Legislation
SECTION 701
Direction and execution of mandates
Uniform City Court Act (UCT) CHAPTER 497, ARTICLE 7
§ 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 within such area as is within his
territorial jurisdiction as elsewhere provided by law. Where this act
empowers the court's process or mandate to be served or executed without
the county, or where it is to be served or executed within the county
but at such place therein as is beyond the territorial jurisdiction of
the court's enforcement officer, the process or mandate 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, or the clerk of this
court, 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.
(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 within such area as is within his
territorial jurisdiction as elsewhere provided by law. Where this act
empowers the court's process or mandate to be served or executed without
the county, or where it is to be served or executed within the county
but at such place therein as is beyond the territorial jurisdiction of
the court's enforcement officer, the process or mandate 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, or the clerk of this
court, 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.