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N.Y. CPLR § 8013

N.Y. CPLR § 8013 - Expenses of Sheriffs (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 8013, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8013 Expenses of sheriffs § 8013. Expenses of sheriffs. (a) Publication of notice of sale. Asheriff, where real property is to be sold by virtue of an execution orin pursuance of a direction contained in a judgment, is entitled toreimbursement for printer's fees, paid by him for the publication of anotice of the sale. Where the notice is published more than four times,or the sale is postponed, the expense of continuing the publication, orof publishing the notice of postponement, shall be paid by the personrequesting it. Where two or more executions against the property of onejudgment debtor are in the hands of the sheriff at the time when theproceeds are distributed, the sheriff is entitled to reimbursement forprinter's fees upon only the execution issued upon the judgment firstdocketed in the county.(b) Appraisal of attached property. A sheriff, where an estimate ofthe value of property levied upon by virtue of an order of attachment ismade, shall be entitled to reimbursement for such compensation toappraisers actually employed thereupon as the court which granted theorder of attachment may allow.(c) Other expenses. A sheriff is entitled to reimbursement of allexpenses necessarily incurred in the execution of any mandate and in theprotection, presentation, transportation or sale of property.(d) Payment in advance. A sheriff, whenever he deems it necessary, mayrequire payment to him in advance to cover any or all expenses for whichhe is entitled to reimbursement; advance payments made in connectionwith a mandate or direction affecting property shall be repaid by thesheriff out of the proceeds of the sale of the property, if any.