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In re Terrorist Attacks on Sept. 11, 2001

United States District Court, S.D. New York
Dec 10, 2021
03-MD-1570 (GBD)(SN) (S.D.N.Y. Dec. 10, 2021)

Opinion

03-MD-1570 (GBD)(SN)

12-10-2021

In re TERRORIST ATTACKS ON SEPTEMBER 11, 2001


ORDER

SARAH NETBURN, United States Magistrate Judge.

This document relates to:

Havlish, et al. v. bin Laden, et al., No. 03-cv-9848

The Havlish plaintiffs request that the Court extend their writ of execution. ECF No. 7442. That request is GRANTED.

N.Y. CPLR § 5232(a) gives a judgment creditor 90 days to request an extension to a writ of execution or perfect a levy of assets through turnover proceedings. Wordie v. Chase Manhattan Bank, 529 N.Y.S.2d 1 (1988). “Under CPLR § 5240, a Court ‘may at any time, on its own initiative or the motion of any interested person, and upon such notice as it may require, make an order denying, limiting, conditioning, regulating, extending or modifying the use of any enforcement procedure.'” S.E.C. v. Pentagon Cap. Mgmt. PLC, No. 08-cv- 3324 RWS, 2013 WL 5815374, at *3 (S.D.N.Y. Oct. 29, 2013) “CPLR 5240 is an omnibus section empowering the court to exercise broad powers over the use of enforcement procedures.” Id. (quoting Paz v. Long Island R.R., 241 A.D.2d 486, 661 N.Y.S.2d 20, 22 (2d Dep't 1997)) (internal quotation omitted).

The Havlish writ has been stayed pending further order of the Court, to permit the government time to prepare a statement of interest pursuant to 28 U.S.C. § 517. ECF No. 7269. Absent extension, the Havlish plaintiffs report that their writ will expire on December 11, 2021. 1 Additionally, the Court granted a motion to extend a comparable writ in Does 1 through 7 v. Taliban, No. 20-mc-00740 (KPF), ECF No. 41, which will not expire until further order of the court. Accordingly, the Havlish plaintiffs' writ is hereby extended and will not expire until further order of the Court.

SO ORDERED. 2


Summaries of

In re Terrorist Attacks on Sept. 11, 2001

United States District Court, S.D. New York
Dec 10, 2021
03-MD-1570 (GBD)(SN) (S.D.N.Y. Dec. 10, 2021)
Case details for

In re Terrorist Attacks on Sept. 11, 2001

Case Details

Full title:In re TERRORIST ATTACKS ON SEPTEMBER 11, 2001

Court:United States District Court, S.D. New York

Date published: Dec 10, 2021

Citations

03-MD-1570 (GBD)(SN) (S.D.N.Y. Dec. 10, 2021)