reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 65 - Notice of Pendency › R6511 - Filing, Content and Indexing of Notice of Pendency.

Rule  6511.  Filing,  content  and indexing of notice of pendency. (a)
Filing. In a case specified in section  6501,  the  notice  of  pendency
shall  be  filed in the office of the clerk of any county where property
affected is situated, before or after service of summons and at any time
prior to judgment. Unless it has already been filed in that county,  the
complaint shall be filed with the notice of pendency.
(b)  Content;  designation  of index. A notice of pendency shall state
the names of the parties to the action, including the name and telephone
number of the mortgage servicer for  a  foreclosing  party  involving  a
mortgage  foreclosure of a one- to four-family residential property, the
object of the action and a  description  of  the  property  affected.  A
notice  of pendency filed with a clerk who maintains a block index shall
contain a designation of the number of each block on the land map of the
county which is  affected  by  the  notice.  Except  in  an  action  for
partition  a notice of pendency filed with a clerk who does not maintain
a block index shall contain a designation of the names of each defendant
against whom the notice is directed to be indexed.
(c) Indexing. Each county clerk with whom  a  notice  of  pendency  is
filed  shall  immediately  record  it and index it against the blocks or
names designated. A county clerk who does not  maintain  a  block  index
shall  index a notice of pendency of an action for partition against the
names of each plaintiff and each  defendant  not  designated  as  wholly
fictitious.
(d)  Electronic  indexing.  A  county  clerk  may adopt a new indexing
system utilizing electro-mechanical, electronic or any other  method  he
deems suitable for maintaining the indexes.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 65 - Notice of Pendency › 6512 - Service of Summons.

§ 6512. Service of summons. A notice of pendency is effective only if,
  within  thirty days after filing, 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. If the
  defendant dies within thirty days after filing and before the summons is
  served upon him or publication is completed,  the  notice  is  effective
  only  if the summons is served upon his executor or administrator within
  sixty days after letters are issued.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 65 - Notice of Pendency › 6513 - Duration of Notice of Pendency.

§  6513. Duration of notice of pendency. A notice of pendency shall be
  effective for a period of three years from the date  of  filing.  Before
  expiration of a period or extended period, the court, upon motion of the
  plaintiff  and upon such notice as it may require, for good cause shown,
  may grant an extension for a like additional period. An extension  order
  shall  be  filed,  recorded  and  indexed before expiration of the prior
  period.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 65 - Notice of Pendency › 6514 - Motion for Cancellation of Notice of Pendency.

§  6514.  Motion for cancellation of notice of pendency. (a) Mandatory
cancellation. The court, upon motion of any person  aggrieved  and  upon
such notice as it may require, shall direct any county clerk to cancel a
notice  of  pendency,  if  service  of  a summons has not been completed
within the time limited by section 6512;  or  if  the  action  has  been
settled,  discontinued  or abated; or if the time to appeal from a final
judgment against the plaintiff has expired; or if enforcement of a final
judgment against the plaintiff has not been stayed pursuant  to  section
5519.
(b)  Discretionary  cancellation. The court, upon motion of any person
aggrieved and upon such notice as it may require, may direct any  county
clerk to cancel a notice of pendency, if the plaintiff has not commenced
or prosecuted the action in good faith.
(c)  Costs and expenses. The court, in an order cancelling a notice of
pendency under this section, may direct the plaintiff to pay  any  costs
and  expenses  occasioned by the filing and cancellation, in addition to
any costs of the action.
(d) Cancellation by  stipulation.  At  any  time  prior  to  entry  of
judgment,  a  notice  of pendency shall be cancelled by the county clerk
without an order, on the filing with him of
1. an affidavit by  the  attorney  for  the  plaintiff  showing  which
defendants  have  been  served  with  process,  which  defendants are in
default in appearing or answering, and which defendants have appeared or
answered and by whom, and
2. a  stipulation  consenting  to  the  cancellation,  signed  by  the
attorney  for  the plaintiff and by the attorneys for all the defendants
who have appeared or  answered  including  those  who  have  waived  all
notices,  and executed and acknowledged, in the form required to entitle
a deed to be recorded, by the  defendants  who  have  been  served  with
process  and  have not appeared but whose time to do so has not expired,
and by any defendants who have appeared in person.
(e) Cancellation by plaintiff. At any  time  prior  to  the  entry  of
judgment a notice of pendency of action shall be cancelled by the county
clerk  without  an  order, on the filing with him of an affidavit by the
attorney for the plaintiff showing that there have been  no  appearances
and that the time to appear has expired for all parties.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 65 - Notice of Pendency › 6515 - Undertaking for Cancellation of Notice of Pendency; Security by Plaintiff.

§  6515.  Undertaking for cancellation of notice of pendency; security
  by plaintiff. In any action other than a foreclosure action  as  defined
  in  subdivision  (b) of section 6516 of this article or for partition or
  dower, the court, upon motion of any  person  aggrieved  and  upon  such
  notice as it may require, may direct any county clerk to cancel a notice
  of  pendency,  upon  such terms as are just, whether or not the judgment
  demanded would affect specific real property, if the moving party  shall
  give an undertaking in an amount to be fixed by the court, and if:
1.  the  court  finds  that  adequate  relief  can  be  secured to the
  plaintiff by the giving of such an undertaking; or
2. in such action, the plaintiff fails to give an undertaking,  in  an
  amount  to  be fixed by the court, that the plaintiff will indemnify the
  moving party for the damages that he or she may incur if the  notice  is
  not cancelled.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 65 - Notice of Pendency › 6516 - Successive Notices of Pendency.

§ 6516. Successive notices of pendency. (a) In a foreclosure action, a
successive  notice  of  pendency  may  be  filed  to comply with section
thirteen hundred thirty-one of the real property actions and proceedings
law, notwithstanding that a previously filed notice of pendency in  such
action  or  in  a  previous  foreclosure  action has expired pursuant to
section 6513 of this article or has become ineffective  because  service
of  a  summons had not been completed within the time limited by section
6512  of  this  article,  whether  or  not  such  expiration   or   such
ineffectiveness  has  been  determined by the court. This subdivision is
inapplicable  to   an   action   to   foreclose   a   mechanic's   lien,
notwithstanding section forty-three of the lien law.
(b)  For  the  purposes of this article, the term "foreclosure action"
shall mean any action or proceeding in which the provisions  of  section
thirteen hundred thirty-one of the real property actions and proceedings
law are applicable or in which a similar requirement is imposed by law.
(c) Except as provided in subdivision (a) of this section, a notice of
pendency  may  not  be  filed  in any action in which a previously filed
notice of pendency affecting the same property  had  been  cancelled  or
vacated or had expired or become ineffective.
(d) Nothing contained in this section shall be construed as making the
requirements of section thirteen hundred thirty-one of the real property
actions  and  proceedings  law applicable to a proceeding to foreclose a
tax lien in which a list of delinquent taxes has been filed pursuant  to
subdivision  seven  of  section  eleven  hundred  twenty-two of the real
property tax law or any comparable law, or as precluding the filing of a
successive list of delinquent taxes in such a proceeding.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7001 - Application of Article; Special Proceeding.

§   7001.  Application  of  article;  special  proceeding.  Except  as
  otherwise prescribed by statute, the  provisions  of  this  article  are
  applicable  to common law or statutory writs of habeas corpus and common
  law writs of certiorari to inquire into detention.  A  proceeding  under
  this article is a special proceeding.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7003 - When the Writ Shall Be Issued.

§  7003.  When  the  writ shall be issued. (a) Generally. The court to
whom the petition is made shall issue the writ without delay on any day,
or, where the petitioner  does  not  demand  production  of  the  person
detained or it is clear that there is no disputable issue of fact, order
the  respondent  to  show  cause  why  the person detained should not be
released. If it appears from  the  petition  or  the  documents  annexed
thereto  that  the  person  is not illegally detained or that a court or
judge of the United States  has  exclusive  jurisdiction  to  order  him
released, the petition shall be denied.
(b)  Successive petitions for writ. A court is not required to issue a
writ of habeas  corpus  if  the  legality  of  the  detention  has  been
determined  by  a court of the state on a prior proceeding for a writ of
habeas corpus and  the  petition  presents  no  ground  not  theretofore
presented  and  determined  and  the court is satisfied that the ends of
justice will not be served by granting it.
(c) Penalty for violation.    For  a  violation  of  this  section  in
refusing  to  issue the writ, a judge, or, if the petition was made to a
court, each member of the court who assents to the  violation,  forfeits
to  the  person  detained  one  thousand  dollars, to be recovered by an
action in his name or in the name of the petitioner to his use.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7004 - Content of Writ.

§ 7004. Content of writ. (a) For whom issued. The writ shall be issued
on  behalf of the state, and where issued upon the petition of a private
person, it shall show that it was issued upon his relation.
(b) To whom directed.    The  writ  shall  be  directed  to,  and  the
respondent shall be, the person having custody of the person detained.
(c)  Before  whom  returnable.    A  writ to secure the discharge of a
person from a state  institution  shall  be  made  returnable  before  a
justice  of the supreme court or a county judge being or residing within
the county in which the person is detained; if there is no such judge it
shall be made returnable before the  nearest  accessible  supreme  court
justice  or  county  judge.   In all other cases, the writ shall be made
returnable in the county where it was  issued,  except  that  where  the
petition  was  made  to  the supreme court or to a supreme court justice
outside the county in which  the  person  is  detained,  such  court  or
justice  may  make  the  writ  returnable before any judge authorized to
issue it in the county of detention.
(d) When returnable.  The writ may be made returnable forthwith or  on
any day or time certain, as the case requires.
(e)  Expenses;  undertaking.  A  court  issuing a writ directed to any
person other than a public officer may require the petitioner to pay the
charges of bringing up the person detained and to deliver an undertaking
to the person having him in custody, in an amount fixed by the court, to
pay the charges for taking back the person  detained  if  he  should  be
remanded. Service of the writ shall not be complete until such charge is
paid or tendered and such undertaking is delivered.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7005 - Service of the Writ.

§  7005. Service of the writ. A writ of habeas corpus may be served on
  any day. Service shall be made by delivering the writ and a copy of  the
  petition  to  the  person  to whom it is directed. If he cannot with due
  diligence be found, the writ may be served by leaving it and a  copy  of
  the  petition  with any person who has custody of the person detained at
  the time. Where the person to whom the writ is directed conceals himself
  or refuses admittance, the writ may be served by affixing it and a  copy
  of  the  petition  in  a  conspicuous place on the outside either of his
  dwelling or of the place where the person is detained and mailing a copy
  of the writ and the petition to him at such dwelling  or  place,  unless
  the  court  which issues the writ determines, for good cause shown, that
  such mailing shall be dispensed with, or directs service in  some  other
  manner  which  it  finds  reasonably  calculated  to give notice to such
  person of the proceeding. If the person detained is in the custody of  a
  person  other  than  the one to whom the writ is directed, a copy of the
  writ may be served upon the person having such  custody  with  the  same
  effect as if the writ had been directed to him.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7006 - Obedience to the Writ.

§  7006.  Obedience  to  the  writ. (a) Generally; defects in form.  A
person upon whom the writ or a copy thereof is  served,  whether  it  is
directed  to  him  or not, shall make a return to it and, if required by
it, produce the body of the  person  detained  at  the  time  and  place
specified,  unless the person detained is too sick or infirm to make the
required trip. A writ of habeas corpus shall not be disobeyed for defect
of form so long as the identity of the person detained  may  be  derived
from its contents.
(b)  Compelling  obedience. If the person upon whom the writ or a copy
thereof is served refuses or neglects fully to obey it, without  showing
sufficient  cause,  the  court  before whom the writ is returnable, upon
proof of its service, shall forthwith  issue  a  warrant  of  attachment
against  him  directed to the sheriff in any county in which such person
may be found requiring him to be brought before the  court  issuing  the
warrant; he may be ordered committed in close custody to the county jail
until  he  complies  with the order of the court. Where such person is a
sheriff,  the  warrant  shall  be  directed  to  a  person  specifically
designated  to  execute  it. Such person shall have power to call to his
aid the same assistance as the  sheriff  in  executing  the  warrant;  a
sheriff shall be committed to a jail in a county other than his own.
(c) Precept to bring up person detained.  A court issuing a warrant of
attachment  as  prescribed  in  subdivision (b) may at the same time, or
thereafter, issue a precept  to  the  person  to  whom  the  warrant  is
directed  ordering  him immediately to bring before the court the person
detained.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7007 - Warrant Preceding or Accompanying Writ.

§  7007. Warrant preceding or accompanying writ. A court authorized to
  issue a writ of habeas corpus, upon satisfactory proof that a person  is
  wrongfully  detained  and  will  be  removed  from  the  state or suffer
  irreparable injury before he can be relieved  by  habeas  corpus,  shall
  issue  a  warrant  of  attachment  directed  to  an  appropriate officer
  requiring him immediately to bring the person detained before the court.
  A writ of habeas corpus directed to the person  having  custody  of  the
  person  detained  shall  also  be  issued.  Where  it  appears  that the
  detention constitutes a criminal offense,  the  warrant  may  order  the
  apprehension of the person responsible for the detention, who shall then
  be  brought  before  the  court issuing the warrant and examined as in a
  criminal case.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7008 - Return.

§ 7008. Return. (a) When filed and served. The return shall consist of
an  affidavit  to be served in the same manner as an answer in a special
proceeding and filed at the time and place specified in  the  writ,  or,
where  the  writ is returnable forthwith, within twenty-four hours after
its service.
(b) Content. The affidavit shall fully and  explicitly  state  whether
the  person detained is or has been in the custody of the person to whom
the writ is directed, the authority and cause of the detention,  whether
custody  has been transferred to another, and the facts of and authority
for any such transfer. A copy of any mandate  by  virtue  of  which  the
person  is  detained shall be annexed to the affidavit, and the original
mandate shall be produced at the hearing; where  the  mandate  has  been
delivered  to the person to whom the person detained was transferred, or
a copy of it cannot be obtained, the reason for failure  to  produce  it
and the substance of the mandate shall be stated in the affidavit.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7009 - Hearing.

§  7009. Hearing. (a) Notice before hearing. Where the detention is by
virtue of a mandate, the court shall not adjudicate the  issues  in  the
proceeding until written notice of the time and place of the hearing has
been served either personally eight days prior to the hearing, or in any
other manner or time as the court may order,
1.  where  the  mandate  was  issued in a civil cause, upon the person
interested in continuing the detention or upon his attorney; or,
2. where a person is detained by order of  the  family  court,  or  by
order of any court while a proceeding affecting him or her is pending in
the  family  court,  upon  the  judge  who  made  the order. In all such
proceedings, the court shall be represented by the attorney-general; or,
3. in any other case, upon the district  attorney  of  the  county  in
which  the  person  was  detained  when the writ was served and upon the
district attorney of the county from which he was committed.
(b) Reply to return. The petitioner or the person  detained  may  deny
under  oath,  orally  or  in  writing,  any  material  allegation of the
answering affidavits or allege any fact showing that the person detained
is entitled to be discharged.
(c) Hearing to be summary. The court shall proceed in a summary manner
to hear the evidence produced in support of and  against  the  detention
and to dispose of the proceeding as justice requires.
(d)  Sickness  or  infirmity of person detained. Where it is proved to
the satisfaction of the court that the person detained is  too  sick  or
infirm  to  be  brought  to the appointed place, the hearing may be held
without his presence, may be adjourned, or may  be  held  at  the  place
where the prisoner is detained.
(e)  Custody  during  proceeding. Pending final disposition, the court
may place the person detained in custody or parole him or admit  him  to
bail as justice requires.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7010 - Determination of Proceeding.

§  7010.  Determination of proceeding. (a) Discharge. If the person is
illegally detained a final judgment shall be  directed  discharging  him
forthwith.  No  person  detained shall be discharged for a defect in the
form of the commitment, or because  the  person  detaining  him  is  not
entitled  to do so if another person is so entitled. A final judgment to
discharge a person may be enforced by the court  issuing  the  order  by
attachment in the manner prescribed in subdivision (b) of section 7006.
(b)  Bail.  If  the  person detained has been admitted to bail but the
amount fixed is so excessive as to constitute an  abuse  of  discretion,
and  he  is  not  ordered  discharged,  the  court  shall direct a final
judgment reducing bail to a proper amount. If the  person  detained  has
been  denied  bail,  and  he  is not ordered discharged, the court shall
direct a final judgment admitting  him  to  bail  forthwith,  if  he  is
entitled  to  be admitted to bail as a matter of right, or if it appears
that the denial  of  bail  constituted  an  abuse  of  discretion.  Such
judgment  must  fix  the  amount  of bail, specify the time and place at
which the person detained is required to appear, and order  his  release
upon bail being given in accordance with the criminal procedure law.
(c)  Remand.  If the person detained is not ordered discharged and not
admitted to bail, a final judgment  shall  be  directed  dismissing  the
proceeding,  and, if he was actually produced in court, remanding him to
the detention from which he was taken, unless the person then  detaining
him  was  not  entitled  to do so, in which case he shall be remanded to
proper detention.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7011 - Appeal.

§  7011.  Appeal.  An  appeal may be taken from a judgment refusing to
  grant a writ of habeas corpus or refusing an order to show cause  issued
  under  subdivision (a) of section 7003, or from a judgment made upon the
  return of such a writ or order to show cause. A person to whom notice is
  given pursuant to subdivision  (a)  of  section  7009  is  a  party  for
  purposes  of appeal.  The attorney-general may appeal in the name of the
  state in any case where a district attorney might do so. Where an appeal
  from a judgment admitting a person to bail is taken by  the  state,  his
  release shall not be stayed thereby.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 71 - Recovery of Chattel › 7104 - Seizing, Reclaiming or Returning Less Than All Chattels.

§ 7104. Seizing, reclaiming or returning less than all chattels. Where
  the seizure of two or more chattels is required by the order of seizure,
  the sheriff shall seize those chattels which can be found. Less than all
  of  the  seized  chattels  may  be impounded, reclaimed or returned. The
  value of the  chattels  seized,  as  stated  in  the  affidavit  of  the
  plaintiff,  or  as  determined  by  the  court  upon  application of the
  defendant,  shall  be  the  value  for  the   purposes   of   subsequent
  undertakings  in  the  action.  Unless  the  court orders otherwise, the
  sheriff may, at any time before entry of judgment, seize those  chattels
  not  yet seized; the proceedings for reclaiming, impounding or returning
  a chattel subsequently seized are the same as on a former seizure.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 71 - Recovery of Chattel › 7105 - Sale of Perishable Property.

§  7105.  Sale of perishable property. Upon motion with such notice as
  the court  may  require,  the  court  may  order  the  sheriff  to  sell
  perishable  property  which  has been seized.  The court shall prescribe
  the time and place of the sale, and the manner and time in which  notice
  thereof  shall be given. Unless the court orders otherwise, the sheriff,
  after deducting his fees and necessary expenses, shall pay the  proceeds
  into court to be held pending determination of the action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 71 - Recovery of Chattel › 7106 - Payment of Sheriff's Fees and Expenses; Liability of Sheriff.

§  7106. Payment of sheriff's fees and expenses; liability of sheriff.
(a) Payment of sheriff's  fees  and  expenses.  The  sheriff  shall  not
deliver  a  chattel  to  the  person  entitled to possession unless such
person shall, upon request, pay to the sheriff his lawful fees  and  the
expenses  necessarily  incurred  in taking and keeping the chattel. Such
fees and expenses shall be taxed as costs in the action or may be  taxed
immediately  upon  motion  and the sheriff may be required to refund any
amount not found to be necessarily incurred.
(b) Liability of sheriff. A sheriff is liable for  damages  caused  by
his  delivery  of  a  chattel  in  violation of this article only to the
extent that such damages can not be collected from the party to whom the
chattel was delivered, or his surety. When a chattel is delivered by the
sheriff to any party, as prescribed in this article, the sheriff  ceases
to  be  responsible  for  the  sufficiency of the sureties of any party;
until then, he is responsible for the sufficiency of the sureties of any
party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 71 - Recovery of Chattel › 7107 - Sheriff's Return.

§  7107.  Sheriff's  return.  The  sheriff shall file with the clerk a
  return within twenty days after he has delivered  a  chattel;  it  shall
  include  all papers delivered to or served on him and a statement of all
  action taken by him. Where the sheriff has not filed a return before the
  hearing of a motion made by any party to punish  him  for  contempt  for
  such failure, he may be punished for contempt. At least ten days' notice
  of such motion shall be given to the sheriff.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 71 - Recovery of Chattel › 7108 - Judgment; Execution in Certain Cases; Enforcement by Contempt.

§ 7108. Judgment; execution in certain cases; enforcement by contempt.
(a) Generally. Damages for wrongful taking or detention or for injury to
or  depreciation  of a chattel may be awarded to a party. If an order of
seizure granted without notice is not confirmed as required pursuant  to
paragraph four of subdivision (d) of section 7102, the plaintiff, unless
the court orders otherwise upon good cause shown, shall be liable to the
defendant  for  all  costs  and damages, including reasonable attorney's
fees, which may be sustained by reason of the granting of the  order  of
seizure  without  notice,  and  the  plaintiff's  liability shall not be
limited to  the  amount  of  the  undertaking.  Except  as  provided  in
subdivision  (b), judgment shall award possession of each chattel to the
prevailing party or, if the action is discontinued or dismissed, to  the
person  from whom it was seized; and where the person awarded possession
is not  in  possession  when  judgment  is  entered,  it  shall  in  the
alternative, award the value of each chattel at the time of trial or the
sum  for which it was sold under section 7105, decreased by the value of
the interest of an unsuccessful party.
(b) Where value  of  chattel  should  not  be  awarded;  execution.  A
verdict,  report or decision in favor of the defendant where the chattel
is in possession of the plaintiff at the time it is rendered  shall  not
fix the value of the chattel where:
1.  the  plaintiff  is  the owner of the chattel but it was rightfully
distrained doing damage, and the value of the chattel  is  greater  than
the damages sustained by the defendant; or
2.  the plaintiff is the owner of the chattel, but the defendant had a
special property therein, the value of which is less than the  value  of
the chattel.
The  verdict,  report  or  decision  shall  state why the value of the
chattel is not  fixed,  and  the  final  judgment  shall  award  to  the
defendant the amount of damages or value of his special property and, if
such sum is not collected, possession of the chattel. An execution shall
direct the sheriff to deliver possession of the chattel to the defendant
unless  the  party  in  possession pays the sum awarded to the defendant
with interest and sheriff's fees and in case the chattel cannot be found
within his county, then to satisfy that sum from  the  property  of  the
party  against  whom  the  judgment  is  entered.  If  the chattel is in
possession of the defendant, it may remain in his possession  until  the
amount awarded is paid.
(c) Failure of jury to fix sum.  If the jury shall fail to fix any sum
required  to be fixed by this section, such sum shall be fixed by a jury
empanelled for the  purpose  upon  motion  made  before  the  judge  who
presided at the trial within fifteen days after verdict.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 71 - Recovery of Chattel › 7109 - Unique Chattel.

§  7109.  Unique chattel. (a) Injunction, temporary restraining order.
Where  the  chattel  is  unique,  the  court  may  grant  a  preliminary
injunction  or temporary restraining order that the chattel shall not be
removed  from  the  state,  transferred,  sold,  pledged,  assigned   or
otherwise disposed of until the further order of the court.
(b) Judgment enforceable by contempt. Where the chattel is unique, the
court, in addition to granting a judgment under section 7108, may direct
that  a party in possession deliver the chattel to the party entitled to
possession. Disobedience of a judgment or  order  so  directing  may  be
punished  as  a  contempt  of court. If a party accepts the value of the
chattel awarded to him by the judgment, he shall have no  claim  to  the
chattel.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 71 - Recovery of Chattel › 7110 - Sheriff's Powers.

§  7110.  Sheriff's  powers.  If the order of seizure so provides, the
  sheriff, in accordance with the order of seizure, may break open,  enter
  and  search  for  the  chattel in the place where the chattel may be and
  take the chattel into his possession.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 71 - Recovery of Chattel › 7111 - Action on Undertaking.

§  7111.  Action on undertaking. An action on an undertaking cannot be
  maintained after final judgment  until  the  return,  wholly  or  partly
  unsatisfied,  of an execution on the judgment for delivery of possession
  of the chattel or for payment of a sum of money in lieu of the chattel.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 71 - Recovery of Chattel › 7112 - Testimony by Deposition to Ascertain Location of Chattel.

§  7112.  Testimony  by deposition to ascertain location of chattel. A
  party to an action to recover a chattel may move, upon  such  notice  as
  the  court  may  direct,  upon  a showing that he lacks knowledge of the
  location of the chattel or a part thereof, for an order to  examine  any
  person  for  the purpose of obtaining information with reference to such
  location. The order may be granted before or after  service  of  summons
  and  complaint,  or anytime before or after final judgment, and may also
  restrain the adverse party from acting in violation of  whatever  rights
  the  moving  party  may  have  in  the  chattel, upon the execution of a
  reasonable undertaking,  with  sufficient  sureties,  to  reimburse  the
  adverse party for all damages wrongfully caused by such restraint.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 72 - Recovery of Penalty or Forfeiture › 7201 - Action by State.

§  7201.  Action by state. (a) Statutory penalty or forfeiture.  Where
property has been forfeited or a penalty incurred to the state or to  an
officer,  for its use, pursuant to statute, the attorney-general, or the
district attorney of the county in which the action is triable, if  such
an  action  has  not already been brought by the attorney-general, shall
commence an action to recover the property or  penalty.  A  recovery  in
such  an  action  bars  the recovery in any other action brought for the
same cause.
(b) Forfeiture on conviction for treason. Where personal  property  is
forfeited  to  the  state upon a conviction of outlawry for treason, the
attorney-general shall commence an action to recover the property or its
value.
(c) Forfeiture of recognizance. Where the condition of a  recognizance
is broken, the recognizance is wholly forfeited by an order of the court
directing  its  prosecution.    Where  a  recognizance  to  the state is
forfeited, it is not necessary to allege or prove any damages.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 72 - Recovery of Penalty or Forfeiture › 7202 - Action by Person Aggrieved.

§  7202.  Action by person aggrieved. Where a penalty or forfeiture is
  given by a statute to a person aggrieved  by  the  act  or  omission  of
  another, the person aggrieved may commence an action to recover it.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 72 - Recovery of Penalty or Forfeiture › 7203 - Action by Common Informer.

§  7203.  Action  by  common informer. (a) When maintainable.  Where a
penalty or forfeiture is given by a statute to any person, an action  to
recover  it  may  be  maintained  by any person in his own name; but the
action cannot be compromised or settled without the leave of the court.
(b) Service. The summons can be served only by an  officer  authorized
by  law  to  collect upon an execution issued out of the same court. The
summons  cannot  be  countermanded  by  the  plaintiff  before  service.
Immediately after it has been served, the officer shall file it with his
certificate of service with the judge who issued it or with the clerk of
the court.
(c)  Action  not  barred  by  collusive  recovery.  The  plaintiff may
recover, notwithstanding the recovery of a judgment, for or against  the
defendant,  in  an  action  brought  by  another  person,  if the former
judgment was recovered collusively and fraudulently.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 72 - Recovery of Penalty or Forfeiture › 7204 - Recovery of Part of Penalty or Forfeiture.

§  7204.  Recovery  of  part of penalty or forfeiture. Where a statute
  gives a pecuniary penalty or forfeiture not exceeding a  specified  sum,
  the whole sum or a part proportionate to the offense may be awarded.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 72 - Recovery of Penalty or Forfeiture › 7205 - Defense of Good Faith Reliance on Judicial Decision.

§ 7205. Defense of good faith reliance on judicial decision. No action
  for a penalty or forfeiture may be brought for an act done in good faith
  and  pursuant  to  a construction given to a statute by a decision of an
  appellate court and adjudged lawful thereby, where  such  act  was  done
  prior to a reversal or the overruling of such decision.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7501 - Effect of Arbitration Agreement.

§  7501.  Effect  of  arbitration  agreement.   A written agreement to
  submit any controversy thereafter arising or any existing controversy to
  arbitration is enforceable without regard to the  justiciable  character
  of  the  controversy and confers jurisdiction on the courts of the state
  to enforce it and to enter judgment on  an  award.  In  determining  any
  matter  arising under this article, the court shall not consider whether
  the claim with respect to which arbitration is  sought  is  tenable,  or
  otherwise pass upon the merits of the dispute.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7504 - Court Appointment of Arbitrator.

§  7504. Court appointment of arbitrator. If the arbitration agreement
  does not provide for a method of appointment of an arbitrator, or if the
  agreed method fails or  for  any  reason  is  not  followed,  or  if  an
  arbitrator  fails  to  act and his successor has not been appointed, the
  court, on application of a party, shall appoint an arbitrator.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7506 - Hearing.

§ 7506. Hearing. (a) Oath of arbitrator. Before hearing any testimony,
an  arbitrator  shall  be  sworn  to  hear  and  decide  the controversy
faithfully and fairly by an officer authorized to administer an oath.
(b) Time and place. The arbitrator shall appoint a time and place  for
the  hearing  and  notify  the  parties  in  writing  personally  or  by
registered or certified  mail  not  less  than  eight  days  before  the
hearing.  The arbitrator may adjourn or postpone the hearing. The court,
upon application of any party, may  direct  the  arbitrator  to  proceed
promptly with the hearing and determination of the controversy.
(c)  Evidence.  The  parties  are  entitled  to  be  heard, to present
evidence and to cross-examine witnesses. Notwithstanding the failure  of
a  party  duly notified to appear, the arbitrator may hear and determine
the controversy upon the evidence produced.
(d)  Representation  by  attorney.  A  party  has  the  right  to   be
represented  by  an  attorney and may claim such right at any time as to
any part of the arbitration or hearings which have not taken place. This
right may not be waived. If a  party  is  represented  by  an  attorney,
papers to be served on the party shall be served upon his attorney.
(e)  Determination  by majority. The hearing shall be conducted by all
the arbitrators, but a majority may determine any question and render an
award.
(f) Waiver. Except as provided in subdivision (d),  a  requirement  of
this  section  may be waived by written consent of the parties and it is
waived if the parties continue with the arbitration without objection.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7507 - Award; Form; Time; Delivery.

§  7507.  Award;  form;  time; delivery. Except as provided in section
  7508, the award  shall  be  in  writing,  signed  and  affirmed  by  the
  arbitrator  making it within the time fixed by the agreement, or, if the
  time is not fixed, within such time as the court orders. The parties may
  in writing extend the time either before  or  after  its  expiration.  A
  party  waives  the  objection that an award was not made within the time
  required unless he notifies the arbitrator in writing of  his  objection
  prior to the delivery of the award to him.  The arbitrator shall deliver
  a  copy  of  the  award  to  each  party  in  the manner provided in the
  agreement, or, if no provision is so made, personally or  by  registered
  or certified mail, return receipt requested.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7508 - Award by Confession.

§  7508.  Award  by  confession.  (a)  When  available.  An  award  by
confession may be made for money due or to become due at any time before
an award is otherwise made. The award shall be based upon  a  statement,
verified  by  each party, containing an authorization to make the award,
the sum of the award or the method of ascertaining  it,  and  the  facts
constituting the liability.
(b)  Time  of  award.  The  award may be made at any time within three
months after the statement is verified.
(c) Person or agency making award.   The  award  may  be  made  by  an
arbitrator  or by the agency or person named by the parties to designate
the abitrator.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7509 - Modification of Award by Arbitrator.

§ 7509. Modification of award by arbitrator. On written application of
  a  party  to  the  arbitrators  within twenty days after delivery of the
  award to the applicant, the arbitrators may modify the  award  upon  the
  grounds stated in subdivision (c) of section 7511. Written notice of the
  application  shall be given to other parties to the arbitration. Written
  objection to modification must be served on the  arbitrators  and  other
  parties to the arbitration within ten days of receipt of the notice. The
  arbitrators  shall dispose of any application made under this section in
  writing, signed and acknowledged  by  them,  within  thirty  days  after
  either  written objection to modification has been served on them or the
  time for serving said objection has expired, whichever is  earlier.  The
  parties  may  in  writing  extend  the  time for such disposition either
  before or after its expiration.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7510 - Confirmation of Award.

§  7510.  Confirmation of award. The court shall confirm an award upon
  application of a party made within one year after its delivery to  them,
  unless  the  award  is  vacated  or  modified upon a ground specified in
  section seventy-five hundred eleven of this article.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7510-A - Confirmation of Award for Public Sector Arbitrations.

§  7510-a.  Confirmation  of award for public sector arbitrations. (a)
The court  shall  confirm  an  award  in  a  public  sector  arbitration
proceeding  upon  application  of a party made within one year after its
delivery to the party, unless an application to  vacate  or  modify  the
award  upon a ground specified in section seventy-five hundred eleven of
this article is made within ninety days after the delivery of the  award
to the party seeking to modify or vacate.
(b)  This  section  shall  only  apply  to  awards from an arbitration
between a public employer and an employee of the public employer.
(c) For the purposes of this section, "public employer" means (i)  the
state  of  New  York,  (ii)  a  county, city, town, village or any other
political subdivision or civil division of the  state,  (iii)  a  school
district  or  any governmental entity operating a public school, college
or university, (iv) a public improvement  or  special  district,  (v)  a
public  authority,  commission,  or public benefit corporation, (vi) any
other  public  corporation,  agency  or  instrumentality  or   unit   of
government  which  exercises  governmental  powers under the laws of the
state, or (vii) in the case  of  a  county  sheriff's  office  in  those
counties  where  the  office of sheriff is an elected position, both the
county and the sheriff, shall be designated as a joint  public  employer
for all purposes of this article.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7511 - Vacating or Modifying Award.

§  7511.  Vacating  or modifying award. (a) When application made.  An
application to vacate or modify an award may be made by a  party  within
ninety days after its delivery to him.
(b) Grounds for vacating.
1. The award shall be vacated on the application of a party who either
participated in the arbitration or was served with a notice of intention
to  arbitrate  if  the  court  finds  that the rights of that party were
prejudiced by:
(i) corruption, fraud or misconduct in procuring the award; or
(ii) partiality of an arbitrator appointed as a neutral, except  where
the award was by confession; or
(iii) an arbitrator, or agency or person making the award exceeded his
power or so imperfectly executed it that a final and definite award upon
the subject matter submitted was not made; or
(iv) failure to follow the procedure of this article, unless the party
applying  to vacate the award continued with the arbitration with notice
of the defect and without objection.
2. The award shall be vacated  on  the  application  of  a  party  who
neither  participated in the arbitration nor was served with a notice of
intention to arbitrate if the court finds that:
(i) the rights of that party were prejudiced by  one  of  the  grounds
specified in paragraph one; or
(ii) a valid agreement to arbitrate was not made; or
(iii) the agreement to arbitrate had not been complied with; or
(iv)  the  arbitrated claim was barred by limitation under subdivision
(b) of section 7502.
(c) Grounds for modifying. The court shall modify the award if:
1. there  was  a  miscalculation  of  figures  or  a  mistake  in  the
description  of  any person, thing or property referred to in the award;
or
2. the arbitrators have awarded upon a matter not  submitted  to  them
and  the  award  may  be  corrected  without affecting the merits of the
decision upon the issues submitted; or
3. the award is imperfect in a  matter  of  form,  not  affecting  the
merits of the controversy.
(d) Rehearing. Upon vacating an award, the court may order a rehearing
and  determination  of  all  or any of the issues either before the same
arbitrator or before a new arbitrator appointed in accordance with  this
article.  Time in any provision limiting the time for a hearing or award
shall be measured from the date of such order or rehearing, whichever is
appropriate, or a time may be specified by the court.
(e) Confirmation. Upon the granting of a motion to modify,  the  court
shall  confirm  the  award  as  modified; upon the denial of a motion to
vacate or modify, it shall confirm the award.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7512 - Death or Incompetency of a Party.

§  7512.  Death  or  incompetency of a party. Where a party dies after
  making a written agreement to submit a controversy to  arbitration,  the
  proceedings  may  be begun or continued upon the application of, or upon
  notice to, his executor or administrator or, where it  relates  to  real
  property,  his  distributee or devisee who has succeeded to his interest
  in the real property. Where a committee of the property or of the person
  of a party to such an agreement is appointed,  the  proceedings  may  be
  continued upon the application of, or notice to, the committee. Upon the
  death  or  incompetency of a party, the court may extend the time within
  which an application to confirm, vacate or modify the award or  to  stay
  arbitration  must  be  made.  Where  a party has died since an award was
  delivered, the proceedings thereupon are the same as where a party  dies
  after a verdict.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7513 - Fees and Expenses.

§  7513. Fees and expenses. Unless otherwise provided in the agreement
  to arbitrate, the arbitrators' expenses and fees,  together  with  other
  expenses,  not including attorney's fees, incurred in the conduct of the
  arbitration, shall be paid as provided  in  the  award.  The  court,  on
  application,  may  reduce  or  disallow  any  fee  or  expense  it finds
  excessive or allocate it as justice requires.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7514 - Judgment on an Award.

§  7514.  Judgment on an award. (a) Entry. A judgment shall be entered
upon the confirmation of an award.
(b) Judgment-roll. The judgment-roll consists of  the  original  or  a
copy of the agreement and each written extention of time within which to
make  an  award;  the statement required by section 7508 where the award
was by confession; the award; each paper submitted to the court and each
order of the court upon an application under sections 7510 and 7511; and
a copy of the judgment.