N.Y. Uniform Justice Court Law § 110

Current through 2024 NY Law Chapter 457
Section 110 - Enforcement officers

Unless the rules shall otherwise provide, and subject to such variations as they may provide, the enforcement officers of the court shall be, and shall have such powers and duties as are provided in this section and § 701 of this act. Each of such officers shall keep a record of official acts performed by him upon or in connection with the court's process or mandate. The rules may prescribe the manner in which such record shall be maintained.

(a) Civil matters. In civil matters, in addition to such other persons as are designated by the municipal board to be enforcement officers, the enforcement officers shall be, in the case of:
1. a town court, the constables of the town and the sheriff of the county;
2. a village court, the police officers, marshals and constables of the village and the sheriff of the county;
3. a court established in and for a city and governed by this act, the sheriff of the county.

The enforcement officers shall perform the same duties as are performed by sheriffs in courts of record and shall have, within their territorial jurisdiction and subject to any limitations imposed by law or by the rules, such power to serve and execute the processes and mandates of the court as a sheriff has with regard to the processes and mandates of the supreme court.

(b) Criminal matters. In criminal matters any peace officer, acting pursuant to his special duties, or police officer to whom the process or mandate of the court is delivered within the county or any adjoining county shall be the enforcement officer of the court. Each such officer shall have, within his territorial jurisdiction, the powers and duties of a constable of a town in criminal matters. No such officer shall receive any fee for the service or execution of any criminal process or mandate issued out of the court.

N.Y. Uniform Justice Court Law § 110

Amended by New York Laws 2018, ch. 476,Sec. 255, eff. 12/28/2018.