Respondents contend that proper service of the warrant of eviction does not require the filing
[*2]of an affidavit of service. "When presented with a question of
statutory interpretation, a court's primary consideration is to ascertain and give effect to the
intention of the Legislature. We have long held that the statutory text is the clearest indicator of
legislative intent" (Matter of Walsh v
New York State Comptroller, 34 NY3d 520, 524 [2019] [internal quotation marks and
citations omitted]). "Statutes are to be construed according to the ordinary meaning of their
words and where the language of a statute is clear and unambiguous, courts must give effect to its
plain meaning" (Matter of Carmel
Academy v New York State Educ. Dept., 169 AD3d 1287, 1288 [2019] [internal
quotation marks, brackets, ellipsis and citations omitted], lv denied 35 NY3d 901
[2020]).
"RPAPL article 7 sets forth the jurisdictional and procedural requirements for summary
proceedings to recover possession of real property" (Matter of Brusco v Braun, 84 NY2d
674, 679 [1994]). RPAPL 749 governs the issuance and execution of a warrant of eviction.
"Upon rendering a final judgment for [the owner], the court shall issue a warrant directed to the
sheriff of the county . . . in which the property, or a portion thereof, is situated,
. . . describing the property, stating the earliest date upon which execution may
occur pursuant to the order of the court, and commanding the officer to remove all persons
named in the proceeding" (RPAPL 749 [1]). "The officer to whom the warrant is directed and
delivered shall give at least [14] days' notice, in writing and in the manner prescribed in [RPAPL
article 7] for the service of a notice of petition, to the person or persons to be evicted or