N.Y. Domestic Relations Law § 233: Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served

§ 233. Sequestration of defendant's property in action for divorce,

separation or annulment where defendant cannot be personally served.

Where in an action for divorce, separation, annulment or declaration of

nullity of a void marriage it appears to the court that the defendant is

not within the state, or cannot be found therein, or is concealing

himself or herself therein, so that process cannot be personally served

upon the defendant, the court may at any time and from time to time make

any order or orders without notice directing the sequestration of his or

her property, both real and personal and whether tangible or intangible,

within the state, and may appoint a receiver thereof, or by injunction

or otherwise take the same into its possession and control. The property

thus sequestered and the income therefrom may be applied in whole or in

part and from time to time, under the direction of the court and as

justice may require, to the payment of such sum or sums as the court may

deem it proper to award, by order or judgment as the case may be, and

during the pendency of the action or at the termination thereof, for the

education or maintenance of any of the children of a marriage, or for

the support of a spouse, or for his or her expenses in bringing and

carrying on said action and the proceedings incidental thereto or

connected therewith; and if the rents and profits of the real estate,

together with the other property so sequestered, be insufficient to pay

the sums of money required, the court, upon such terms and conditions as

it may prescribe, may direct the mortgage or sale of sufficient of said

real estate to pay such sums. The court may appoint the plaintiff spouse

receiver or sequestrator in such cases. The court may authorize such

spouse to use and occupy, free of any liability for rent or use and

occupation or otherwise, any house or other suitable property of the

defendant spouse as a dwelling for himself or herself with or without

the children of the marriage, and may likewise turn over to the

plaintiff spouse for the use of such spouse with or without the children

of the marriage any chattel or chattels of the defendant spouse. The

relief herein provided for is in addition to any and every other remedy

to which a spouse may be entitled under the law.