N.Y. Civil Practice Law & Rules § 1317: Order of attachment without notice

§ 1317. Order of attachment without notice. 1. 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. It shall specify

the amount to be secured by the order of attachment including any

interest, costs and any claiming agent's fees and expenses, be endorsed

with the name and address of the claiming authority and shall be

directed to a claiming agent in any county or in 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 claiming

agent to levy within his or her 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.

2. Confirmation of order. An order of attachment granted without

notice shall provide that within a period not to exceed five days after

levy, the claiming authority shall move, on such notice as the court

shall direct to the defendant, the garnishee, if any, and the claiming

agent, for an order confirming the order of attachment. If the claiming

authority fails to make such motion within the required period, the

order of attachment and levy thereunder shall have no further effect and

shall be vacated upon motion. Upon the motion to confirm, the provisions

of subdivision two of section one thousand three hundred twenty-nine of

this article shall apply. An order of attachment granted without notice

may provide that the claiming agent refrain from taking any property

levied upon into his actual custody, pending further order of the court.