N.Y. Military Law § 309: Evictions; restraint

§ 309. Evictions; restraint. 1. No eviction or distress shall be made

during the period of military service in respect of any premises

occupied chiefly for dwelling purposes by a person in military service

or the spouse, children, or other dependents of a person in military

service, except upon leave of court granted upon application therefor or

granted in any action or proceeding affecting the right of possession.

2. On any such application or in any such action the court may, in its

discretion, on its own motion, and shall, on application, unless in the

opinion of the court the ability of the tenant to pay the agreed rent is

not materially affected by reason of military service, stay the

proceedings for not longer than six months, as provided in this article,

or it may make such other order as may be just.

3. Any person who shall knowingly take part in any eviction or

distress otherwise than as provided in subdivision one of this section,

or attempts so to do, shall be guilty of a misdemeanor, and shall be

punishable by imprisonment not to exceed one year or by fine not to

exceed one thousand dollars, or both.