N.Y. Civil Practice Law & Rules § 5236: Sale of real property

§ 5236. Sale of real property. (a) Time of sale; public auction.

Between the fifty-sixth and the sixty-third day after the first

publication of a copy of the notice of sale, unless the time is extended

by order or the sale postponed by the sheriff, the interest of the

judgment debtor in real property which has been levied upon under an

execution delivered to the sheriff or which was subject to the lien of

the judgment at the time of such delivery shall be sold by the sheriff

pursuant to the execution at public auction at such time and place

within the county where the real property is situated and as a unit or

in such parcels, 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. If the property is situated in more than one

county, it may be sold in a county in which any part is situated, unless

the court orders otherwise.

(b) Sale of mortgaged property. Real property mortgaged shall not be

sold pursuant to an execution issued upon a judgment recovered for all

or part of the mortgage debt.

(c) Notice of sale. A printed notice of the time and place of the sale

containing a description of the property to be sold shall be posted at

least fifty-six days before the sale in three public places in the town

or city in which the property is located, and, if the sale is to be held

in another town or city, in three public places therein. Service by the

sheriff of a copy of said notice on the judgment debtor shall be made as

provided in section 308. A list containing the name and address of the

judgment debtor and of every judgment creditor whose judgment was a lien

on the real property to be sold and of every person who had of record

any interest in or lien on such property forty-five days prior to the

day fixed for the sale shall be furnished the sheriff by the judgment

creditor, and each person on the list shall be served by the sheriff

with a copy of the notice by personal delivery or by registered or

certified mail, return receipt requested, at least thirty days prior to

the day fixed for the sale. A copy of the notice shall be published at

least once in each of four periods of fourteen successive days, the

first of which periods may be measured from any day between the

fifty-sixth and sixty-third days, preceding the time fixed for the sale

in a newspaper published in the county in which the property is located

or, if there is none, in a newspaper published in an adjoining county.

An omission to give any notice required by this or the following

subdivision, or the defacing or removal of a notice posted pursuant to

either, does not affect the title of a purchaser without notice of the

omission or offense.

(d) Notice of postponement of sale. Any person may, in a writing

served on the sheriff either by personal delivery or by registered or

certified mail, return receipt requested, request that the sheriff

notify him in the event that a scheduled sale is postponed. Such writing

shall contain the person's name and mailing address. If the sale is for

any reason postponed, notice of the postponed date need be given only

to:

1. those whose requests, made as above provided, have been received by

the sheriff at least five days prior to the postponed date,

2. those who appeared at the time and place previously appointed for

the sale, and

3. the judgment debtor at his last known address.

The notice may be served either by personal delivery or by registered or

certified mail, return receipt requested. Unless the court shall

otherwise direct, it need not be posted or published.

(e) Effect of notice as against judgment creditors. A judgment

creditor duly notified pursuant to subdivisions (c) or (d) who fails to

deliver an execution to the sheriff prior to the sale shall have no

further lien on the property and, except as against the judgment debtor,

no further interest in the proceeds of the sale.

(f) Conveyance; proof of notice. Within ten days after the sale, the

sheriff shall execute and deliver to the purchaser proofs of

publication, service and posting of the notice of sale, and a deed which

shall convey the right, title and interest sold. Such proofs may be

filed and recorded in the office of the clerk of the county where the

property is located.

(g) Disposition of proceeds of sale. After deduction for and payment

of fees, expenses and any taxes levied on the sale, transfer or

delivery, the sheriff making a sale of real property pursuant to an

execution shall, unless the court otherwise directs,

1. distribute the proceeds to the judgment creditors who have

delivered executions against the judgment debtor to the sheriff before

the sale, which executions have not been returned, in the order in which

their judgments have priority, and

2. pay over any excess to the judgment debtor.