Matter of New York State Off. of Victim Servs. v. Marshall

Summary

The Appellate Division, Third Department, affirmed a preliminary injunction restraining Anthony Marshall from transferring, encumbering, or disposing of nonexempt proceeds from a $390,000 settlement. The court held that the victim-services agency demonstrated a likelihood of success, irreparable harm, and a favorable balance of equities under New York's Son of Sam Law, Executive Law § 632-a.

Holdings

1. The Office of Victim Services established a probability of success on the merits, irreparable harm absent an injunction, and a balance of equities favoring preservation of the nonexempt settlement funds; therefore, Supreme Court did not abuse its discretion in issuing the preliminary injunction.
2. The appellate court found no abuse of discretion as a matter of law in Supreme Court's issuance of the injunction and affirmed the order.

Questions Presented

1. Whether the Office of Victim Services established the requirements for a preliminary injunction under Executive Law § 632-a and CPLR 6301.
2. Whether the statute requires a judicial assessment of the likelihood that the victim will actually commence a civil action before funds may be preserved.
3. Whether the evidence established irreparable harm and a balance of equities favoring restraint of the nonexempt settlement proceeds.

Disposition

affirmed