New York Public Lands Law
Sec. § 38-A
Removal of Occupants of Land Resold


When a resale of land is directed, the commissioner of general services shall cause notice to be given to every occupant of such land to remove therefrom, and if he does not comply with such notice, he shall direct the district attorney of the county in which such lands may be situated to commence proceedings for his removal before the county judge of such county. On proof, by the production of a certificate from the commissioner that a resale of such land has been duly ordered for default of payment, such judge shall issue his warrant to the sheriff of the county, commanding him within ten days after the receipt thereof, to remove such occupant from such lands; and the sheriff shall remove such person within such time, and, for that purpose, shall possess the same powers as in the execution of criminal process. The sheriff shall retain such warrant in his hands, and if any person so removed shall return to occupy such lands without the consent of the commissioner, he shall be forthwith removed by the sheriff pursuant to such warrant. The sheriff, for executing a warrant under this section, shall be allowed such compensation, to be paid out of the treasury, as the comptroller shall certify to be reasonable.
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Last accessed
Dec. 13, 2016