Dear Lynbrook Landlord:
You really do not have to worry about the days that count, because the Sheriff will not conduct the execution of the warrant in less time than is legal. Weekend days and public holidays do not count toward the 72-hour period.
This is the controlling statute:
http://law.onecle.com/new-york/real-property-actions-proceedings/RPA0749_749.html
"***2. The officer to whom the warrant is directed and delivered shall give at least seventy-two hours notice, excluding any period which occurs on a Saturday, Sunday or a public holiday, in writing and in the manner prescribed in this article for the service of a notice of petition, to the person or persons to be evicted or dispossessed and shall execute the warrant between the hours of sunrise and sunset.***"
Good luck.
Michael C. WildReal Estate AttorneyWilliamsville, NY ·
The short answer is no, weekends and holidays don't count. The pragmatic (and more realistic) answer is that it doesn't particularly matter. Most Sheriffs, Marshals or Constables (the civil enforcement officers who enforce the warrant of eviction) across the state are backlogged by more than 3 days.
I understand you want the tenant out quickly. Assuming you promptly hired the Sheriff, Marshal or Constable to serve the warrant, there isn't much else you can do except wait patiently until it is executed.