N.Y. County Law § 661: When sheriff party to an action or proceeding

§ 661. When sheriff party to an action or proceeding. 1. In an action

or special proceeding to which the sheriff is a party, all mandates

shall be directed to the county clerk of the county, who shall execute

the same with all the powers and duties of a sheriff including the power

to arrest under civil process and to accept undertakings for jail

liberties, and shall be subject to the same liability as the sheriff for

escape. The place of confinement of such sheriff shall be a house other

than the jail or the home of the sheriff situate within the limits of

jail liberties, and such house shall be deemed the county jail for all

purposes of confinement and liability for escape. Such clerk shall have

power to prosecute such undertaking the same as a sheriff and may assign

the undertaking to the party at whose instance such sheriff was

arrested.

2. When the sheriff is the plaintiff in an action or special

proceeding and another person is arrested under civil process at the

instance of the sheriff, the county clerk shall confine such person in

the county jail. The county clerk shall be liable in the same manner as

the sheriff, except that he shall not be liable while the person is

confined in the jail and in the custody of the sheriff.