Bierre v. Darvas

The principal issue presented on this appeal relates to the new provisions in article 61 of the CPLR mandating a hearing in connection with the granting of an order of arrest. CPLR 6111 requires that the order of arrest shall -contain a provision directing the Sheriff to bring the person arrested before the court for a hearing ‘ within a time specified in the order, not exceeding forty-eight hours * * * from the time of the arrest.” CPLR 6113 (subd. [a]) sets forth additional procedural steps to be taken prior to the hearing and subdivision (b) places the burden on the plaintiff of…