Filed Date: 2/9/1982
Status: Precedential
Modified Date: 7/5/2016
Thomas E. Walsh, II, Esq. Assistant County Attorney, Rockland County
You have asked whether a county may honor an information subpoena or a restraining notice served upon it without an order by a judge of a court of competent jurisdiction.
A restraining notice may be served upon any person except the employer of a judgment debtor where the property sought to be restrained consists of wages or salary due or to become due to the judgment debtor (CPLR, §
At any time before a judgment is satisfied or vacated, a judgment creditor may compel disclosure of all matters relevant to the satisfaction of the judgment by serving a subpoena upon any person (id.,
§ 5223). No court order is needed for service of a subpoena (Siegel, Practice Commentary, CPLR, §
We conclude that a court order is not required for the service of a restraining notice under section
We note that restraining notices and subpoenas may be served on any person. The term person is not defined for purposes of sections 5222 and 5223 of the CPLR. The General Construction Law defines person as including a corporation and a joint-stock association (§ 37). Municipal corporations are within this definition of person (Ackert vCity of New York,
We conclude that a restraining notice under section
The Attorney General renders formal opinions only to officers and departments of the State government. This perforce is an informal and unofficial expression of views of this office.