§ 701 — Direction and execution of mandates

New York § 701

• Jurisdiction: New York
• Law CCA: New York City Civil Court
• Art. 7: Mandates

Text

§ 701. Direction and execution of mandates. (a) In an action or\nproceeding brought in the court, all processes and mandates may be\nserved or executed only within the city of New York unless this act\notherwise provides. They shall be served or executed by the sheriff of\nthe city of New York or by a city marshal. Where this act empowers the\ncourt's process or mandate to be served or executed without the city of\nNew York, it shall be served or executed by such officer as could serve\nor execute the process or mandate of the supreme court of the county in\na like instance.\n (b) The provisions of law applicable in supreme court practice,\nrelating to the execution of mandates by a sheriff and the power and\ncontrol of the court over the sheriff executing the same, shall apply in\nthis court; and they shall apply equally to both sheriffs and marshals.\n (c) In any instance where a return by the enforcement officer is\nrequired by law to be made to the court or the clerk thereof, such\nprovision shall be deemed to refer to this court in that county out of\nwhich the process or mandate issued, or the clerk of this court in such\ncounty, as the case may be.\n (d) In a case where a marshal serves or executes the process or\nmandate of the court, the return or certificate of a marshal and the\nservice of a paper by him shall have the same force and effect as the\nlike return, certificate or service of or by a sheriff.\n (e) Nothing herein contained shall be construed to prevent the service\nof a summons, petition, notice of petition, subpoena or other paper by\nany person who might serve the same in a like instance in the supreme\ncourt.\n