N.Y. Uniform Dist. Ct. Act § 701

Current through 2024 NY Law Chapters 1-59 and 61-121
Section 701 - Direction and execution of mandates
(a) In an action or proceeding brought in the court, all civil processes and mandates, except as otherwise provided in this act, may be served or executed only within the county. They shall be executed by the court's enforcement officer. Where this act empowers the court's process or mandate to be served or executed without the county, it may be served or executed by such officer as could serve or execute the process or mandate of the supreme court of the county in a like instance.
(b) The provisions of law applicable in supreme court practice, relating to the execution of mandates by a sheriff and the power and control of the court over the sheriff executing the same, shall apply to this court's enforcement officers.
(c) In any instance where a return by the enforcement officer is required by law to be made to the court or the clerk thereof, such provision shall be deemed to refer to this court in that district out of which the process or mandate issued, or the clerk of this court in such district, as the case may be; except that where this court has issued its transcript the sheriff shall return executions to the county clerk with whom such transcript is filed.
(d) Nothing herein contained shall be construed to prevent the service of a summons, petition, notice of petition, subpoena or other paper by any person who might serve the same in a like instance in the supreme court.

N.Y. Uniform District Court § 701