Bill Text: NY A09166 | 2023-2024 | General Assembly | Amended

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Bill Title: Extends certain provisons 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-28 - vote reconsidered - restored to third reading [A09166 Detail]

Download: New_York-2023-A09166-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9166--A
                                                                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

        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

          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 662 to read as follows:
    13    § 662. New York city marshals. In the event the authority of a marshal
    14  is  extended  throughout the city of New York with respect to the taking
    15  and restitution of property, a marshal  shall  provide  notice  of  such
    16  eviction  by physical posting of the notice and by an electronic filing.
    17  For purposes of this section, "electronic filing" shall  mean  an  elec-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14499-02-4
        A. 9166--A                          2

     1  tronic  filing as described in section twenty-one hundred three-a of the
     2  New York city civil court act.
     3    § 3. The opening paragraph of subdivision 1 of section 735 of the real
     4  property  actions  and proceedings law, as amended by chapter 370 of the
     5  laws of 1980, is amended to read as follows:
     6    Service of the notice of petition and  petition  shall  be   made   by
     7  personally  delivering  them  to  the  respondent;  or  by delivering to
     8  and leaving personally with a person of suitable age and discretion  who
     9  resides    or is employed at the property sought to be recovered, a copy
    10  of the notice of  petition and petition, if upon reasonable  application
    11  admittance can be obtained and such person found who will receive it; or
    12  if   admittance cannot  be  obtained  and  such  person found, by affix-
    13  ing a copy of the notice and petition upon a  conspicuous  part  of  the
    14  property  sought  to  be  recovered or placing a copy under the entrance
    15  door  of  such  premises; and  in  addition, within one day  after  such
    16  delivering  to such suitable person or such affixing or placement, by an
    17  electronic filing as described in section twenty-one hundred  eleven  of
    18  the  civil practice law and rules and by mailing to the respondent  both
    19  by registered or certified mail and by regular first class mail,
    20    § 4. This act shall take effect immediately.