Bill Text: NY S09377 | 2023-2024 | General Assembly | Amended

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Bill Title: Extends certain provisions relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts of the city of New York; requires New York city marshals to post and electronically file notices of eviction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-03 - SUBSTITUTED BY A9166B [S09377 Detail]

Download: New_York-2023-S09377-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9377--A
            Cal. No. 1294

                    IN SENATE

                                      May 14, 2024
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary -- reported
          favorably from said committee, ordered to  first  and  second  report,
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place in the order of third reading

        AN ACT to amend chapter 455 of the laws of 1997, amending the  New  York
          city  civil court act and the civil practice law and rules relating to
          authorizing New York city marshals to  exercise  the  same  functions,
          powers  and  duties as sheriffs with respect to the execution of money
          judgments of the supreme and family courts of the city of New York and
          defining the term "the sheriff" as used therein, in  relation  to  the
          effectiveness  thereof;  and  to  amend  the real property actions and
          proceedings law, in relation to notice of eviction by  New  York  city
          marshals  and  electronic  filing;  and  providing  for  the repeal of
          certain provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 3 of chapter 455 of the laws of 1997, amending the
     2  New York city civil court act and  the  civil  practice  law  and  rules
     3  relating  to  authorizing  New  York  city marshals to exercise the same
     4  functions, powers and duties as sheriffs with respect to  the  execution
     5  of  money  judgments of the supreme and family courts of the city of New
     6  York and defining the term "the sheriff" as used therein, as amended  by
     7  chapter 151 of the laws of 2023, is amended to read as follows:
     8    §  3.  This act shall take effect immediately and shall remain in full
     9  force and effect only until June 30, [2024] 2026  when  upon  such  date
    10  this act shall be deemed repealed.
    11    §  2.  The  real  property  actions  and proceedings law is amended by
    12  adding a new section 749-a to read as follows:
    13    § 749-a. New York city marshals.  A marshal of the city  of  New  York
    14  shall  provide  notice of execution of a warrant of eviction by physical
    15  posting of the notice and by an electronic filing.  For purposes of this
    16  section,  "electronic  filing"  shall  mean  an  electronic  filing   as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15567-05-4
        S. 9377--A                          2

     1  described  in  section  twenty-one  hundred three-a of the New York city
     2  civil court act.
     3    §  3.  This act shall take effect immediately; provided, however, that
     4  section two of this act shall expire and be  deemed  repealed  June  30,
     5  2026.