Authorizes enforcement officers of city courts in the county of Erie, to exercise the same powers and duties as sheriffs with respect to the execution of money judgments

BILL NUMBER:S3704

Title of bill

An act to amend the uniform city court act and the civil practice law and rules, in relation to authorizing enforcement officers of city courts in the county of Erie, designated in lieu of the sheriff, to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts

Purpose

Grants enforcement officers of a city court, in Erie county, designed in lieu of sheriff, same powers to execute money judgments as sheriffs have.

Summary of specific provisions

Section 1 - amends subdivision (b) of section 105 of the uniform city court act, as amended by chapter 397 of the laws of 1998, to grant enforcement officers of family and city courts in Erie county the same powers as sheriffs currently hold, with respect to the execution of money judgments.

Section 2 - amends subdivision (s-1) of section 105 of the civil prac- tice law and rules, as amended by chapter 80 of the laws of 1998, prohibits enforcement officers of a city court, designated in lieu of the sheriff, from having the powers of arrest.

Section 3 - Effective date.

Justification

The proposed amendment to the CPLR and the UCCA would clarify existing laws, in regards to the jurisdiction of the city court marshals. This would enable the marshals in Erie county to handle all executions of their completion and ensure that the public would not have to incur additional expenses.

Prior legislative history

Veto #13 of 2001 S. 6161 of 2011/2012 referred to Judiciary

Fiscal implications

None.

Effective date

This bill shall take effect immediately.