§ 5233 — Sale of personal property

§ 5233. Sale of personal property. (a) Public auction. The interest\nof the judgment debtor in personal property obtained by a sheriff\npursuant to execution or order, other than legal tender of the United\nStates, shall be sold by the sheriff at public auction at such time and\nplace and as a unit or in such lots, or combination thereof, as in his\njudgment will bring the highest price, but no sale may be made to that\nsheriff or to his deputy or undersheriff. The property shall be present\nand within the view of those attending the sale unless otherwise ordered\nby the court.\n (b) Public notice. A printed notice of the time and place of the sale\nshall be posted at least six days before the sale in three public places\nin the town or city in which the sale is to be held, provided however,\nin the city of New York, in lieu of posting such notice may be\nadvertised in the auction columns of any morning newspaper published\ndaily and Sunday in such city an edition of which appears on the\nnewsstands the previous night and has a circulation of not less than\nthree hundred thousand. An omission to so post or advertise notice, or\nthe defacing or removal of a posted notice, does not affect the title of\na purchaser without notice of the omission or offense.\n (c) Order for immediate sale or disposition. The court may direct\nimmediate sale or other disposition of property with or without notice\nif the urgency of the case requires.\n (d) Unsaleable material. If property seized by the sheriff is\nconsidered by him to be material which, by law, may not be sold, he\nshall apply to the court for a determination whether the property can\nlegally be sold. Reasonable notice of such application shall also be\ngiven to the owner of such property. If the court decides the property\nmay not be legally sold, it shall order appropriate disposition of the\nproperty which may include its destruction.\n