N.Y. Real Property Actions & Proceedings Law § 749: Warrant

§ 749. Warrant. 1. Upon rendering a final judgment for petitioner, the

court shall issue a warrant directed to the sheriff of the county or to

any constable or marshal of the city in which the property, or a portion

thereof, is situated, or, if it is not situated in a city, to any

constable of any town in the county, describing the property, stating

the earliest date upon which execution may occur pursuant to the order

of the court, and commanding the officer to remove all persons named in

the proceeding, provided upon a showing of good cause, the court may

issue a stay of re-letting or renovation of the premises for a

reasonable period of time.

2. (a) The officer to whom the warrant is directed and delivered shall

give at least fourteen days' notice, in writing and in the manner

prescribed in this article for the service of a notice of petition, to

the person or persons to be evicted or dispossessed and shall execute

the warrant on a business day between the hours of sunrise and sunset.

(b) Such officer shall check such property for the presence of a

companion animal prior to executing such warrant and coordinate with

such person or persons to be evicted or dispossessed to provide for the

safe and proper care of such companion animal or animals. If such

persons to be evicted or dispossessed cannot be found after reasonable

efforts are made to coordinate with such persons, or if such person is

found and declines to take possession of such animal or animals, such

officer shall promptly coordinate with the duly incorporated humane

society, duly incorporated society for the prevention of cruelty to

animals or pound maintained by or under contract or agreement with the

municipality in which the animal was found for the safe removal of such

companion animal or animals. Such officer shall make reasonable efforts

to provide notice to the person or persons to be evicted regarding the

location of such companion animal or animals. Disposition of such

companion animal or animals shall be in accordance with the provisions

of sections one hundred seventeen and three hundred seventy-four of the

agriculture and markets law, and all other laws, rules and regulations

that govern the humane treatment of animals. "Companion animal," as used

in this paragraph, shall have the same meaning as provided in

subdivision five of section three hundred fifty of the agriculture and

markets law.

3. Nothing contained herein shall deprive the court of the power to

stay or vacate such warrant for good cause shown prior to the execution

thereof, or to restore the tenant to possession subsequent to execution

of the warrant. In a judgment for non-payment of rent, the court shall

vacate a warrant upon tender or deposit with the court of the full rent

due at any time prior to its execution, unless the petitioner

establishes that the tenant withheld the rent due in bad faith.

Petitioner may recover by action any sum of money which was payable at

the time when the special proceeding was commenced and the reasonable

value of the use and occupation to the time when the warrant was issued,

for any period of time with respect to which the agreement does not make

any provision for payment of rent.