Constitution Rights Org Edu

Agencies are given the authority to create administrative law through laws enacted by Congress.

The law comes in the form of rules, regulations, procedures, orders, and decisions. In creating these "laws," the agency acts as quasi-judicial, quasi-legislative entity.

What can an administrative agency not do?

An agency's enforcement authority is limited to the powers granted to it by statute.

Agencies cannot pursue matters that are outside the scope of the statute in an administrative proceeding, nor can they impose new procedures or penalties that the statute does not provide.

....

...

Supreme Court casts doubt on agency enforcement actions without juries


Conservative justices, in a securities fraud enforcement case, sound skeptical that defendants shouldn't have a right to be judged by peers

 November 29, 2023 at 2:29pm

The Supreme Court appeared ready Wednesday to disrupt the process that federal agencies use to police federal law violations, in a case that challenges enforcement actions at the Securities and Exchange Commission.

Conservative justices expressed skepticism during oral arguments about the constitutionality of the current process at the SEC, where administrative law judges adjudicate violations and the defendants can't get a trial by jury.

But several members of the court questioned how they could agree on a new set of rules for systems that Congress created decades ago, which cover agencies across the federal government that enforce laws such as securities fraud, environmental pollution and immigration.

Justice Amy Coney Barrett and other Republican appointees, who hold a 6-3 majority, pushed the Biden administration to defend the distinction in federal law that allows agencies to bring enforcement actions either in internal agency proceedings or federal courts when defendants only have the right to a trial by jury in the latter.

"So it seems to me if you have an entitlement to a jury if you're in federal court, I don't understand then how you not have that right, how it can go to an agency," Barrett said.

Brian H. Fletcher, arguing for the Biden administration, said the SEC process did not violate the Constitution because it dealt with a public interest, policing fraud in the securities markets, rather than a private right the jury trial was meant to protect.


Fletcher argued that the court decided decades ago that Congress could create "public rights" such as a fraud-free securities market or safe workplaces, and then set up administrative courts to defend those rights without the requirement of a jury trial.

"Securities laws serve different purposes from common law of fraud," Fletcher said.

Justice Neil M. Gorsuch questioned whether the current process violated the Constitution by slapping a different name on a fraud or other violation to dodge defendants' right to a jury trial.

"We don't usually say the government can avoid a constitutional mandate merely by relabeling or moving things around," Gorsuch said.

The back-and-forth over the jury trial right formed much of the oral arguments that stretched more than two hours. A decision, expected by the conclusion of the term at the end of June, could determine the future of federal civil law enforcement in numerous agencies, including

the Environmental Protection Agency,
Consumer Financial Protection Bureau and
U.S. Postal Service, the Biden administration said in court papers.

The case comes from a challenge to an SEC administrative prosecution of George Jarkesy for securities fraud, which would have resulted in $300,000 in fines and $685,000 in disgorgement. Jarkesy challenged the constitutionality of the agency's administrative judge process, and a panel of the U.S. Court of Appeals for the 5th Circuit agreed in a decision issued last year.

Judge Jennifer Walker Elrod wrote for the 5th Circuit panel that the SEC's process deprived Jarkesy of his right to a jury trial and that Congress violated the Constitution by delegating enforcement decisions and placing too many protections on the removal of administrative judges.

Fletcher told the justices Wednesday that upholding the 5th Circuit decision would take a "blunderbuss" to federal agencies' enforcement options and cause disruption across numerous federal agencies. He said the law currently does not allow numerous agencies to bring their administrative cases in federal court, and "it would be a huge imposition on the courts just in terms of the numbers" of cases brought.

S. Michael McColloch, arguing for Jarkesy, said the court should hold that when the government brings a case with the "same essential function" as a traditional lawsuit for claims such as fraud, it should have to bring the case in federal court, where a jury trial right would apply.

Justice Sonia Sotomayor and other Democratic appointees to the court challenged McColloch's position, calling it a "dramatic change" to decades of Supreme Court precedent. Justice Elena Kagan said that "nobody has had the, you know, chutzpah, to quote my people," to challenge Congress' ability to set up agency adjudication for decades.

Barrett pushed McColloch to provide a specific test for which cases would "count" for a jury trial right and which would not.

Barrett pointed out that the court has in the past upheld workplace safety rules that "served the same kind of function" as negligence suits.

McColloch tried to distinguish those by saying that some aspects of administrative law are "prophylactic" and could still be adjudicated within an agency, such as requiring certain precautions in workplaces or requiring participants in securities markets to register with the SEC.

McCulloch argued that the ruling should not extend to cases adjudicating government benefits or debts, which he said would mean agencies could still use administrative judges for Social Security benefits as well as taxes, customs and duties. He also pointed to more than a century of cases upholding the use of administrative judges for immigration cases.

Agency Enforcement Actions Authorized by Law

Administrative agencies are often tasked with enforcing statutes.

To this end, they create rules to help them achieve the legislators' goals, and they conduct investigations to monitor compliance and identify violations.

Some agencies are authorized to pursue formal legal action for alleged violations of rules, regulations, or statutes. These actions may be purely administrative in nature, or agencies may file suit in civil court. In some situations, an agency may pursue criminal charges against an individual or business.

Enforcement Authority

An agency's enforcement authority is limited to the powers granted to it by statute.

Agencies cannot pursue matters that are outside the scope of the statute in an administrative proceeding, nor can they impose new procedures or penalties that the statute does not provide.

They may, however, be able to pursue additional remedies by going outside of purely administrative procedures, such as by filing a civil lawsuit in a court of general jurisdiction.

An agency can only do this, of course, if authorized to do so by statute.

Non-Judicial Enforcement

Many administrative agencies have authority to pursue enforcement actions outside of any court system.

One example at the federal level is the Environmental Protection Agency (EPA), which issues permits to businesses for various activities that might affect environmental conditions, and which is authorized to order businesses to take certain actions in order to brings themselves into compliance with environmental regulations. This often takes the form of a notice of violation issued to the business with an order, which gives the business the opportunity to comply with the order or file an appeal.

Appeals From Enforcement Actions Outside Court

People and businesses affected by these types of proceedings may be able to appeal an agency's decision to a tribunal, such as a court of general jurisdiction.

Administrative Enforcement

Article III of the United States Constitution establishes the U.S. Supreme Court, and Congress created the system of federal district courts and circuit courts of appeal with the Judiciary Act of 1789.

These are known as "Article III courts." Congress has created additional tribunals for the purpose of addressing specific types of claims.

These are often known as "Article I courts," after the part of the Constitution that establishes Congress.

Certain administrative enforcement actions may be brought in these types of tribunals.

U.S. Immigration and Customs Enforcement (ICE) is an agency of the Department of Homeland Security (DHS) with responsibility over enforcement of immigration laws and regulations. One of its functions is to seek the removal, or deportation, of individuals it believes are in this country without proper documentation. Immigration courts, which are part of the Executive Office for Immigration Review (EOIR) in the Department of Justice (DOJ), have jurisdiction over these types of immigration matters. Appeals of immigration court decisions go to another Article I court, the Board of Immigration Appeals (BIA), and then to an Article III appellate court.

Enforcement through Civil Litigation

Some administrative agencies conduct enforcement actions by bringing suit in the court system. They may be authorized to file suit themselves. The Securities and Exchange Commission (SEC), for example, is authorized to file civil lawsuits for alleged violations of securities regulations and statutes like the Securities Act of 1933 and the Securities Exchange Act of 1934.

Lawsuits by the DOJ

The U.S. Department of Justice can file suit on behalf of agencies that do not have statutory authority to sue on their own.

Criminal Enforcement

Agencies that have specific law enforcement responsibilities may have the authority to initiate criminal prosecutions, or to refer them to a prosecutor's office. This includes agencies like the Drug Enforcement Administration (DEA), which is part of DOJ. Some agencies outside the DOJ, like the SEC, may also be able to file criminal complaints on their own.

Last reviewed May 2023

    NY Laws ›
    Vehicle and Traffic Law ›
    Title II ›
    Article 2B

ADJUDICATION OF PARKING INFRACTIONS
Section    Description
235    Jurisdiction.

c.  Default  judgment.

Where  a  city  has  given  notice pursuant to
  paragraph a of this subdivision, failure  to  respond  to  a  notice  of
  violation  for a parking violation within ninety days shall be deemed an
  admission of liability and shall subject the owner to a default judgment
  being entered thereon in an amount not greater than the  amount  of  the
  original fine and accrued penalties plus any applicable surcharges. Such
  default shall be reported to the department which department shall cause
  a suspension and non-renewal of the owner's registration pursuant to the
  provisions  of  subdivision  four-c  of section five hundred ten of this
  chapter.

 S 237. Functions,  powers  and  duties.  The parking violations bureau
  shall have the following functions, powers and duties:
    1. To accept pleas to, and to hear and determine, charges  of  parking
  violations  and,  except  in  a city with a population of one million or
  more, abandoned vehicle violations;
    2. To provide for penalties other than imprisonment  for  (a)  parking
  violations   in  accordance  with  a  schedule  of  monetary  fines  and
  penalties, provided however, that monetary penalties  shall  not  exceed
  fifty dollars for each parking violation other than (i) in a city with a
  population  of one million or more, violations committed in spaces where
  stopping or standing is prohibited for which  monetary  penalties  shall
  not  exceed one hundred dollars and, (ii) handicapped parking violations
  for which monetary penalties shall not exceed one hundred fifty dollars;
  and (b) abandoned vehicle violations, except in a city with a population
  of one million or more, provided however, that monetary penalties  shall
  not  be  less  than two hundred fifty dollars nor more than one thousand
  dollars for each abandoned vehicle violation; and  (c)  a  city  with  a
  population of one million or more may impose a monetary penalty of up to
  two  hundred  fifty  dollars  for a first offense and up to five hundred
  dollars  for  subsequent  offenses  within  a  six  month   period   for
  tractor-trailer combinations, tractors, truck trailers and semi-trailers
  parked overnight on streets in residential neighborhoods;
    3. To adopt rules and regulations not inconsistent with any applicable
  provision  of  law  to carry out the purposes of this article, including
  but not limited  to  rules  and  regulations  prescribing  the  internal
  procedures  and  organization  of  the  bureau,  the  manner and time of
  entering pleas, the conduct of hearings, and the amount  and  manner  of
  payment of penalties;
    4.  To  issue  subpoenas  to  compel the attendance of persons to give
  testimony at hearings and to compel the production  of  relevant  books,
  papers and other things;

    5.  To enter judgments and enforce them, without court proceedings, in
  the same manner as the enforcement of money judgments in  civil  actions
  in  any  court of competent jurisdiction or any other place provided for
  the entry of civil judgment within the state of New York;

    6. To compile and maintain complete and accurate records  relating  to
  all  charges  and  dispositions  and  to  prepare  complete and accurate
  transcripts of all hearings conducted by the bureau and to furnish  such
  transcripts  to  the  person  charged  at said person's own expense upon
  timely request, and upon said person complying with the  regulations  of
  the bureau;
    7. To remit to the finance administrator, or other appropriate finance
  officer,  on  or  before  the  fifteenth day of each month, all monetary
  penalties or fees received by  the  bureau  during  the  prior  calendar
  month,  along  with  a statement thereof, and, at the same time, to file
  duplicate copies of such statement with the comptroller;
    8. To answer within a reasonable  period  of  time  all  relevant  and
  reasonable  inquiries  made by a person charged with a parking violation
  or his attorney concerning  the  notice  of  violation  served  on  that
  person.  The bureau must also furnish within a reasonable period of time
  to the person charged on  his  request,  and  upon  complying  with  the
  regulations  of  the  bureau, a copy of the original notice of violation
  including all information contained thereon. Failure by  the  bureau  to
  comply  with  the  provisions  of  this  subdivision  or any part of the
  provisions of this subdivision, within forty-five days of such  inquiry,
  forwarded  to the bureau by certified or registered mail, return receipt
  requested, will result, upon the request of the person  charged,  in  an
  automatic  dismissal  of all charges relating to and only to that notice
  of violation to which the inquiry was made;
    * 9. To prepare and issue a notice of violation in blank to members of
  the  police  department, the fire department, the traffic department and
  to other officers as the  bureau  by  regulation  shall  determine.  The
  notice of violation or duplicate thereof, when filled in and sworn to or
  affirmed  by  such  designated  officers, and served as provided in this
  article, shall constitute notice of the parking violation charged;
    * NB Effective until December 1, 2019
    * 9. To prepare and issue a notice of violation in blank to members of
  the police department, the fire department, the traffic  department  and
  to  other  officers  as  the  bureau  by regulation shall determine. The
  notice of violation or duplicate thereof, when filled in and sworn to or
  affirmed by such designated officers, and served  as  provided  in  this
  article, shall constitute notice of the parking violation charged.
    * NB Effective December 1, 2019
    * 10.  To  adjudicate  the  liability  of  owners  for  violations  of
  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
  accordance  with  section  eleven  hundred  eleven-a  of this chapter or
  section eleven hundred eleven-b of this  chapter  as  added  by  section
  sixteen  of  the  chapter of the laws of two thousand nine which amended
  this subdivision,  if  authorized  by  local  law  adopted  pursuant  to
  subdivision  (a)  of such section eleven hundred eleven-a or pursuant to
  subdivision (a) of such section eleven  hundred  eleven-b  as  added  by
  section  sixteen  of  the chapter of the laws of two thousand nine which
  amended this subdivision;

S 241. Final  determinations,  judgments.    

* 1. The hearing examiner
shall  make  a  determination  on  the  charges, either  sustaining  or
  dismissing  them. Where the hearing examiner determines that the charges
  have been sustained he or she  may  examine  either  the  prior  parking
  violations  record  or  the record of liabilities incurred in accordance
  with section eleven hundred eleven-a of this chapter  or  in  accordance
  with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
  laws  of  two thousand nine or in accordance with section eleven hundred
  eleven-d of this chapter or in accordance with  section  eleven  hundred
  eleven-e  of  this  chapter  or  the  record  of liabilities incurred in
  accordance with section two thousand nine  hundred  eighty-five  of  the
  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
  chapter seven hundred seventy-four of the laws of nineteen hundred fifty
  of  the  person  charged,  or  the  record  of  liabilities  incurred in
  accordance with section eleven hundred eleven-c of this chapter, or  the
  record of liabilities incurred in accordance with section eleven hundred
  eighty-b  of  this  chapter,  as  applicable  prior to rendering a final
  determination. Final determinations  sustaining  or  dismissing  charges
  shall  be entered on a final determination roll maintained by the bureau
  together with records showing payment and nonpayment of penalties.

The New York City Sheriff's Office (NYCSO), officially the Office of the Sheriff of the City of New York, is the primary civil law enforcement agency for New York City.[1] The Sheriff's Office is a division of the New York City Department of Finance, operating as an enforcement arm.[2] The Sheriff's Office handles investigations concerning cigarette tax enforcement, real estate property/deed fraud and other matters deemed necessary by the Department of Finance.[3]

In addition, as the city's chief civil law enforcement agency concerning the New York State Court System, the Sheriff's Office enforces a variety of mandates, orders, warrants and decrees issued by courts. Enforcement tools include evictions, seizure of property, arrests and garnishments. Auctions are conducted for property the agency seizes and levies upon.

"Divisions". New York City Department of Finance. City of New York. Archived from the original on October 2, 2022. Retrieved February 3, 2023.
New York City Charter § 1526 [2020] "There shall be within the department [of finance] an office of the city sheriff which shall be subject to the supervision and control of the commissioner of finance."
"Sheriff". New York City Department of Finance. City of New York. Archived from the original on December 16, 2022. Retrieved February 3, 2023.
"Fees Of $400,000 To Five Sheriffs. Commissioner Wallstein Reports Collections Made by the Officials in Nine Years. In Favor of Bill Which Proposes to Limit Income of the Office to a Salary" (PDF). New York Times. Vol. LXIV, no. 20851. February 25, 1915. p. 18.
"Woman Named Sheriff's Aide". New York Times. Vol. LXXXVII, no. 29201. January 5, 1938. p. 23.
"McCLOSKEY PICKS HIS 5 CHIEF AIDES" (PDF). New York Times. Vol. XCI, no. 30659 (New York ed.). January 2, 1942. p. 15. Retrieved January 9, 2012.
McKinley, Jesse (November 27, 1994). "F.Y.I." The New York Times. Vol. CXLIV, no. 49893 (New York ed.). sec. 13 p. 2. Retrieved January 21, 2008. "Established in 1626, the Sheriff's office in Manhattan and its equivalents in the other boroughs served as a major part of the patchwork of law-enforcement agencies that existed before the city's consolidation in 1898. After that, the new New York City Police Department took over all the responsibility for Policing and criminal investigations in New York City. Prior to the merger into one department, the sheriff was responsible for maintaining the city jails and maintained custody over all inmates sentenced or awaiting trial for criminal cases. In 1941, The city charter was amended by public referendum votes to transfer custodial duties of inmates in criminal cases to the New York City Department of Correction. Today, the city sheriff's primary duties are enforcing court-ordered judgments and fines, including unpaid parking tickets and littering fines, and collecting judgments from reluctant losers in private lawsuits, said John George, the Sheriff's executive assistant."
"Deputy City Sheriff" (PDF). New York City Department of Citywide Administrative Services. City of New York. Archived from the original (PDF) on January 26, 2023. Retrieved February 3, 2023.
"Mayor Adams Appoints Anthony Miranda as New York City Sheriff" (Press release). New York: Office of the Mayor of New York City. May 3, 2022. Archived from the original on November 17, 2022. Retrieved May 3, 2022.
@NYCSHERIFF (January 31, 2017). "Good work by Deputy Sheriffs Mesa,..." (Tweet) – via Twitter.
"Home". New York City Deputy Sheriffs' Association. Archived from the original on October 11, 2022. Retrieved February 3, 2023.
"Evictions". NYC Department of Finance.
"sheriff-arrest-warrants". NYC Department of Finance.
"sheriff-collecting-judgments". NYC Department of Finance.
"Collecting Judgments & Orders of Seizure". NYC Department of Finance.
"Serving Process". NYC Department of Finance.
"contact-us-by-visit In-Person". NYC Department of Finance.
"sheriff-tax-evasion-deed-fraud". NYC Department of Finance.
"New York City Police Officer Indicted for Stealing Townhouse; Allegedly Transferred Title to Bedford-Stuyvesant Property to Herself" (Press release). Kings County District Attorney's Office. October 19, 2015. Archived from the original on December 8, 2015. Retrieved November 27, 2015.
"Long Island Men Charged In Connection With Stealing Nine Homes From Owners by Illegally Transferring Titles, Filing False Documents" (Press release). Kings County District Attorney's Office. May 13, 2015. Archived from the original on December 8, 2015. Retrieved November 27, 2015.
"Manhattan U.S. Attorney Announces Major Law Enforcement Action Taken Against Synthetic Cannabinoid Manufacturers And Distributors, Including Criminal Charges Against Ten Members Of An International Trafficking Organization". U.S. Department of Justice. September 16, 2015.
"Sheriff / Court & Trust Funds". NYC Department of Finance.
@NYCSHERIFF (December 21, 2017). "Many are unaware @NYCSHERIFF has Special Officers as part..." (Tweet). Retrieved June 18, 2020 – via Twitter.
"New York City Sheriff's Office, NY". The Officer Down Memorial Page (ODMP). Archived from the original on April 15, 2008.
"Sheriff Choices Upheld. Court Rules Against Seekers After New City Jobs". New York Times. June 19, 1942.
Harris, Elizabeth A. (December 7, 2010). "City Sheriff Is Named (You Read That Right)". New York Times. Retrieved February 1, 2016.
"John Teunis Bergen". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"Col. L. R. Stegman Dies in Brooklyn. Once Sheriff of Kings County, Civil War Veteran and Journalist was 84". New York Times. October 8, 1923. Retrieved November 30, 2010.
"Charged With Stealing. Indictment And Arrest Of Ex-Sheriff Stegman, Of Kings County" (PDF). The New York Times. May 13, 1886. Retrieved December 22, 2015.
"Ex-Sheriff Creamer Dies" (PDF). New York Times. July 20, 1913.
"Guden "Morally Unfit". Gov. Odell's Stated Reason for Removing Kings County Sheriff. Col. N. S. Dike Succeeds Him. His Own Testimony, Says the Official Decision, Proved Him Incapable and Unqualified for a Public Trust". New York Times. March 8, 1902. Retrieved January 29, 2016.
"Norman Dike Dies. On Bench 25 Years. Former State Supreme Court Justice, Had Been Kings County Judge, Sheriff". New York Times. April 16, 1953.
"Sheriff Melody Assumes Office". The Daily Standard Union. January 2, 1903. p. 12.
"Crowley Wentworth Dies From Injuries. Body of Former Attorney in U.S. Department of Justice Sent to Washington After Services Here". New York Times. January 12, 1928.
"Charles Blakeslee Law". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"Ed Riegelmann, Ex-Justice. Former Borough President of Brooklyn Served in Supreme Court for 14 Years. Reached Age Limit in '39. One-Time Kings County Sheriff, Who Began as Messenger. Had Practiced Law Here". New York Times. January 16, 1941.
"Daniel Joseph Griffin". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"J. V. Mangano, 83, Brooklyn Politician, Dies". The New York Times. Vol. CXXXVIII, no. 47673. October 29, 1988. p. 12.
"Two Wives Share in Estate. One Is Widow of Sheriff Stier, the Other Her Sister, Whom He Divorced". New York Times. October 29, 1916.
"Peter Hercules Wendover". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"Death Of Ex-Coroner Rollins. He Is Found Dead In His Bed At The Union-place Hotel. A Sketch Of His Career" (PDF). New York Times. December 5, 1878. Retrieved July 3, 2015.
"Tweed's Arch Foe, James O'Brien, Dead. Long Conspicuous in Politics and in Daring Wall Street Speculations. He Once Ran For Mayor. Was Sheriff, Alderman, and State Senator, and Fought Tammany Hall for Years" (PDF). New York Times. March 6, 1907. Retrieved February 6, 2016.
"James O'Brien". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"New Public Officers. Sheriff Bowe And County Clerk Butler Take Possession Of Their Offices" (PDF). New York Times. January 2, 1880. Retrieved February 4, 2016.
"Death Of Peter Bowe. Harlem Politician Who Was Elected Sheriff on the Irving Hall Ticket. Major of Tammany Regiment". New York Times. March 3, 1903.
"Barney Martin, Old Tammany Man, Dies" (PDF). New York Times. August 11, 1914.
"Tamsen Enters His Denial. The Sheriff Says Charges Against Him Are Founded in Malice" (PDF). New York Times. May 12, 1896.
"Sheriff Foley Tries The Big Jail Key". New York Times. January 2, 1908.
"Nicholas J. Hayes Dies Suddenly. Commissioner Of Water Supply Is Stricken With Heart Disease In His Home. Once a Power In Tammany. Served as Sheriff And as Head Of Fire Department. Was Friend Of Late C. F. Murphy". New York Times. January 3, 1928. Retrieved March 25, 2010.
"Julius Harburger Dies Suddenly. Ex-Sheriff and ex-Congressman Succumbs at Home from Congestion of Lungs. Political Speaker at 18. Energetic Official Noted for His Flights of Oratory. His Deputies from All Ranks of Life" (PDF). New York Times. November 10, 1914. Retrieved August 10, 2009.
"Alfred E. Smith Dies Here at 70. 4 Times Governor". New York Times. October 4, 1944. Retrieved January 31, 2016.
"Peter Joseph Dooling". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"James George Donovan". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"Elected in 1939 for 3-Year Term, W.J. Dempsey Says He Still Has 'Year to Go'". New York Times. January 1, 1942.
"Sheriff Turns Over Office". New York Times. January 4, 1942.
"J.F. O'BRIEN DEAD; A BRONX OFFICIAL; Had Been Deputy Commissioner of Records for the County Since 1918. WAS ITS FIRST SHERIFF Began Career as Store Clerk-- Became General Superintendent of Large Clothing Firm". The New York Times. April 15, 1929. Retrieved September 23, 2018.
Kestenbaum, Lawrence. "The Political Graveyard: Index to Politicians: Donnelly". politicalgraveyard.com. Retrieved September 23, 2018.
"7 Nov 1917, Page 3 - The Sun at Newspapers.com". Newspapers.com. New York Sun. November 7, 1917. p. 3. Retrieved September 23, 2018.
"SHERIFF DONNELLY RESIGNS; Governor Names Thomas H. O'Neill to Succeed Bronx Official". The New York Times. December 31, 1920. Retrieved September 23, 2018.
"What's in a Name - New York City Housing Authority". Archived from the original on May 20, 2011.

    Fitzpatrick, Benedict (1927). Wells, James L.; Haffen, Louis F.; Briggs, Josiah A. (eds.). The Bronx and its People, a History, 1609-1927. Vol. III. New York, N.Y.: The Lewis Historical Publishing Co., Inc. pp. 111–112 – via Internet Archive.

External links

Collecting Judgments & Orders of Seizure

Collecting Judgments

To have the Sheriff carry out a judgment to seize assets, you must provide as much information about the location of the debtor's assets as possible, such as:

    Bank accounts - bank names, account numbers, savings/checking;
    Brokerage accounts and securities holdings - companies, account numbers;
    Real estate holdings - addresses;
  Vehicles owned - makes/models, years, license plate numbers; and
    Business holdings - Does debtor own any businesses? If so, name and address of the business.

You may know some of this information or be able to find it on statements, canceled checks, bills, or other personal records. You can check with the New York State Department of Motor Vehicles to find out if the judgment debtor owns a car that is registered in the state.

You can also obtain an "Information Subpoena" which is a legal document that requires a person (or business entity) to answer questions about their assets. The New York City Small Claims Court can advise you about this process.

There are additional fees involved if the Sheriff has to seize personal property for auction to satisfy the judgment. These fees may include advertising, carting, and security. Enforcement action will not be taken by the sheriff unless the fees are paid in advance.

Some property is exempt from being seized to satisfy a judgment.


Judgment Types
Small Claims Judgments
Civil Court Judgments
Supreme Court Judgments


Orders of Seizure

At any time before a court decision is made, an Order of Seizure can be issued to collect personal property which may have been wrongly taken or withheld from the person entitled to it. Orders of Seizure are temporary. Please bring or send:

    A certified copy, plus two copies of the Order of Seizure and the papers upon which the order was granted including the summons and complaint;

    The undertaking fixed and approved by the Court for twice the value of the property as stated in the affidavit;
    Cover letter detailing actions to be taken;
    Check or Money Order for $126.50 made out to "NYC Sheriff";

If sending by mail, send the documents to the office in the borough where defendant or defendant's property is located.

Legal Papers
In order to serve legal papers on the Commissioner or the Department of Finance, mail to:
NYC Department of Finance
66 John Street, Room 104
New York, NY 10038 ��
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Operations section

The operations section is composed of the five county field offices and certain units working citywide. Within the county field offices, deputy sheriffs assigned to civil enforcement duties are referenced as Law Enforcement Bureau (LEB) personnel.

LEB deputies perform a wide array of tasks such as evictions,[12] civil arrest warrants,[13] orders to commit, and the seizure and sale of property pursuant to judicial mandates.[14][15]
"sheriff-collecting-judgments". NYC Department of Finance.
"Collecting Judgments & Orders of Seizure". NYC Department of Finance.


Businesses and individuals that owe the city money pursuant to unpaid tax warrants, environmental control board summons and fire and health code violation fines are targeted for enforcement action.

LEB deputies also serve a wide variety of legal process,[16] with orders of protection considered a priority. Each county field office is complemented by civilian support staff to assist in daily administrative functions and customer service.

These field offices are accessible to the public, giving citizens of the county/borough a local place to file court process in need of enforcement.[17]

Deputies of the Operations Section may be assigned to duties separate from the LEB, either within a county field office or citywide.

These duties include arrests and apprehensions on behalf of other non enforcement city agencies such as the Human Resources Administration, the Department of Health and Mental Hygiene and the Administration for Children's Services.

Deputies may be assigned to scofflaw enforcement or security duties at the city treasury.

The Operations Section will also provide deputies for any other assignment as deemed necessary by the agency.[11]