N.Y. Uniform Dist. Ct. Act § 2422

Current through 2024 NY Law Chapter 457
Section 2422 - Powers, duties and liabilities of marshals and deputy marshals
1. The marshals shall be the enforcement officers of the court. The authority of a marshal extends throughout the county and all provisions of law relating to the powers, duties and liabilities of sheriffs in like cases and in respect to the taking and restitution of property, shall apply to marshals. Every marshal shall keep a record of his official acts in such manner as shall be prescribed by the appellate division. Such records shall show, in addition to the official acts of the marshal, all fees and sums received by the marshal therefor, the expenses of the marshal in connection with the performance of his official duties and his gross and net income as such marshal. The records of every marshal shall be open to inspection by the appellate division and such officers and employees of the court, or other persons, agencies or officials, as may be designated by the appellate division.
2. A marshal shall be entitled to such fees as may be provided by the uniform district court act. All fees paid on account of services performed by him shall be the property of the county and shall be paid to the court clerk daily and by him paid to the county treasurer as hereinbefore provided in the case of all other county officers.
3. A marshal of the district court shall be a peace officer. All monies other than marshal's fees received by the marshal or by the sheriff in relation to the business of said courts which the county is entitled to receive shall be paid to the county treasurer and a report thereof shall be filed with the clerk of said courts.
4. A marshal of the district court shall serve all criminal process issued out of the court whenever directed by statute, rule or order so to do and whenever he is requested so to do by a judge of the court, and he shall perform such other duties as any judge of the court may require. The marshal shall receive no fees or compensation for the service of any criminal process issued out of the court.
5. A deputy marshal of the district court shall have all the powers of a marshal and be subject to all the duties and liabilities of a marshal and shall give a bond in the same manner as a marshal before entering upon the duties of this office and all the provisions of this act and of the uniform district court act relating to marshals, their powers, duties and liabilities, shall be deemed to apply with the same force and effect to deputy marshals.

N.Y. Uniform District Court § 2422