1342 – Removal.
§ 1342. Removal. Upon motion of any party or upon its own initiative, the court which appointed a receiver may remove him or her at any time.
1343 – Notice of Pendency; Constructive Notice.
§ 1343. Notice of pendency; constructive notice. A notice of pendency may be filed in any action brought pursuant to this article in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property. The pendency of such an action is constructive notice, from the time of filing […]
1344 – Filing, Content and Indexing of Notice of Pendency.
§ 1344. Filing, content and indexing of notice of pendency. 1. Filing. In a case specified in section one thousand three hundred forty-three of this article 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 a summons and […]
1345 – Service of Summons.
§ 1345. Service of summons. A notice of pendency filed before an action is commenced 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 […]
1346 – Duration of Notice of Pendency.
§ 1346. 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 claiming authority and upon such notice as it may require, for good cause shown, may grant […]
1347 – Motion for Cancellation of Notice of Pendency.
§ 1347. Motion for cancellation of notice of pendency. 1. 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 one […]
1348 – Undertaking for Cancellation of Notice of Pendency.
§ 1348. Undertaking for cancellation of notice of pendency. The court, upon motion of any person aggrieved and upon such notice of pendency 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, […]
1349 – Disposal of Property.
§ 1349. Disposal of property. 1. Any judgment or order of forfeiture issued pursuant to this article shall include provisions for the disposal of the property found to have been forfeited. 2. If any other provision of law expressly governs the manner of disposition of property subject to the judgment or order of forfeiture, that […]
1350 – Rules of Procedure; in General.
§ 1350. Rules of procedure; in general. The civil practice law and rules shall govern the procedure in proceedings and actions commenced under this article, except where the procedure is regulated by any inconsistent provisions herein.
1351 – Application of Article.
§ 1351. Application of article. If any provision of this article or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined (i) in its operation of the […]