2023 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.