§ 1609. General powers, duties and liabilities of marshals; small
claims judgments. * 1. a. The authority of a marshal extends throughout
the city of New York and all provisions of law relating to the powers,
duties and liabilities of sheriffs in like cases and in respect to the
taking and restitution of property, shall apply to marshals. Every
marshal shall keep a record of his or her official acts in such manner
as shall be prescribed by the appellate division. Such records shall
show, in addition to the official acts of the marshal, all fees and sums
received by the marshal therefor, the expenses of the marshal in
connection with the performance of his or her official duties and his
gross and net income as such marshal. The records of every marshal shall
be open to inspection by the appellate division and such officers or
employees of the court, or other persons, agencies or officials, as may
be designated by the appellate division.

b. Notwithstanding any inconsistent provision of this act or of any
other general, special or local law, code, charter, or ordinance, all
provisions of law relating to the powers, duties and liabilities of the
city sheriff in like cases in respect to the enforcement within the city
of money judgments rendered by any family court or money judgments
entered in any supreme court or docketed with the clerk of any county,
shall apply to marshals, except that city marshals shall have no power
to levy upon or sell real property and city marshals shall have no power
of arrest.

* NB Effective until June 30, 2024

* 1. The authority of a marshal extends throughout the city of New
York and all provisions of law relating to the powers, duties and
liabilities of sheriffs in like cases and in respect to the taking and
restitution of property, shall apply to marshals. Every marshal shall
keep a record of his or her official acts in such manner as shall be
prescribed by the appellate division. Such records shall show, in
addition to the official acts of the marshal, all fees and sums received
by the marshal therefor, the expenses of the marshal in connection with
the performance of his or her official duties and his gross and net
income as such marshal. The records of every marshal shall be open to
inspection by the appellate division and such officers or employees of
the court, or other persons, agencies or officials, as may be designated
by the appellate division.

* NB Effective June 30, 2024

2. The appellate division shall promulgate rules and regulations
concerning performance of official duties of marshals.

3. a. The appellate division shall promulgate rules and regulations
providing for the assignment of specified marshals on a rotating basis
during fixed time periods, to the task of executing and enforcing small
claims judgments within the city of New York whenever executions of such
judgments are delivered to such marshals in accordance with law. Such
rules and regulations shall include provisions requiring such marshals
to submit quarterly reports to an agency designated by the appellate
division, reporting each such judgment collected and each unsuccessful
attempt at collection and the reason or reasons for any lack of success
at collection.

b. The clerk of the small claims part in each county shall freely
distribute to litigants copies of a list of the names, office addresses
and phone numbers and dates and counties of assignment of all marshals
currently assigned within the city of New York pursuant to this
subdivision. He shall also provide to litigants a list, in a form
approved by the appellate division, containing information which a
judgment creditor should provide to a marshal to assist him or her in
the execution or enforcement of a judgment.