Constitution Rights Org Edu

scofflaw enforcement

What is the Scofflaw Patrol?

The Scofflaw Patrol is a joint effort between the New York City Department of Finance and the New York City Sheriff's Office.

Scofflaw is a noun coined during the Prohibition era which originally denoted a person who drinks illegally, or otherwise ignored anti-drinking laws. It is a compound of the words scoff and law. Its use has been extended to mean one who flouts any law, especially those difficult to enforce, and particularly traffic laws.

Power and authority
New York City Sheriff's Office Ford Crown Victoria Police Interceptor responding

Deputy sheriffs and Criminal Investigators (Sheriff Detective and Sheriff Investigator) are New York State peace officers with authority to make warrantless arrests, issue summonses, carry and use a firearm, conducted energy device, baton, pepper spray, handcuffs. Deputy sheriffs receive their peace officer status pursuant to the New York State Criminal Procedure Law (CPL) §2.10 subdivision 2, while criminal investigators receive their peace officer status from CPL §2.10 subdivision 5.

Deputy sheriffs are also civil enforcement officers with authority to enforce the New York State Civil Practice Law and Rules (CPLR) concerning civil procedure.[22]

"Sheriff / Court & Trust Funds". NYC Department of Finance.
https://www.nyc.gov/site/finance/sheriff-courts/sheriff-courts.page

https://www.nyc.gov/site/finance/sheriff-courts/forms.page

Sheriff Forms

    Arrest Process Intake Sheet
    Service of Process Intake Sheet - (Guidelines for Service of Court Papers)
    Request for an Execution from NYC Small Claims or Civil Court - (Affidavit in Support of a Request for Execution Against Income/Property)
    Eviction Intake Sheet - (Constructive Possession, Request for Final Order and Issuance of Warrant)
    Non-Military Affidavit - (Used for housing court non-payment actions. To be filled out if the tenants' military status was not already established in court.)
    Affidavit of Noncompliance - (Used for housing court non-payment actions. To be filled out if tenant has not complied with the court stipulation.)
    Vendor Form - (Should be used only when constructive possession is not being elected.)
    Execution Waiver - (Used by Attorneys)

General Forms

    Computer Data Request
    Power of Attorney POA-1
    Military Request for Relief (from Lien Sales, ECB and Parking Judgments, and Tax Warrants)

 Request for an Execution from NYC Small Claims or Civil Court - (Affidavit in Support of a Request for Execution Against Income/Property) is attached.

///The Form proves that Dept of Finance/PVB need the power of a Court in order Enforce/Execute/Seize and can't do it on their own. ///

I have mailed a copy of the Judgment by Certified Mail, pursuant to 22 NYCRR 208.37, to the Judgment
Debtor at:______________________________________________________________________________
______________________________________________________________________________________
Accordingly, I request that the Chief Clerk issue an Execution against the income and/or the property of
the Judgment Debtor.

This form is to be filled out and given to a Marshal or Sheriff.
The Civil Court may issue an Execution only to a Marshal or Sheriff.


-------
/// The key phrases reveal that the Dept of Finance depends on the Civil Court to issue Execution/Seizure of personal property, while they claim that do it administratively. ///

I hereby direct the Sheriff of the City of New York, NOT to place Custodians in charge of, nor to remove the
property levied upon, pursuant to an Execution issued in the above action, until further notice.

It is further understood
that the Sheriff is relieved from any liability by reason thereof.
BE ADVISED ONCE A LEVY HAS BEEN MADE SHERIFF'S POUNDAGE IS DUE PURSUANT TO
SECTION 8012 (B) PARAGRAPH (2) OF THE C.P.L.R.

/// In the above action refers to the Court case - not Administrative case, which is another proof of the Civil Court involvement. ///

The Execution Waiver to Sheriff - (Used by Attorneys) is attached.

/// They use the same forms for Marshals, based on such phrase incorporated in the forms. ///

Article 80 - Fees
8012 - Mileage Fees, Poundage Fees, Additional Compensation, and Limitation on Compensation of Sheriffs.
Universal Citation: NY CPLR § 8012 (2022)

§ 8012. Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.

(a) Mileage fees. A sheriff is entitled to the current federal internal revenue service mileage reimbursement rate for each mile necessarily travelled in performing the following services, payable in advance: 1. in serving or executing a mandate upon or against one person, or upon or against two or more persons in the course of one journey, computed from the nearest office of the sheriff in the county to the place of service or execution, and return; 2. in serving or executing two or more mandates in one action upon or against one person at one time, computed from the nearest office of the sheriff in the county to the place of service or execution, and return; and 3. in attending a view, computed from the nearest office of the sheriff in the county to the place of attendance, and return.

(b) Poundage fees. 1. A sheriff is entitled, for collecting money by virtue of an execution, an order of attachment, or an attachment for the payment of money in an action, or a warrant for the collection of money issued by the comptroller or by a county treasurer or by any agency of the state or a political subdivision thereof, or for collecting a fine by virtue of a commitment for civil contempt, to poundage of, in the counties within the city of New York, five per cent of the sum collected and in all other counties, five per cent upon the first two hundred fifty thousand dollars collected, and three per cent upon the residue of the sum collected.

2. Where a settlement is made after a levy by virtue of service of an execution, the sheriff is entitled to poundage upon the judgment or settlement amount, whichever is less.

Where an execution is vacated or set aside after levy, the sheriff is entitled to poundage upon the value of the property levied upon, not exceeding the amount specified in the execution, and the court may order the party liable therefor to pay the same to the sheriff.


3. Where a settlement is made, either before or after judgment, after a levy by virtue of service of an order of attachment, the sheriff is entitled to poundage upon the judgment or settlement amount, whichever is less.

Where an order of attachment is vacated or set aside after levy, the sheriff is entitled to poundage upon the value of the property levied upon, not exceeding the amount specified in the order of attachment, and the court may order the party at whose instance the order of attachment was granted to pay the same to the sheriff.

Where an order of attachment is otherwise discharged by order of the court, the sheriff is entitled to the same poundage, to be paid by the party at whose instance the order of attachment is discharged, and the sheriff is entitled to retain the property levied upon until the poundage is paid. The maximum amount upon which poundage shall be computed, if such a settlement is made or the order of attachment is vacated or set aside, is one million dollars. 4. Where a settlement is made (i) after service of an income execution upon the debtor pursuant to subdivision (d) of section fifty-two hundred thirty-one of this chapter or upon the garnishee pursuant to subdivision (e) of section fifty-two hundred thirty-one of this chapter, or (ii) after issuance of a property execution pursuant to section fifty-two hundred thirty of this chapter and levy against personal or real property pursuant to section fifty-two hundred thirty-two or fifty-two hundred thirty-five of this chapter, the sheriff is entitled to poundage upon the judgment amount or settlement amount, whichever is less. Where an income or property execution is vacated or set aside after levy, the sheriff is entitled to poundage upon the value of the property levied upon, not exceeding the amount specified in the execution, and the court may order the party liable therefor to pay the same to the sheriff. 5. A sheriff who brings an action in a court of competent jurisdiction to collect such amount provided for in this subdivision may also be awarded reasonable attorney's fees and court costs.

(c) Additional compensation. A sheriff is entitled in any case, including an instance in which a mandate has been stayed, vacated or set aside, or a settlement has been made after a levy, to such additional compensation for his trouble and expenses in taking possession of and preserving property under any mandate or in removing a person in possession of real property and the said person's property, as the court allows, and the court may make an order requiring the party liable therefor to pay the same to the sheriff.

(d) Mileage fees in the city of New York. For mileage travelled wholly within the city of New York the sheriff of the city of New York shall be entitled to thirty dollars payable in advance, as provided in section eight thousand eleven of this chapter, and commencing one year after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision, such fee shall be thirty-five dollars.

Administrative Law FAQs

What do administrative agencies do?
What are some examples of administrative agencies?
What is the difference between executive agencies and independent agencies?
What is the purpose of administrative law?
How was administrative law developed?
How does an administrative agency make rules?
Why does an agency start an investigation?
What does an administrative law judge do?
What happens at an administrative hearing?
Can you appeal a decision after an administrative hearing?
What do administrative agencies do?

Administrative agencies have executive, quasi-legislative, and quasi-judicial functions.

The executive function involves enforcing laws created by the legislature and regulations created by the agency.

The quasi-legislative function involves creating regulations through the agency rule-making process.

The quasi-judicial function involves adjudicatory proceedings that address violations of laws or regulations in the area overseen by the agency.

Sometimes agencies are called the fourth branch of government because they exercise all three traditional government functions.

What are some examples of administrative agencies?

Examples of administrative agencies include the executive departments in the President's Cabinet, such as the Department of State and the Department of Defense.

Meanwhile, the Social Security Administration issues retirement and disability benefits to qualifying Americans. The Food and Drug Administration sets safety standards that protect the health of consumers and patients. The National Labor Relations Board enforces laws related to collective bargaining and unfair labor practices. Examples of administrative agencies at the state level include unemployment commissions, workers' compensation boards, and professional licensing boards.
What is the difference between executive agencies and independent agencies?

Executive agencies are directly controlled by the President, while independent agencies are relatively free from presidential control.

An executive agency usually is run by a single director, while an independent agency usually is run by a board or commission with several members. Unlike the head of an executive agency, a board member at an independent agency generally cannot be removed by the President unless they have good cause. Independent agencies tend to be exempt from presidential review of their rule-making procedures, and they often submit their budgets directly to Congress.

What is the purpose of administrative law?

The main purpose of administrative law consists of ensuring accountability for administrative agencies. By providing judicial review of agency actions, this body of law curbs the power of the executive branch.

It also provides transparency to the public, who can see how the government is operating and can challenge any abuses of power.

/// Virtually non-existent transparency ///



How was administrative law developed?

Administrative law is a relatively modern area of law. It developed after the Great Depression and the New Deal of the 1930s, which witnessed the creation of numerous federal agencies by the administration of President Franklin D. Roosevelt.

Concern over the broad powers wielded by these agencies led to the Administrative Procedure Act of 1946. In addition to granting courts the power to review agency actions, the APA set standard procedures for agency rule-making that fostered public participation in the process.

How does an administrative agency make rules?

An administrative agency first publishes a proposed rule in the Federal Register. Then, any member of the public will have an opportunity to comment on it in support or opposition. In some cases, the agency may hold a hearing on the rule at its discretion or upon request by an interested party. If the agency decides to make significant changes to the rule, it may need to give the public another opportunity to comment on it. Once the rule reaches its final form, the agency will send the rule to the Office of Administrative Law. This final step involves a review of the process of creating the rule. If the process complied with the APA, the rule will take effect and appear in the Code of Federal Regulations.


Why does an agency start an investigation?

An agency investigation may be a preliminary step toward an enforcement action, following an alleged violation of a law or regulation. In other situations, an agency investigation may involve more benign goals. An agency may want to explore whether new rules need to be created or whether existing rules need to be modified. An agency also may want to investigate the circumstances surrounding a license or permit application.
What does an administrative law judge do?

An administrative law judge (ALJ) issues legally binding decisions based on their review of testimony and documentary evidence.

At the federal level, an ALJ is appointed to their position following an oral and written examination. They are technically considered members of the executive branch rather than the judicial branch, but they act independently from the agency and hold substantial authority. There is no jury in administrative hearings, so an ALJ essentially conducts a hearing as a bench trial. Administrative judges at the state level sometimes have less authority than their federal counterparts.

What happens at an administrative hearing?

As they would in a judicial proceeding, each party at the hearing presents evidence and arguments in their favor. The proceeding includes opening statements, documentary evidence, witness testimony, and closing statements. Each party may need to submit a brief as well. The party bringing the complaint or administrative appeal has the burden of proof. After the hearing, the ALJ usually will provide the parties with a proposed decision, to which they can object. The ALJ will consider any objections and modify the decision as they deem appropriate before it becomes final.

Can you appeal a decision after an administrative hearing?

Yes, you can appeal a decision after an administrative hearing. This ultimately may result in review by a state or federal court, as long as you maintain a complete and accurate record of the proceedings.

Courts usually grant substantial deference to agency decisions, but the standard of review varies depending on the situation. Before you get to court, however, you usually must exhaust your administrative remedies. This means that you must first pursue any internal appeal procedures provided by the agency.

Last reviewed May 2023

Appeals From Administrative Proceedings & Your Legal Options

Federal and state agencies have the authority to issue decisions and orders in cases pending before them. After an Administrative Law Judge renders his or her final decision, the parties to the matter may file an appeal. Most agencies maintain specific procedures for appealing a decision, and the appeal is usually handled within that agency. As a result, it is important to research which appellate procedures apply to your case before proceeding with your appeal.

Following a final decision in an administrative hearing, the parties receive a written copy of the Administrative Law Judge's decision with a document providing information on how the parties may file their appeal. In most cases, a party seeking an appeal must prepare and file certain documents with the agency's appellate division.

Exhausting remedies is meant to promote efficiency in the judicial system.

If you are unsatisfied with the outcome of your appeal at the agency level, you have the option of appealing the decision to the superior court in your state or the federal district court for your area. Most state and federal courts will require that you pursue any appellate remedies made available to you by the agency before seeking review of the agency's decision. This doctrine is commonly referred to as the exhaustion of remedies. Agency personnel and Administrative Law Judges have specialized experience and familiarity with the matters that arise within their jurisdiction, so they are best suited to interpret and apply the rules that they administer. Traditional judicial courts, on the other hand, must engage in substantive research and review of the administrative record and issues in question before they can provide a ruling on the issue.


Appeal Procedures for Agency Decisions

Once you have exhausted all of your agency-level appellate remedies, a state or federal court can consider your appeal. A necessary component of successfully pursuing an appeal of an agency decision is maintaining a complete and accurate record. Failure to provide a reviewing state or federal court with a complete record may thwart your efforts. State and federal courts apply different standards of review to agency decisions. A standard of review is the level of deference that the reviewing court gives to the agency's determination.

In de novo review, for example, the reviewing court examines the facts and legal issues as if it were hearing the matter for the first time.

This is the most meticulous form of review and provides the least deference to the agency.

In general, most agency decisions do not receive de novo review but instead receive special deference.

In this instance, the reviewing court evaluates whether the agency's decision was supported by substantial evidence, and whether it was arbitrary, capricious, or an abuse of discretion.


What Is Substantial Evidence?

Substantial evidence is defined as the amount of evidence that a reasonable mind might find adequate to support a conclusion.

Typically, the reviewing court may not accept new evidence.

However, the APA permits a petitioner who wishes to provide supplemental evidence to do so if he or she can establish that:

    The new evidence is material to the issues;
    The new evidence is not cumulative of the evidence contained in the record; and
    The evidence could not have reasonably been presented at the time of the administrative hearing.

If a party satisfies these requirements, the reviewing judge remands the case to the administrative agency so that the new evidence may be presented and admitted into the record.

May 2023

   

https://www.nyc.gov/site/doi/offices/nyc-marshals.page


Marshals

City Marshals are appointed by the Mayor for five year terms.

At the time of appointment and during his or her term of office, a City Marshal must reside in the City of New York or in the Counties of Nassau, Westchester, Suffolk, Orange, Rockland or Putnam. By law, no more than 83 City Marshals shall be appointed by a mayor. Marshals primarily enforce orders from Civil Court cases, including collecting on judgments, towing, seizing utility meters and carrying out evictions. Marshals collectively perform approximately 25,000 evictions per year.

Marshals are regulated by DOI but, unlike the City Sheriff, they are not City employees.

Marshals collect fees, which are set by statute, from the private litigants whose judgments they enforce, and they also retain five percent of any money they collect on judgments.

Marshals must pay an annual assessment to the City consisting of $1,500 plus 4.5% of their gross income.

In October 2015, Mayor de Blasio appointed new members to the Mayor's Committee on City Marshals, which was established by state law and an Executive Order issued in 1980.

The Committee establishes qualification criteria for Marshal candidates and identifies and recommends Marshal candidates for appointment and reappointment by the Mayor.

The Mayor may appoint as Marshals only those candidates recommended by this committee. 

List of New York City Marshals
New York City Marshals Handbook
Citywide Performance Reporting (CPR)
City Marshals' Annual Revenue
Frequently Asked Questions About Marshals and Judgments
Frequently Asked Questions About Evictions
Become a City Marshal
City Marshal Applications Available
What to do if your vehicle is seized?


Marshals primarily enforce orders from Civil Court cases, including collecting on judgments, towing, seizing utility meters and carrying out evictions. Marshals collectively perform approximately 25,000 evictions per year. Marshals are regulated by DOI but, unlike the City Sheriff, they are not City employees.

https://www.nyc.gov/site/doi/offices/marshals-handook.page


NYC Marshals Handbook of Regulations


In 1938, Mayor Fiorello LaGuardia delegated to the Commissioner of Investigation the responsibility to supervise New York City Marshals. 

Sixteen years later, in 1954, the Bureau of City Marshals was formally established at the Department of Investigation to carry out the Mayor's mandate. 

During Mayor Robert Wagner's third term, the State Court underwent reorganization, and as a result, the Municipal Court and City Court were replaced by the Civil Court of the City of New York.


Pursuant to Article 16 of the New York City Civil Court Act, marshals became officers of the Civil Court of New York City. 

The authority to appoint City Marshals remained with the Mayor; however, the power to suspend and remove City Marshals became vested in the Appellate Divisions for the First and Second Judicial Departments.

In 1968, these courts held that "the Appellate Divisions in the First and Second Judicial Departments are jointly vested with the power to supervise the activities of New York City Marshals and that the routine exercise of that power was lawfully delegated by the Appellate Divisions, through the Mayor, to the Department of Investigation."

During the period of its supervision of marshals, the Department of Investigation has issued numerous directives from time to time prescribing the standards for marshals' official conduct, as well as the standards for the maintenance of official books and records.

On November 12, 1975 and February 27, 1976, the Appellate Divisions for the First and Second Judicial Departments issued Joint Administrative Orders 453 and 456, concerning the supervision of City Marshals.  These orders formally set forth the Department of Investigation's supervisory powers, which include the power to conduct investigations into marshals' activities, examine their books and records, promulgate directives concerning the official records to be kept by them and the procedures for performing their official duties, as well as the power to discipline them.

Joint Administrative Order 453 specifically authorized the Department of Investigation, with the approval of both Appellate Divisions, to promulgate a "handbook of regulations" for City Marshals.  Thus, this handbook is a direct result of the authority vested in the Department of Investigation by the Appellate Divisions for the First and Second Departments. 

This handbook, which the Appellate Divisions approved on March 25, 2013, replaces the previous Handbook of Regulations, issued in 1997.

The purpose of updating the Marshals Handbook is to set forth in one reference this Department's directives, issued through the years (as well as certain new directives), for official conduct and record keeping. 

All current directives have been codified within this handbook. 

As always, a marshal shall be accountable for the duties, functions, and responsibilities that are delegated to him or her pursuant to judicial order, Department of Investigation directive, and this Handbook of Regulations.


About the Handbook

The Marshals Handbook that follows is an electronic reproduction of the actual handbook in PDF format, posted here for the convenience of the public.

NYC Marshals Handbook PDF
https://www.nyc.gov/assets/doi/Marshals/MarshalsHandbook4_24_13_Dir_Guidelines.pdf

The official Handbook is available for viewing at the City Hall Library (located at 31 Chambers Street, Room 112, New York, New York 10007). The official Handbook may be purchased for $25 in any of the following ways:

1)     In person at CityStore:
        Municipal Building North Lobby
        New York, New York 10007;
2)     By phone at: (212) 386-0007;
3)     Online through the CityStore's secure E-commerce site.
http://www.nyc.gov/citystore