2006 New York Code - Sheriff\'s Sale.

 
    §  7-508  Sheriff's sale. a. Auctioneer; fees. 1. Whenever the sheriff
  is required by law to sell real or personal property, he or she may, and
  if requested in writing by any party or by the attorney of any party  to
  the  action  or  proceeding in which such sale be made, the sheriff must
  cause such sale to be made through an auctioneer. Such auctioneer  shall
  be  selected  by  the sheriff, except where the attorneys of such of the
  parties as have appeared in the action or proceeding in which such  sale
  is  to be made in writing name an auctioneer, subject to the approval of
  the sheriff, in which event the sale must be made by the sheriff through
  such autioneer. In the event of disapproval by  the  sheriff,  the  sale
  must be made by an auctioneer selected by the sheriff.
    2.  Such  sheriff  is  authorized  and  directed  to withhold from the
  proceeds of the sale a sum which would be sufficient to  compensate  the
  auctioneer  for services rendered in conducting such sale, together with
  all necessary disbursements of such auctioneer as may be approved by the
  sheriff  or  by  the  attorneys  for  the  parties  to  such  action  or
  proceeding,  and  to  pay  over  such sum to such auctioneer. In no case
  shall  such  auctioneer's  fee  exceed  the  customary  market  rate  of
  auctioneers' fees for similar services.
    3.  If  the sheriff or any of the parties shall object to the fees and
  disbursements claimed by the auctioneer,  such  fees  and  disbursements
  shall  be  taxed  by the court upon the application of the sheriff or of
  the auctioneer or of any of the parties who have appeared in the  action
  or proceeding on two days' notice by the party desiring such taxation to
  be given to all of the other parties last mentioned.
    b.  Advertisement;  cost.  The  sheriff  shall  himself or herself, or
  through the auctioneer designated to  conduct  the  sale,  cause  to  be
  advertised  every sale of personal property to be made under any process
  or mandate of the court in not exceeding two daily newspapers, except in
  the  sale  of  perishable  property,  in  which  case  the  court,  upon
  application  of  the sheriff, may direct the sale thereof at such a time
  and upon such a notice as it deems proper. Such advertisement  shall  be
  made  for  such a time as the sheriff shall deem sufficient and ample to
  give proper notice to  the  public  of  the  sale  for  the  purpose  of
  realizing   the  highest  price  for  the  property  to  be  sold.  Such
  advertisements shall be printed in a daily newspaper or daily newspapers
  published in the city in addition to the public  posting  of  notice  of
  such sale now required by law. The sheriff shall retain the cost of such
  advertising from the proceeds of the sale and shall pay the newspaper or
  newspapers in which such advertisement shall be printed.
    c.  Deductions  for expenses; record. 1. The sheriff shall also deduct
  from the proceeds of the sale the amounts paid by the sheriff or  to  be
  paid  for  cartage  and  for the transportation of the goods, as well as
  such sums paid to keepers or custodians or for storage of  the  property
  as  hereinafter provided, together with the sums paid by the sheriff for
  insurance or expended necessarily in the protection and preservation  of
  the property.
    2.  It  shall  be  the  duty of the sheriff after having paid over the
  proceeds of the sale to the parties in interest,  less  the  amounts  by
  this section authorized to be deducted from such proceeds, to enter in a
  proper  book  or record, to be kept for that purpose, under the title of
  the action in which such sale is made, the time and place of such  sale,
  the  name  of  the  auctioneer  who  effected  such sale and an itemized
  statement of the amount for  which  such  goods  are  sold,  the  amount
  received  therefor  and the disbursements made by such sheriff under the
  authority of this section.
    3. The sheriff shall keep  vouchers  or  receipts  for  such  payments
  regularly  filed under the title of the action under which such sale has


  been effected at all times on file in the  sheriff's  office.  The  same
  shall  at  all times during office hours be open to inspection as public
  records.
    d. Whenever the sheriff deems it necessary, may require that the party
  directing  the  sale  advance  any or all of the costs and disbursements
  provided for in this section, in which event the sheriff shall repay the
  same out of the proceeds, if any, of the sale.