2006 New York Code - Direction And Execution Of Mandates.



 
    §  701.  Direction  and  execution  of  mandates.  (a) In an action or
  proceeding brought in the court,  all  processes  and  mandates  may  be
  served  or  executed  only  within  the city of New York unless this act
  otherwise provides. They shall be served or executed by the  sheriff  of
  the  city  of New York or by a city marshal. Where this act empowers the
  court's process or mandate to be served or executed without the city  of
  New  York, it shall be served or executed by such officer as could serve
  or execute the process or mandate of the supreme court of the county  in
  a like instance.
    (b)  The  provisions  of  law  applicable  in  supreme court practice,
  relating to the execution of mandates by a sheriff  and  the  power  and
  control of the court over the sheriff executing the same, shall apply in
  this court; and they shall apply equally to both sheriffs and marshals.
    (c)  In  any  instance  where  a  return by the enforcement officer is
  required by law to be made to the  court  or  the  clerk  thereof,  such
  provision  shall  be deemed to refer to this court in that county out of
  which the process or mandate issued, or the clerk of this court in  such
  county, as the case may be.
    (d)  In  a  case  where  a  marshal  serves or executes the process or
  mandate of the court, the return or certificate of  a  marshal  and  the
  service  of  a  paper by him shall have the same force and effect as the
  like return, certificate or service of or by a sheriff.
    (e) Nothing herein contained shall be construed to prevent the service
  of a summons, petition, notice of petition, subpoena or other  paper  by
  any  person  who  might serve the same in a like instance in the supreme
  court.

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