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This entry was published on 2016-12-09
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SECTION 61
Costs and allowances
Suffolk County Tax Act (SCT) CHAPTER ROOT, ARTICLE 2
§ 61. Costs and allowances. The court may in its discretion designate
the sheriff of Suffolk county as the officer to make the sale of real
property in any action or proceeding brought as herein provided, and the
sheriff shall serve without charge. Unless the judgment otherwise
directs, the officer making the sale must, out of the proceeds, first
pay, as a part of the expenses of the sale, all taxes and assessments
which are liens upon the property sold, and which have become such prior
to or subsequent to the filing of notice of pendency of the action, and
redeem the property sold from any sales for unpaid taxes and
assessments, which were had subsequent to the filing of such notice of
pendency of action. The plaintiff's costs and allowances, exclusive of
disbursements, shall be the same as the costs and allowances now
provided by the civil practice act and rules of procedure in the case of
foreclosure of mortgages on real estate by action, except that there
shall be no allowances by statute or by the court unless the amount
recovered is in excess of five hundred dollars.