§ 701 — Direction and execution of mandates

New York § 701

• Jurisdiction: New York
• Law UDC: Uniform District Court Act
• Art. 7: Mandates

Text

§ 701. Direction and execution of mandates.\n (a) In an action or proceeding brought in the court, all civil\nprocesses and mandates, except as otherwise provided in this act, may be\nserved or executed only within the county. They shall be executed by the\ncourt's enforcement officer. Where this act empowers the court's process\nor mandate to be served or executed without the county, it may be served\nor executed by such officer as could serve or execute the process or\nmandate of the supreme court of the county in a 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 to\nthis court's enforcement officers.\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 district out of\nwhich the process or mandate issued, or the clerk of this court in such\ndistrict, as the case may be; except that where this court has issued\nits transcript the sheriff shall return executions to the county clerk\nwith whom such transcript is filed.\n (d) 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