2012 New York Consolidated Laws
RPA - Real Property Actions & Proceedings
Article 7 - (701 - 767) SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY
749 - Warrant.

 
    § 749. Warrant. 1. Upon rendering a final judgment for petitioner, the
  court  shall issue a warrant directed to the sheriff of the county or to
  any constable or marshal of the city in which the property, or a portion
  thereof, is situated, or, if it is  not  situated  in  a  city,  to  any
  constable  of  any  town  in  the  county,  describing the property, and
  commanding the officer to remove all persons, and, except where the case
  is within section 715, to put the petitioner into full possession.
    2. The officer to whom the warrant is  directed  and  delivered  shall
  give  at  least  seventy-two  hours  notice,  excluding any period which
  occurs on a Saturday, Sunday or a public holiday, in writing and in  the
  manner  prescribed  in  this  article  for  the  service  of a notice of
  petition, to the person or persons to be  evicted  or  dispossessed  and
  shall execute the warrant between the hours of sunrise and sunset.
    3.  The  issuing  of a warrant for the removal of a tenant cancels the
  agreement under which the person removed held the premises,  and  annuls
  the  relation of landlord and tenant, but nothing contained herein shall
  deprive the court of the power to vacate such  warrant  for  good  cause
  shown  prior  to the execution thereof. Petitioner may recover by action
  any sum of money  which  was  payable  at  the  time  when  the  special
  proceeding  was  commenced  and  the  reasonable  value  of  the use and
  occupation to the time when the warrant was issued, for  any  period  of
  time with respect to which the agreement does not make any provision for
  payment of rent.