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Posted by Mark Smith on March 11, 1999 at 12:52:24:

In Reply to: Re: Must marshal hand me the eviction notice? posted by TenantNet on March 11, 1999 at 11:58:33:

The printed Notice of Eviction form served by the marshals makes specific reference, in a footnote, to 6 days replacing 72 hours, allowing additional time for mailing. The Marshal's Handbook also provides for 6 days, instead of 72 hours, in this most common situation. This issue has also been addressed on one of the housing shows on Manhattan Neighborhood Network public access.

Furthermore, housing court directly notifies the marshal's office when an Order to Show Cause has been granted. The marshal's office will know about the Order to Show Cause before the copy mailed by the tenant arrives in the mail at the marshal's office.

: It's certainly possible that things might have changed, but it's always
: been that after service, the Marshall has a right to evict after 72 hours.
: Do you know if that's a legislative change, or just policy?
: That it may take longer than 72 hours is a bureaucratic issue with the
: Marshall's backlog, but one should operate on the 72 hour principle. In
: some cases, you can call the Marshall, ask him when he plans to evict,
: indicate you're applying for an Order to Show Cause and he might hold
: off.

: : The marshal or someone serving the papers for him/her does not have to serve you personally with the notice of eviction. It has to be served in the same manner as the notice of petition and petition [RPAPL §749, §735]. After reasonable application to effect personal service, the process server can use substituted service or conspicuous placement service.
: : The time for eviction has been extended from 72 hours from the time of service of the notice of eviction to 6 days from the date of service, to allow for mailing of the notice of eviction (by regular mail and by certified or registered mail). The notice of eviction is rarely served personally, and, in the past, if the tenant did not get the copy purportedly posted on the apartment door, the 72 hours might have expired and the marshal might have already evicted the tenant by the time a copy arrived in the mail.

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Comments:
: The printed Notice of Eviction form served by the marshals makes specific reference, in a footnote, to 6 days replacing 72 hours, allowing additional time for mailing.  The Marshal's Handbook also provides for 6 days, instead of 72 hours, in this most common situation.  This issue has also been addressed on one of the housing shows on Manhattan Neighborhood Network public access.  

: Furthermore, housing court directly notifies the marshal's office when an Order to Show Cause has been granted. The marshal's office will know about the Order to Show Cause before the copy mailed by the tenant arrives in the mail at the marshal's office.

: 
: : It's certainly possible that things might have changed, but it's always
: : been that after service, the Marshall has a right to evict after 72 hours.
: : Do you know if that's a legislative change, or just policy?
: : That it may take longer than 72 hours is a bureaucratic issue with the
: : Marshall's backlog, but one should operate on the 72 hour principle. In
: : some cases, you can call the Marshall, ask him when he plans to evict,
: : indicate you're applying for an Order to Show Cause and he might hold
: : off.

: : : The marshal or someone serving the papers for him/her does not have to serve you personally with the notice of eviction.  It has to be served in the same manner as the notice of petition and petition [RPAPL §749, §735].  After reasonable application to effect personal service, the process server can use substituted service or conspicuous placement service. 
: : : The time for eviction has been extended from 72 hours from the time of service of the notice of eviction to 6 days from the date of service, to allow for mailing of the notice of eviction (by regular mail and by certified or registered mail).  The notice of eviction is rarely served personally, and, in the past, if the tenant did not get the copy purportedly posted on the apartment door, the 72 hours might have expired and the marshal might have already evicted the tenant by the time a copy arrived in the mail.


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