Extends certain provisions relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts of the city of New York; requires New York city marshals to post and electronically file notices of eviction.
STATE OF NEW YORK
________________________________________________________________________
9166--B
Cal. No. 322
IN ASSEMBLY
February 9, 2024
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Judiciary -- advanced to a third reading, passed by Assembly and
delivered to the Senate, recalled from the Senate, vote reconsidered,
bill amended, ordered reprinted, retaining its place on the order of
third reading -- passed by Assembly and delivered to the Senate,
recalled from the Senate, vote reconsidered, bill amended, ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend chapter 455 of the laws of 1997, amending the New York
city civil court act and the civil practice law and rules relating to
authorizing New York city marshals to exercise the same functions,
powers and duties as sheriffs with respect to the execution of money
judgments of the supreme and family courts of the city of New York and
defining the term "the sheriff" as used therein, in relation to the
effectiveness thereof; and to amend the real property actions and
proceedings law, in relation to notice of eviction by New York city
marshals and electronic filing; and providing for the repeal of
certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of chapter 455 of the laws of 1997, amending the
2 New York city civil court act and the civil practice law and rules
3 relating to authorizing New York city marshals to exercise the same
4 functions, powers and duties as sheriffs with respect to the execution
5 of money judgments of the supreme and family courts of the city of New
6 York and defining the term "the sheriff" as used therein, as amended by
7 chapter 151 of the laws of 2023, is amended to read as follows:
8 § 3. This act shall take effect immediately and shall remain in full
9 force and effect only until June 30, [2024] 2026 when upon such date
10 this act shall be deemed repealed.
11 § 2. The real property actions and proceedings law is amended by
12 adding a new section 749-a to read as follows:
13 § 749-a. New York city marshals. A marshal of the city of New York
14 shall provide notice of execution of a warrant of eviction by physical
15 posting of the notice and by an electronic filing. For purposes of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14499-04-4
A. 9166--B 2
1 section, "electronic filing" shall mean an electronic filing as
2 described in section twenty-one hundred three-a of the New York city
3 civil court act.
4 § 3. This act shall take effect immediately; provided, however, that
5 section two of this act shall expire and be deemed repealed June 30,
6 2026.