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This entry was published on 2019-06-28
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Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 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, stating
the earliest date upon which execution may occur pursuant to the order
of the court, and commanding the officer to remove all persons named in
the proceeding, provided upon a showing of good cause, the court may
issue a stay of re-letting or renovation of the premises for a
reasonable period of time.

2. (a) The officer to whom the warrant is directed and delivered shall
give at least fourteen days' notice, 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 on a business day between the hours of sunrise and sunset.

(b) Such officer shall check such property for the presence of a
companion animal prior to executing such warrant and coordinate with
such person or persons to be evicted or dispossessed to provide for the
safe and proper care of such companion animal or animals. If such
persons to be evicted or dispossessed cannot be found after reasonable
efforts are made to coordinate with such persons, or if such person is
found and declines to take possession of such animal or animals, such
officer shall promptly coordinate with the duly incorporated humane
society, duly incorporated society for the prevention of cruelty to
animals or pound maintained by or under contract or agreement with the
municipality in which the animal was found for the safe removal of such
companion animal or animals. Such officer shall make reasonable efforts
to provide notice to the person or persons to be evicted regarding the
location of such companion animal or animals. Disposition of such
companion animal or animals shall be in accordance with the provisions
of sections one hundred seventeen and three hundred seventy-four of the
agriculture and markets law, and all other laws, rules and regulations
that govern the humane treatment of animals. "Companion animal," as used
in this paragraph, shall have the same meaning as provided in
subdivision five of section three hundred fifty of the agriculture and
markets law.

3. Nothing contained herein shall deprive the court of the power to
stay or vacate such warrant for good cause shown prior to the execution
thereof, or to restore the tenant to possession subsequent to execution
of the warrant. In a judgment for non-payment of rent, the court shall
vacate a warrant upon tender or deposit with the court of the full rent
due at any time prior to its execution, unless the petitioner
establishes that the tenant withheld the rent due in bad faith.
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.