N.Y. Civil Practice Law & Rules § 5233: Sale of personal property

§ 5233. Sale of personal property. (a) Public auction. The interest

of the judgment debtor in personal property obtained by a sheriff

pursuant to execution or order, other than legal tender of the United

States, shall be sold by the sheriff at public auction at such time and

place and as a unit or in such lots, or combination thereof, as in his

judgment will bring the highest price, but no sale may be made to that

sheriff or to his deputy or undersheriff. The property shall be present

and within the view of those attending the sale unless otherwise ordered

by the court.

(b) Public notice. A printed notice of the time and place of the sale

shall be posted at least six days before the sale in three public places

in the town or city in which the sale is to be held, provided however,

in the city of New York, in lieu of posting such notice may be

advertised in the auction columns of any morning newspaper published

daily and Sunday in such city an edition of which appears on the

newsstands the previous night and has a circulation of not less than

three hundred thousand. An omission to so post or advertise notice, or

the defacing or removal of a posted notice, does not affect the title of

a purchaser without notice of the omission or offense.

(c) Order for immediate sale or disposition. The court may direct

immediate sale or other disposition of property with or without notice

if the urgency of the case requires.

(d) Unsaleable material. If property seized by the sheriff is

considered by him to be material which, by law, may not be sold, he

shall apply to the court for a determination whether the property can

legally be sold. Reasonable notice of such application shall also be

given to the owner of such property. If the court decides the property

may not be legally sold, it shall order appropriate disposition of the

property which may include its destruction.