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This entry was published on 2014-09-22
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SECTION 6211
Order of attachment without notice
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 62
§ 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.