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§ 1350.Rules of procedure; in general

Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026

In one sentenceMakes the CPLR the default procedural rulebook for every forfeiture action and proceeding brought under Article 13-A, yielding only where the article itself sets an inconsistent procedure.

Full Text of CPLR 1350

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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.

Plain-English Summary

Section 1350 answers a question that could otherwise come up in every forfeiture case: which rules of procedure apply when Article 13-A does not say? The answer is the CPLR itself. The civil practice law and rules govern proceedings and actions brought under this article the same way they govern any other civil case, from pleading and discovery to motion practice and appeals.

The only carve-out is for provisions inside Article 13-A that set their own, different procedure -- the injunction rules in sections 1333 through 1337, for instance, or the notice-of-pendency rules in sections 1343 through 1348. Where the article speaks specifically and inconsistently with the general CPLR, the article controls; everywhere else, the ordinary rules of civil practice fill the gap.

Frequently Asked Questions

Does the general CPLR apply to a forfeiture action under Article 13-A?

Yes, section 1350 makes the CPLR the governing procedural rulebook except where Article 13-A sets an inconsistent rule of its own.

What happens if Article 13-A is silent on a procedural question?

The general provisions of the CPLR fill that gap, since the article incorporates them by default.

Which controls when Article 13-A conflicts with a general CPLR provision?

Article 13-A's specific provision controls, because section 1350 only defers to the general CPLR where the article does not set an inconsistent rule.

Does section 1350 change how discovery works in a forfeiture case?

No, ordinary CPLR discovery rules apply unless a specific Article 13-A provision addresses the same subject differently.

Why does Article 13-A need a provision like this at all?

Because the article creates a specialized set of remedies -- attachment, injunctions, receivership, notice of pendency -- without rebuilding the entire procedural code, so section 1350 anchors everything else to the CPLR the courts already use.

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 1350 rules of procedureforfeiture action CPLR appliesArticle 13-A procedure general ruleNew York forfeiture civil practice law