General powers, duties and liabilities of marshals; small claims judgments

§ 1609. General powers, duties and liabilities of marshals; small claims judgments. * 1. a. The authority of a marshal extends throughout the city of New York and all provisions of law relating to the powers, duties and liabilities of sheriffs in like cases and in respect to the taking and restitution of property, shall apply to marshals. Every marshal shall keep a record of his or her official acts in such manner as shall be prescribed by the appellate division. Such records shall show, in addition to the official acts of the marshal, all fees and sums received by the marshal therefor, the expenses of the marshal in connection with the performance of his or her official duties and his gross and net income as such marshal. The records of every marshal shall be open to inspection by the appellate division and such officers or employees of the court, or other persons, agencies or officials, as may be designated by the appellate division. b. Notwithstanding any inconsistent provision of this act or of any other general, special or local law, code, charter, or ordinance, all provisions of law relating to the powers, duties and liabilities of the city sheriff in like cases in respect to the enforcement within the city of money judgments rendered by any family court or money judgments entered in any supreme court or docketed with the clerk of any county, shall apply to marshals, except that city marshals shall have no power to levy upon or sell real property and city marshals shall have no power of arrest. * NB Effective until June 30, 2028 * 1. The authority of a marshal extends throughout the city of New York and all provisions of law relating to the powers, duties and liabilities of sheriffs in like cases and in respect to the taking and restitution of property, shall apply to marshals. Every marshal shall keep a record of his or her official acts in such manner as shall be prescribed by the appellate division. Such records shall show, in addition to the official acts of the marshal, all fees and sums received by the marshal therefor, the expenses of the marshal in connection with the performance of his or her official duties and his gross and net income as such marshal. The records of every marshal shall be open to inspection by the appellate division and such officers or employees of the court, or other persons, agencies or officials, as may be designated by the appellate division. * NB Effective June 30, 2028 2. The appellate division shall promulgate rules and regulations concerning performance of official duties of marshals. 3. a. The appellate division shall promulgate rules and regulations providing for the assignment of specified marshals on a rotating basis during fixed time periods, to the task of executing and enforcing small claims judgments within the city of New York whenever executions of such judgments are delivered to such marshals in accordance with law. Such rules and regulations shall include provisions requiring such marshals to submit quarterly reports to an agency designated by the appellate division, reporting each such judgment collected and each unsuccessful attempt at collection and the reason or reasons for any lack of success at collection. b. The clerk of the small claims part in each county shall freely distribute to litigants copies of a list of the names, office addresses and phone numbers and dates and counties of assignment of all marshals currently assigned within the city of New York pursuant to this subdivision. He shall also provide to litigants a list, in a form approved by the appellate division, containing information which a judgment creditor should provide to a marshal to assist him or her in the execution or enforcement of a judgment.