N.Y. CPLR § 5233

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5233 Sale of personal property § 5233. Sale of personal property. (a) Public auction. The interestof the judgment debtor in personal property obtained by a sheriffpursuant to execution or order, other than legal tender of the UnitedStates, shall be sold by the sheriff at public auction at such time andplace and as a unit or in such lots, or combination thereof, as in hisjudgment will bring the highest price, but no sale may be made to thatsheriff or to his deputy or undersheriff. The property shall be presentand within the view of those attending the sale unless otherwise orderedby the court.(b) Public notice. A printed notice of the time and place of the saleshall be posted at least six days before the sale in three public placesin the town or city in which the sale is to be held, provided however,in the city of New York, in lieu of posting such notice may beadvertised in the auction columns of any morning newspaper publisheddaily and Sunday in such city an edition of which appears on thenewsstands the previous night and has a circulation of not less thanthree hundred thousand. An omission to so post or advertise notice, orthe defacing or removal of a posted notice, does not affect the title ofa purchaser without notice of the omission or offense.(c) Order for immediate sale or disposition. The court may directimmediate sale or other disposition of property with or without noticeif the urgency of the case requires.(d) Unsaleable material. If property seized by the sheriff isconsidered by him to be material which, by law, may not be sold, heshall apply to the court for a determination whether the property canlegally be sold. Reasonable notice of such application shall also begiven to the owner of such property. If the court decides the propertymay not be leg determination whether the property canlegally be sold. Reasonable notice of such application shall also begiven to the owner of such property. If the court decides the propertymay not be legally sold, it shall order appropriate disposition of theproperty which may include its destruction.