N.Y. Public Lands Law § 38-a: Removal of occupants of land resold

§ 38-a. Removal of occupants of land resold. When a resale of land is

directed, the commissioner of general services shall cause notice to be

given to every occupant of such land to remove therefrom, and if he does

not comply with such notice, he shall direct the district attorney of

the county in which such lands may be situated to commence proceedings

for his removal before the county judge of such county. On proof, by the

production of a certificate from the commissioner that a resale of such

land has been duly ordered for default of payment, such judge shall

issue his warrant to the sheriff of the county, commanding him within

ten days after the receipt thereof, to remove such occupant from such

lands; and the sheriff shall remove such person within such time, and,

for that purpose, shall possess the same powers as in the execution of

criminal process. The sheriff shall retain such warrant in his hands,

and if any person so removed shall return to occupy such lands without

the consent of the commissioner, he shall be forthwith removed by the

sheriff pursuant to such warrant. The sheriff, for executing a warrant

under this section, shall be allowed such compensation, to be paid out

of the treasury, as the comptroller shall certify to be reasonable.