dispossessed and shall execute the warrant on a business day between the hours of sunrise and
sunset" (RPAPL 749 [2] [a]). Manner of service is defined as "[t]he way or means by which
service of process was made" (Black's Law Dictionary [11th ed 2019], manner of service). The
legislative history shows that the intent of the statute was to permit service not only by personal
service, but also by substituted service, upon a person of suitable age and discretion and by nail
and mail (see Sponsor's Mem, Bill Jacket, L 1964, ch 303). As respondents argue, absent
from the statutory provision is any requirement for filing proof of service of the warrant; while
acknowledging that it might result in "elevating form over substance," Supreme Court felt
constrained to reach this result based upon RPAPL 735. That statute governs the service and
filing of the initial petition, which has distinct and different purposes.
Significantly, the issuance of a warrant is the court's last act in a summary
proceeding, as denoted by the phrase, "Upon rendering a final judgment for [the owner], the court
shall issue a warrant" (RPAPL 749 [1]). The execution of the warrant terminates the lease
(see Weichert v O'Neill, 245 AD2d 1121, 1122 [1997]). Likewise, the execution of the
warrant terminates the summary proceeding [*3]and the
jurisdiction of the court (see Super Nova 330 LLC v Gazes, 693 F3d 138, 142 [2012];
Whitmarsh v Farnell, 298 NY 336, 344 [1949]; Matter of Walker v Ribotsky, 275
App Div 112, 114 [1949]).[FN3] Because the court no longer has jurisdiction,
the filing of the affidavit of service is superfluous. This stands in stark contrast to the purpose of
the affidavit of service at the commencement of the summary proceeding, where it suffices as