§ 8013. Expenses of sheriffs.

279 words·~1 min read·/ny/civil-practice-law-rules/fees/8013

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Publication of notice of sale. A

sheriff, where real property is to be sold by virtue of an execution or

in pursuance of a direction contained in a judgment, is entitled to

reimbursement for printer's fees, paid by him for the publication of a

notice of the sale. Where the notice is published more than four times,

or the sale is postponed, the expense of continuing the publication, or

of publishing the notice of postponement, shall be paid by the person

requesting it. Where two or more executions against the property of one

judgment debtor are in the hands of the sheriff at the time when the

proceeds are distributed, the sheriff is entitled to reimbursement for

printer's fees upon only the execution issued upon the judgment first

docketed in the county.

(b)Appraisal of attached property. A sheriff, where an estimate of

the value of property levied upon by virtue of an order of attachment is

made, shall be entitled to reimbursement for such compensation to

appraisers actually employed thereupon as the court which granted the

order of attachment may allow.

(c)Other expenses. A sheriff is entitled to reimbursement of all

expenses necessarily incurred in the execution of any mandate and in the

protection, presentation, transportation or sale of property.

(d)Payment in advance. A sheriff, whenever he deems it necessary, may

require payment to him in advance to cover any or all expenses for which

he is entitled to reimbursement; advance payments made in connection

with a mandate or direction affecting property shall be repaid by the

sheriff out of the proceeds of the sale of the property, if any.