If the order of seizure so provides, the sheriff, in accordance with the order of seizure, may break open, enter and search for the chattel in the place where the chattel may be and take the chattel into his possession.
§ 7110.Sheriff’s powers.
Article 71. Recovery of Chattel · Last amended 1971 · Last verified July 21, 2026
In one sentenceCPLR 7110 authorizes the sheriff to break open, enter, and search a location for a chattel and take it into possession, but only when the order of seizure specifically grants that authority.
Full Text of CPLR 7110
Plain-English Summary
A sheriff carrying out an order of seizure does not automatically have the power to force entry. Section 7110 grants that power only when the order of seizure itself provides for it, letting the sheriff break open, enter, and search the place where the chattel is believed to be and take it into possession there.
That authority traces back to what the plaintiff had to show up front. Section 7102 requires the plaintiff's affidavit to establish probable cause that the chattel is located at the place named before a court will include forced-entry authority in the order. Section 7110 is the payoff of that showing: it gives the sheriff the power to act on an order that already grants that authority, not an independent power to force entry on its own.
Frequently Asked Questions
Can the sheriff force entry into a home or business to seize property in a New York case?
Only if the order of seizure specifically authorizes it. CPLR 7110 gives the sheriff no independent power to break open, enter, or search a location beyond what the order itself provides.
What has to be shown before a court will authorize forced entry to seize a chattel?
The plaintiff's affidavit under CPLR 7102 must establish probable cause to believe the chattel is located at the specified place. Only after that showing will a court include forced-entry authority in the order of seizure.
Does the sheriff automatically have the power to break in, or does the order have to say so?
The order has to say so. Section 7110 conditions the sheriff's power to break open, enter, and search entirely on the order of seizure providing for it.
Is a separate court order needed to authorize forced entry, or does the seizure order itself cover it?
The seizure order itself covers it. Section 7110 does not require a second application; the forced-entry authority is a provision the court can include in the same order of seizure under section 7102.
What can the sheriff do once inside the location under CPLR 7110?
Search for the chattel described in the order and take it into possession. The sheriff's authority under this section extends only to locating and seizing that property, not to any broader search.
Advisory Committee Notes
This section is derived from CPA § 1127 and the last two sentences of § 1099. No change from former law is intended.
Amendment History
Add, L 1962, ch 308; amd, L 1971, ch 1051, § 4, eff July 2, 1971.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: sheriff break open door to seize property New Yorkforced entry seizure order New Yorksheriff search for chattel New York