Section 7-501
§ 7-501 Bond of sheriff. a. Before entering upon the duties of office,
the sheriff shall give a bond to the city and to whom it may concern in
the sum of three hundred thousand dollars, with not less than three
sufficient sureties, to be approved by the comptroller, conditioned that
the sheriff shall well and faithfully in all things perform and execute
the duties of the office of sheriff during his or her continuance in
such office without fraud, deceit, or oppression, and that the sheriff
shall in like manner well and faithfully account for all moneys received
by him or her or his or her subordinates by virtue of the sheriff's
office. Such bond shall be filed in the office of the comptroller.
b. In case of any official misconduct, default, mistake or omission of
duty on the part of the sheriff, an action upon such bond may be begun
and prosecuted to judgment by the person or corporation injured or
damaged by such official misconduct, default, mistake or omission of
duty.
Section 7-503
§ 7-503 Sheriff; accounting for fees. The sheriff shall be paid a
salary to be fixed by the mayor. All fees shall be the property of the
city. All sums so received, except as otherwise provided by law, shall
be deposited by the commissioner of finance, without deduction, in
accordance with section fifteen hundred twenty-three of the charter.
Section 7-504
§ 7-504 Statement of account to comptroller. a. The sheriff, within
ten days after the expiration of each calendar month, shall transmit to
the comptroller a statement of the sheriff's accounts in such form as
the comptroller shall prescribe.
b. Such statement shall be verified by the oath of the sheriff. The
verification of every account transmitted to the comptroller shall be to
the effect that the same is a true transcript or summary of the accounts
and the books of the office of the sheriff.
c. The comptroller may examine under oath the sheriff or any of the
sheriff's subordinates regarding the amount of moneys paid to and
received by the sheriff and the sheriff's subordinates, in their
official capacity, and regarding any statements contained in the
certified transcript and return. An order for such examination must be
granted by a justice of the supreme court whenever an application shall
be made therefor by such comptroller and such examination shall take
place before such justice.
Section 7-505
§ 7-505 Penalty for failure to account to comptroller. If the sheriff
or any of the sheriff's subordinates shall receive for their own use or
neglect to account for any moneys belonging to the city, or if the
sheriff shall neglect to render to the comptroller an account of the
moneys which he or she has received or is entitled to receive in his or
her official capacity or to pay over the same as herein required, or if
the sheriff or any of the sheriff's subordinates shall make a false
statement in such certified transcript and return or shall swear falsely
upon an examination by the comptroller, the sheriff or any such
subordinate shall be deemed guilty of a misdemeanor and punishable with
a fine of not less than five hundred dollars nor exceeding five thousand
dollars or imprisonment for a period of not less than three months nor
exceeding five years, or both, at the discretion of the court before
whom the sheriff or any such subordinate may be convicted. Such
convicted officer or subordinate shall also forfeit any sum that may be
due him or her on account of salary and shall be liable to the city in a
civil action for all moneys so received and not accounted for and not
paid over into the treasury of the city as required by law.
Section 7-506
§ 7-506 Disposition of moneys collected. All moneys collected by the
sheriff or any of the sheriff's subordinates in any action or proceeding
except fees authorized by law shall be paid to the party or parties to
whom they are directed to be paid. When the sheriff is not so directed
all such monies shall be deposited by the commissioner of finance in the
court and trust fund accounts maintained by the commissioner of finance
in accordance with applicable law. The money so deposited shall be
withdrawn only on an order of the court on notice to the commissioner of
finance and all parties who have appeared in the action or proceeding.
Section 7-507
§ 7-507 Sheriff's books and records. The sheriff shall keep in proper
books or records, in such form as the comptroller shall prescribe, an
exact account of all fees actually received by the sheriff or the
sheriff's subordinates for any service done in their official capacity.
Section 7-508
§ 7-508 Sheriff's sale. a. Auctioneer; fees. 1. Whenever the sheriff
is required by law to sell real or personal property, he or she may, and
if requested in writing by any party or by the attorney of any party to
the action or proceeding in which such sale be made, the sheriff must
cause such sale to be made through an auctioneer. Such auctioneer shall
be selected by the sheriff, except where the attorneys of such of the
parties as have appeared in the action or proceeding in which such sale
is to be made in writing name an auctioneer, subject to the approval of
the sheriff, in which event the sale must be made by the sheriff through
such autioneer. In the event of disapproval by the sheriff, the sale
must be made by an auctioneer selected by the sheriff.
2. Such sheriff is authorized and directed to withhold from the
proceeds of the sale a sum which would be sufficient to compensate the
auctioneer for services rendered in conducting such sale, together with
all necessary disbursements of such auctioneer as may be approved by the
sheriff or by the attorneys for the parties to such action or
proceeding, and to pay over such sum to such auctioneer. In no case
shall such auctioneer's fee exceed the customary market rate of
auctioneers' fees for similar services.
3. If the sheriff or any of the parties shall object to the fees and
disbursements claimed by the auctioneer, such fees and disbursements
shall be taxed by the court upon the application of the sheriff or of
the auctioneer or of any of the parties who have appeared in the action
or proceeding on two days' notice by the party desiring such taxation to
be given to all of the other parties last mentioned.
b. Advertisement; cost. The sheriff shall himself or herself, or
through the auctioneer designated to conduct the sale, cause to be
advertised every sale of personal property to be made under any process
or mandate of the court in not exceeding two daily newspapers, except in
the sale of perishable property, in which case the court, upon
application of the sheriff, may direct the sale thereof at such a time
and upon such a notice as it deems proper. Such advertisement shall be
made for such a time as the sheriff shall deem sufficient and ample to
give proper notice to the public of the sale for the purpose of
realizing the highest price for the property to be sold. Such
advertisements shall be printed in a daily newspaper or daily newspapers
published in the city in addition to the public posting of notice of
such sale now required by law. The sheriff shall retain the cost of such
advertising from the proceeds of the sale and shall pay the newspaper or
newspapers in which such advertisement shall be printed.
c. Deductions for expenses; record. 1. The sheriff shall also deduct
from the proceeds of the sale the amounts paid by the sheriff or to be
paid for cartage and for the transportation of the goods, as well as
such sums paid to keepers or custodians or for storage of the property
as hereinafter provided, together with the sums paid by the sheriff for
insurance or expended necessarily in the protection and preservation of
the property.
2. It shall be the duty of the sheriff after having paid over the
proceeds of the sale to the parties in interest, less the amounts by
this section authorized to be deducted from such proceeds, to enter in a
proper book or record, to be kept for that purpose, under the title of
the action in which such sale is made, the time and place of such sale,
the name of the auctioneer who effected such sale and an itemized
statement of the amount for which such goods are sold, the amount
received therefor and the disbursements made by such sheriff under the
authority of this section.
3. The sheriff shall keep vouchers or receipts for such payments
regularly filed under the title of the action under which such sale has
been effected at all times on file in the sheriff's office. The same
shall at all times during office hours be open to inspection as public
records.
d. Whenever the sheriff deems it necessary, may require that the party
directing the sale advance any or all of the costs and disbursements
provided for in this section, in which event the sheriff shall repay the
same out of the proceeds, if any, of the sale.
Section 7-509
§ 7-509 Storage of property; payment. The sheriff is authorized to
store any goods or property for the safe keeping of which the sheriff
may at any time be responsible, or to designate proper and competent
persons to act as keepers or custodians of such goods or property, and
to fix the salary of such keepers subject to review by a justice of the
supreme court.
Section 7-510
§ 7-510 Inquiry for enforcement of judgments owed to the city. The
sheriff shall be empowered to make an inquiry to determine whether a
judgment debtor of the city has sufficient assets and property,
including any debts owed to a judgment debtor, to pay the judgment. In
connection with such an inquiry, the sheriff is authorized to issue
subpoenas to compel the attendance of witnesses and the production of
documents, to administer oaths and to examine such persons as he or she
may deem necessary.
Section 7-514
§ 7-514 Fees defined. The term "fees", as used in this chapter, shall
include all percentages, commissions, compensations, poundages,
perquisites, and emoluments of any nature which the sheriff or any of
the sheriff's subordinates may receive by virtue of their office.
Section 7-515
§ 7-515 Additional hours. a. The sheriff's subordinates or employees
may be ordered to serve during any additional hours as the proper
performance of the duties of the office requires.
b. Whenever the last day on which any paper is required to be filed or
delivered or any act is required to be done or performed in such office
expires on Saturday, Sunday or a public holiday, the time therefor is
hereby extended to and including the next business day.
Section 7-516
§ 7-516 Construction clause. Any law, rule, regulation, contract or
other document which refers or is applicable to the sheriff of any of
the counties in the city shall refer to the office of the city sheriff
in such county, except that any provision, in any law, rule, regulation,
contract or other document relating to the custody and transportation of
prisoners held for any cause in criminal proceedings in any county
within the city, heretofore applicable to any sheriff of any of the
counties within the city, shall apply to the department of correction.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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