The court has ruled in my favor. Before a marshal may conduct an eviction, he or she must first request that the court issue a Warrant of Eviction. In New York City, city marshals and deputy sheriffs are the only public officers authorized to request a Warrant of Eviction from the court. New York City Marshals are public officials, appointed by the Mayor, but they are not paid employees of the City of New York. They earn income by performing certain tasks in New York City Civil Court cases, including carrying out evictions.
City marshals charge fees for their services.
In August 1997, the New York State Legislature authorized marshals to also enforce money judgments, but not eviction orders, of the New York State Supreme Court. In New York City, most eviction cases are brought in the Civil Court. The City Sheriff is the enforcement officer of the New York State Supreme Court and is authorized to enforce the judgments, including evictions, of both the Supreme and Civil Courts. The Sheriff and his or her deputies are paid employees of the City of New York. Both city marshals and the City Sheriff are required by law to charge the same fees for their services, although their procedures for collection of fees may differ.