N.Y. County Law Section 661
When sheriff party to an action or proceeding


In an action or special proceeding to which the sheriff is a party, all mandates shall be directed to the county clerk of the county, who shall execute the same with all the powers and duties of a sheriff including the power to arrest under civil process and to accept undertakings for jail liberties, and shall be subject to the same liability as the sheriff for escape. The place of confinement of such sheriff shall be a house other than the jail or the home of the sheriff situate within the limits of jail liberties, and such house shall be deemed the county jail for all purposes of confinement and liability for escape. Such clerk shall have power to prosecute such undertaking the same as a sheriff and may assign the undertaking to the party at whose instance such sheriff was arrested.


When the sheriff is the plaintiff in an action or special proceeding and another person is arrested under civil process at the instance of the sheriff, the county clerk shall confine such person in the county jail. The county clerk shall be liable in the same manner as the sheriff, except that he shall not be liable while the person is confined in the jail and in the custody of the sheriff.

Source: Section 661 — When sheriff party to an action or proceeding, https://www.­nysenate.­gov/legislation/laws/CNT/661 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 661’s source at nysenate​.gov

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