N.Y. RPA Law § 1351

§ 1351. Judgment of sale. 1. The judgment shall direct that the\nmortgaged premises, or so much thereof as may be sufficient to discharge\nthe mortgage debt, the expenses of the sale and the costs of the action,\nand which may be sold separately without material injury to the parties\ninterested, be sold by or under the direction of the sheriff of the\ncounty, or a referee within ninety days of the date of the judgment. The\njudgment shall also include the name and telephone number of the\nmortgage servicer for a plaintiff involving a mortgage foreclosure of a\none- to four-family residential property.\n 2. Where the mortgage debt is not all due, and the mortgaged property\nis so circumstanced that it can be sold in parcels without injury to the\ninterests of the parties, the final judgment shall direct that no more\nof the property be sold in the first place than is sufficient to satisfy\nthe sum then due, with the costs of the action and expenses of the sale.\nUpon a subsequent default in the payment of principal or interest the\nplaintiff may apply for an order directing the sale of the residue, or\nof so much thereof as is necessary to satisfy the amount then due, with\nthe costs of the application and the expenses of the sale. The plaintiff\nmay apply for and obtain such an order as often as a default happens. If\nit appears that the mortgaged property is so circumstanced that a sale\nof the whole will be most beneficial to the parties, the final judgment\nmay direct that the whole property be sold discharged from the entire\nmortgage debt and that the proceeds of the sale, after deducting the\ncosts of the action and the expenses of the sale, be either applied to\nthe satisfaction of the whole sum secured by the mortgage, with such a\nrebate of interest as justice requires; or be first applied to the\npayment of the sum due, and the balance, or so much thereof as is\nnecessary, be invested at interest for the benefit of the plaintiff, to\nbe paid to him from time to time as any part of the principal or\ninterest becomes due, or may, at the option of the mortgagee, direct\nthat the whole property be sold to satisfy the debt then due with the\ncosts of the action and expenses of the sale, subject to the continuing\nlien of the mortgage for the amount of the debt not then due and unpaid\naccording to its terms. The provisions of this section shall not limit\nor affect the plaintiff's right to judgment and sale in an action\nspecified in section 1315.\n 3. If it appears to the satisfaction of the court that there exists no\nmore than one other mortgage on the premisis which is then due and which\nis subordinate only to the plaintiff's mortgage but is entitled to\npriority over all other liens and encumbrances except those described in\nsubdivision 2 of section 1354, upon motion of the holder of such\nmortgage made without valid objection of any other party, the final\njudgement may direct payment of the subordinate mortgage debt from the\nproceeds in accordance with subdivision 3 of section 1354.\n