom such
order is  sought  as  are  necessary  for  the  full  investigation  and
disposition  of  such  application  for an extreme risk protection order
under this article. When disclosing protected health  information,  such
health  care  provider  shall make reasonable efforts to limit protected
health information to the minimum necessary to accomplish the filing  of
the application.
(b)  Upon receipt of a petition by any health care provider identified
in paragraph (a) of this subdivision and for good cause shown, the court
may issue orders as may be necessary to obtain any records or  documents
relating  to diagnosis, prognosis or treatment, and clinical records, of
the patient against whom the order is sought as are  necessary  for  the
full investigation and disposition of an application for an extreme risk
protection  order  under this article. All such records and other health
information provided shall be sealed by the court.
2. The decision of any health care provider described  in  subdivision
one  of this section to disclose or not to disclose records or documents
relating to the diagnosis, prognosis or treatment, and clinical  records
of  a  patient  under  paragraphs (a) and (b) of subdivision one of this
section, when made reasonably and in good faith, shall not be the  basis
for  any  civil  or  criminal liability with respect to such health care
provider.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 64 - Receivership › 6401 - Appointment and Powers of Temporary Receiver.

§  6401. Appointment and powers of temporary receiver. (a) Appointment
of temporary receiver; joinder of moving party. Upon motion of a  person
having  an  apparent  interest  in  property  which is the subject of an
action in the supreme or a county court, a  temporary  receiver  of  the
property may be appointed, before or after service of summons and at any
time prior to judgment, or during the pendency of an appeal, where there
is  danger  that  the  property will be removed from the state, or lost,
materially injured or destroyed. A motion made by a person not already a
party to the action constitutes an appearance  in  the  action  and  the
person shall be joined as a party.
(b)  Powers of temporary receiver. The court appointing a receiver may
authorize him to take and hold real and personal property, and sue  for,
collect  and  sell  debts  or  claims, upon such conditions and for such
purposes as the court shall direct. A receiver shall have  no  power  to
employ  counsel  unless  expressly  so authorized by order of the court.
Upon motion of the receiver or a party, powers granted  to  a  temporary
receiver  may be extended or limited or the receivership may be extended
to another action involving the property.
(c) Duration of temporary receivership. A temporary receivership shall
not continue after final  judgment  unless  otherwise  directed  by  the
court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 64 - Receivership › 6402 - Oath.

§  6402.  Oath. A temporary receiver, before entering upon his duties,
  shall be sworn faithfully and fairly to discharge the trust committed to
  him. The oath may be administered  by  any  person  authorized  to  take
  acknowledgments  of  deeds  by  the  real  property law. The oath may be
  waived upon consent of all parties.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 64 - Receivership › 6404 - Accounts.

§  6404.  Accounts.  A  temporary receiver shall keep written accounts
  itemizing receipts and expenditures, and  describing  the  property  and
  naming  the  depository  of  receivership  funds, which shall be open to
  inspection by any person having an apparent interest  in  the  property.
  Upon motion of the receiver or of any person having an apparent interest
  in the property, the court may require the keeping of particular records
  or  direct  or  limit  inspection or require presentation of a temporary
  receiver's accounts. Notice of  a  motion  for  the  presentation  of  a
  temporary  receiver's  accounts shall be served upon the sureties on his
  undertaking as well as upon each party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 65 - Notice of Pendency › 6501 - Notice of Pendency; Constructive Notice.

§  6501.  Notice  of  pendency;  constructive  notice. (a) A notice of
pendency may be filed in any action in a court of the state  or  of  the
United  States in which the judgment demanded would affect the title to,
incumbrance of, or the possession, use or enjoyment of,  real  property,
except in a summary proceeding brought to recover the possession of real
property.  The  pendency  of such an action is constructive notice, from
the time of  filing  of  the  notice  only,  to  a  purchaser  from,  or
incumbrancer  against,  any  defendant  named  in  a  notice of pendency
indexed in a block index against a block in which property  affected  is
situated  or  any  defendant  against whose name a notice of pendency is
indexed. A person whose conveyance or incumbrance is recorded after  the
filing  of  the  notice  is bound by all proceedings taken in the action
after such filing to the same extent as a party.
(b) Notwithstanding any provision of subdivision (a) of  this  section
to  the  contrary,  a  notice  of  pendency  may  be filed by a district
attorney's  office  or  the  office  of  the  attorney  general  upon  a
determination  after  investigation  that there is probable cause that a
crime has occurred  that  affects  the  title  to,  incumbrance  of,  or
possession  of  real  property, in the county where the real property is
located. Such notice of pendency shall remain in effect for a period  of
six months but may be renewed twice.
(c)  Notwithstanding  any provision of subdivision (a) of this section
to the contrary, a notice  of  pendency  may  be  filed  by  a  district
attorney's  office or the office of the attorney general upon the filing
of a criminal complaint or indictment that allege charges affecting  the
title  to,  incumbrance of or possession of real property, in the county
where the real property is located. A  notice  of  pendency  filed  will
remain  in  effect  until  the  prosecution of a criminal case is either
dismissed, or otherwise disposed of at sentencing and is not subject  to
a  three  year  period  of  expiration  under  section six thousand five
hundred thirteen of this article.