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 at any time prior to judgment. Unless it has already been filed in that county, the complaint shall be filed with the notice of pendency. 2. Content, designation of index. A notice of pendency shall state the names of the parties to the action, that the action is for forfeiture pursuant to this article and a description of the property affected. A notice of pendency filed with a clerk who maintains a block index shall contain a designation of the number of each block on the land map of a county which is affected by the notice. A notice of pendency filed with a clerk who does not maintain a block index shall contain a designation of the names of each defendant against whom the notice is directed to be indexed. 3. Indexing. Each county clerk with whom a notice of pendency is filed shall immediately record and index it against the blocks or names designated. A county clerk who does not maintain a block index shall index a notice of pendency of an action for partition against the names of each claiming authority and each defendant not designated as wholly fictitious.
§ 1344.Filing, content and indexing of notice of pendency
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceSets the mechanics for a forfeiture notice of pendency -- where and when it must be filed alongside the complaint, what it must state about the parties, the forfeiture claim, and the affected property, and how county clerks must index it by block or by defendant's name.
Full Text of CPLR 1344
Plain-English Summary
Section 1344 turns section 1343's constructive-notice concept into a filing checklist. The notice of pendency goes to the clerk of any county where the affected property sits, and it can be filed before or after the summons is served, so long as it happens before judgment. Unless the complaint is already on file in that county, it has to be filed together with the notice.
Content requirements keep the notice useful to anyone who searches the record. It must name the parties, state that the action seeks forfeiture under Article 13-A, and describe the property affected. Where the county clerk keeps a block index, the notice must designate the block number on the land map; where the clerk does not, it must designate the names of the defendants against whom it should be indexed.
Indexing is the clerk's job, and the statute expects it done right away. Each county clerk records and indexes the notice against the designated blocks or names as soon as it comes in, which is what makes the constructive-notice rule in section 1343 work in practice instead of only on paper.
Frequently Asked Questions
Where must a notice of pendency in a forfeiture action be filed?
With the clerk of any county where the property affected by the action is located.
Can the notice of pendency be filed before the summons is served?
Yes, it can be filed before or after service of the summons, as long as it happens before judgment.
Does the complaint need to be filed along with the notice of pendency?
Yes, unless the complaint has already been filed in that county.
What must the notice of pendency say?
The names of the parties, a statement that the action is for forfeiture under Article 13-A, and a description of the affected property.
How quickly must the county clerk index the notice?
Immediately upon filing, recording and indexing it against the designated blocks or defendant names.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984 and applicable to crimes committed on and after Aug 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1344 filing notice of pendencyforfeiture lis pendens indexingblock index notice of pendency NYnotice of pendency content requirements