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Posted by Mark Smith on March 14, 1999 at 08:30:02:

In Reply to: Re: Yo: watch your language: the warrant link posted by Waiting For ToGo on March 13, 1999 at 05:06:02:

As a practical matter, evictions require a notice period of 6 business days, in most cases. If the notice of eviction is personally served, in theory the eviction could take place in 4 business days, if a 72-hour notice is served. However, most marshals don't give the process server two forms of the notice of eviction: a 72-hour notice (for personal service) and a 6-business-days notice (for substituted service or conspicuous placement service). The marshal generally gives the process server only the 6-business-days notice, and even if this notice is served personally, 6 business days must be allowed.

Click on the link below for Chapter 4 - Evictions, etc. from the Department of Investigations' Marshal's Handbook, which has been approved by the First and Second Departments of the Appellate Division.

:
: : By now you've realized that it is 72 hours for personal service, 6th day for nail&mail.
: NO. Actually what I have realized is that it is a six-day notice. It states with excruciating clairity that I have six working days to move on.

: : But if you know you're leaving, why not move now and save yourself the possible damage to or loss of all your possessions and the legal problems that will bring?
:
: SIMPLE: My new lease doesnt start till March 15th. So now that i know the law I dont have to worry. Not only do i know that I'm moving but i know WHEN
: :

:
: Chapter IV in the NYC link below spells it out.

• Marshal's Handbook - Chapter 4 - Evictions, etc.

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Comments:
: As a practical matter, evictions require a notice period of 6 business days, in most cases.  If the notice of eviction is personally served, in theory the eviction could take place in 4 business days, if a 72-hour notice is served.  However, most marshals don't give the process server two forms of the notice of eviction: a 72-hour notice (for personal service) and a 6-business-days notice (for substituted service or conspicuous placement service).  The marshal generally gives the process server only the 6-business-days notice, and even if this notice is served personally, 6 business days must be allowed.

: Click on the link below for Chapter 4 - Evictions, etc. from the Department of Investigations' Marshal's Handbook, which has been approved by the First and Second Departments of the Appellate Division.

: 
: : 
: : : By now you've realized that it is 72 hours for personal service, 6th day for nail&mail.
: :       NO.  Actually what I have realized is that it is a six-day notice.  It states with excruciating clairity that I have six working days to move on.    

: : : But if you know you're leaving, why not move now and save yourself the possible damage to or loss of all your possessions and the legal problems that will bring?
: :        
: :        SIMPLE:  My new lease doesnt start till March 15th.  So now that i know the law I dont have to worry.  Not only do i know that I'm moving but i know WHEN
: : :

: : 
: :  Chapter IV in the NYC link below spells it out.



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