NY Real Prop Actions L § 749 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 7 - Summary Proceeding to Recover Possession of Real Property 749 - Warrant.

§ 749. Warrant. 1. Upon rendering a final judgment for petitioner, the court  shall issue a warrant directed to the sheriff of the county or to any constable or marshal of the city in which the property, or a portion thereof, is situated, or, if it is  not  situated  in  a  city,  to  any constable  of  any  town in the county, describing the property, stating the earliest date upon which execution may occur pursuant to  the  order of  the court, and commanding the officer to remove all persons named in the proceeding, provided upon a showing of good  cause,  the  court  may issue  a  stay  of  re-letting  or  renovation  of  the  premises  for a reasonable period of time.   2. (a) The officer to whom the warrant is directed and delivered shall give at least fourteen days'  notice,  in  writing  and  in  the  manner prescribed  in  this article for the service of a notice of petition, to the person or persons to be evicted or dispossessed  and  shall  execute the warrant on a business day between the hours of sunrise and sunset.  (b)  Such  officer  shall  check  such  property for the presence of a companion animal prior to executing such  warrant  and  coordinate  with such  person or persons to be evicted or dispossessed to provide for the safe and proper care of  such  companion  animal  or  animals.  If  such persons  to  be evicted or dispossessed cannot be found after reasonable efforts are made to coordinate with such persons, or if such  person  is found  and  declines  to take possession of such animal or animals, such officer shall promptly coordinate  with  the  duly  incorporated  humane society,  duly  incorporated  society  for  the prevention of cruelty to animals or pound maintained by or under contract or agreement  with  the municipality  in which the animal was found for the safe removal of such companion animal or animals. Such officer shall make reasonable  efforts to  provide  notice to the person or persons to be evicted regarding the location of such  companion  animal  or  animals.  Disposition  of  such companion  animal  or animals shall be in accordance with the provisions of sections one hundred seventeen and three hundred seventy-four of  the agriculture  and  markets law, and all other laws, rules and regulations that govern the humane treatment of animals. "Companion animal," as used in  this  paragraph,  shall  have  the  same  meaning  as  provided   in subdivision  five  of section three hundred fifty of the agriculture and markets law.   3. Nothing contained herein shall deprive the court of  the  power  to stay  or vacate such warrant for good cause shown prior to the execution thereof, or to restore the tenant to possession subsequent to  execution of  the  warrant. In a judgment for non-payment of rent, the court shall vacate a warrant upon tender or deposit with the court of the full  rent due   at  any  time  prior  to  its  execution,  unless  the  petitioner establishes that  the  tenant  withheld  the  rent  due  in  bad  faith. Petitioner  may  recover by action any sum of money which was payable at the time when the special proceeding was commenced  and  the  reasonable value of the use and occupation to the time when the warrant was issued, for any period of time with respect to which the agreement does not make any provision for payment of rent.