dliu1/legal-llama-raw-text huggingface dataset:
section shall not operate to invalidate any  such  deed,  heretofore  or
hereafter  executed,  in  which  the  description fails to designate the
city, town and village in which the real property is located, nor affect
the record of any such deed accepted for record and recorded, heretofore
or hereafter contrary to the provisions of this section, nor impair  any
title founded on such deed or record.
1-e.  i.  A recording officer shall not record or accept for recording
any conveyance of real property affecting land in New York state  unless
accompanied by one of the following:
(1)  a  receipt  issued  by  the  commissioner of taxation and finance
pursuant to subdivision (c) of section fourteen hundred twenty-three  of
the tax law; or
(2)  a transfer report form prescribed by the commissioner of taxation
and finance, and the fee prescribed pursuant  to  subdivision  three  of
ii. Such transfer report form shall contain information as required by
such commissioner including:
(1) the mailing address of the new owner;
(2)  the  tax  billing  address, if different from the owner's mailing
address;
(3) the appropriate tax map designation, if any;
(4) a statement of the full sales price relating thereto;
(5) a statement  indicating  whether  the  parcel  is  located  in  an
agricultural  district  and, if so, whether a disclosure notice has been
provided pursuant  to  section  three  hundred  thirty-three-c  of  this
article  and  section  three  hundred ten of the agriculture and markets
law;
(6) a statement indicating whether the property described in such deed
is the entire parcel owned by the transferor or transferors;
(7) in the event the parcel conveyed by such deed is a portion of  the
parcel  owned  by  the transferor or transferors, a statement indicating
whether the city, town or village in which such property is situated has
a planning board or other entity empowered to approve subdivisions; and
(8) in the event such planning board or other entity is  empowered  to
approve subdivisions, a statement indicating whether the parcel conveyed
by such deed is (a) not subject to such subdivision approval or (b) such
subdivision  has  been  approved by the respective city, town or village
planning board or other entity empowered to approve subdivisions.
iii. Such transfer report form shall not constitute  part  of  nor  be
retained with the record of conveyance.
iv. For the purposes of this subdivision:
(1) Tax billing address means the address designated by the owner to
which tax bills shall be sent.
(2) Full sales price means the price actually paid or required to be
paid for the real property or interest therein, whether paid or required
to  be  paid  by money, property, or any other thing of value, including
the cancellation or discharge of an indebtedness or obligation, and  the
amount  of  any  lien  or  encumbrance  on the real property or interest
therein which existed before the delivery of the deed and which  remains
thereon  after  the  delivery of the deed, but excluding the fair market
value of any personal property received by the buyer.
(3) Qualifying farm property means property for which  the  property
classification  code on the latest final assessment roll, as reported on
the transfer report form, is in the agricultural category.
(4)  Qualifying  residential property means property which satisfies
at least one of the following conditions:
(a) The property classification code assigned to the property  on  the
latest  final  assessment roll, as reported on the transfer report form,
indicates that the property is a one, two or  three  family  home  or  a
rural residence, or
(b)  The  transfer report form indicates that the property is one, two
or three family residential property that has been newly constructed  on
vacant land, or
(c)  The  transfer  report  form  indicates  that  the  property  is a
residential condominium.
v. (1) The  provisions  of  this  subdivision  shall  not  operate  to
invalidate  any  conveyance  of  real  property where one or more of the
items designated as subparagraphs one through eight of paragraph  ii  of
this  subdivision,  have not been reported or which has been erroneously
reported, nor affect the record  contrary  to  the  provisions  of  this
subdivision, nor impair any title founded on such conveyance or record.
(2) Subject to the provisions of section fourteen hundred twenty-three
of  the  tax  law,  such  form  shall  contain  an affirmation as to the
accuracy of the contents made both by the transferor or transferors  and
by  the  transferee  or  transferees.  Provided,  however,  that  if the
conveyance of real property occurs as a result of a  taking  by  eminent
domain,   tax   foreclosure,   or   other  involuntary  proceeding  such
affirmation may be made only by either the condemnor, tax  district,  or
other  party  to whom the property has been conveyed, or by that party's
attorney. The affirmations required by this paragraph shall be  made  in
the  form  and  manner  prescribed  by  the  commissioner, provided that
notwithstanding any provision of law to the contrary, affirmants may  be
allowed,   but   shall  not  be  required,  to  sign  such  affirmations
electronically.
vi. Any deed executed and delivered  prior  to  July  first,  nineteen
hundred  ninety-four  may  nevertheless be recorded in the office of the
county clerk providing there is submitted therewith,  and  in  place  of
such  form, a separate statement signed by the transferor or transferors
and the transferee  or  transferees  or  any  person  having  sufficient
knowledge to sign such form which contains the same information required
by   the   commissioner   of  taxation  and  finance  as  set  forth  in
subparagraphs one through four of paragraph ii of this subdivision.
1-f. Each conveyance of real property affecting land in Suffolk county
presented to the recording officer of such county for  recording  shall,
in  addition  to complying with the requirements of subdivision one-e of
this section, contain in the body thereof or have endorsed  thereon  the
map  designation  or  designations  of  the  property  maps  of the real
property tax service agency of such county.  The  recording  officer  of
such  county  shall  not  record or accept for record, any conveyance of
real property affecting land in such county unless  said  instrument  of
conveyance  is  accompanied by a three dollar certification fee for each
parcel of real property conveyed, to defray the cost  of  verifying  the
tax  map designation prior to recording. This certification fee shall be
payable to the Suffolk county clerk and shall  be  in  addition  to  any
other  applicable  recording  fees  or  charges.  The provisions of this
subdivision shall not operate to invalidate any conveyance of such  real
property  on which the appropriate map designation or designations shall
not have been stated or which  may  have  been  erroneously  stated  nor
affect  the  record  contrary to the provisions of this subdivision, nor
impair any title founded on such conveyance or record.
2.  A  recording  officer  shall  not  record or accept for record any
conveyance of real property, unless said conveyance in its entirety  and
the  certificate  of  acknowledgment  or  proof  and  the authentication
thereof, other than  proper  names  therein  which  may  be  in  another
language  provided  they  are  written in English letters or characters,
shall be in the English language, or unless such conveyance, certificate
of  acknowledgment  or  proof,  and  the   authentication   thereof   be
accompanied  by  and  have attached thereto a translation in the English
language duly executed and acknowledged by the person or persons  making
such  conveyance and proved and authenticated, if need be, in the manner
required of conveyances for recording in this  state,  or,  unless  such
conveyance,   certificate   of   acknowledgment   or   proof,   and  the
authentication thereof be accompanied by and  have  attached  thereto  a
translation in the English language made by a person duly designated for
such  purpose  by  the county judge of the county where it is desired to
record such conveyance or a justice of the supreme  court  and  be  duly
signed,  acknowledged  and  certified  under oath or upon affirmation by
such person before such judge, to be a true and accurate translation and
contain a certification of the designation of such person by such judge.
3. (i) When a recording officer is presented  with  a  conveyance  for
recording that is accompanied by a receipt issued by the commissioner of
taxation  and  finance  pursuant  to subdivision (c) of section fourteen
hundred twenty-three of the tax law, such  recording  officer  shall  be
relieved  of  the  responsibility  to  collect the fee described by this
subdivision. He or she shall nonetheless be entitled to the  portion  of
such  fee  that he or she would otherwise have deducted pursuant to this
subdivision, as provided by subdivision (b) of section fourteen  hundred
twenty-three of the tax law.
(ii)  When  a  recording  officer  is  presented with a conveyance for
recording that is not accompanied by such a receipt,  he  or  she  shall
impose  a fee of two hundred fifty dollars, or in the case of a transfer
involving  qualifying  residential  or  farm  property  as  defined   by
paragraph  iv of subdivision one-e of this section, a fee of one hundred
twenty-five dollars, for every real  property  transfer  reporting  form
submitted  for recording as required under subparagraph two of paragraph
i of subdivision one-e of this section. In the city  of  New  York,  the
recording  officer  shall  impose  a fee of one hundred dollars for each
real property  transfer  tax  form  filed  in  accordance  with  chapter
twenty-one of title eleven of the administrative code of the city of New
York,  except  where  a  real  property  transfer reporting form is also
submitted for recording for the transfer as required under  subparagraph
two  of  paragraph i of subdivision one-e of this section. The recording
officer shall deduct nine dollars from such fee and remit the  remainder
of  the  revenue  collected  to the commissioner of taxation and finance
every month for deposit into the general fund. The amount duly  deducted
by  the recording officer shall be retained by the county or by the city
of New York.
§  333-a.  Same;  maps to be filed.  No conveyance of real property or
other document relating to real property,  executed  on  or  after  July
first,  nineteen  hundred  thirty-one,  which contains a recital of or a
reference to a map made on or after that date  or  which  has  thereunto
attached  such  a  map, shall be received for record or recorded by such
recording officer unless and until a duplicate of such map, prepared  in
the  same  manner  as  prescribed for the preparation of maps in section
three hundred and thirty-four of this chapter, shall  be  filed  in  the
office  of such recording officer and no map, attached to any conveyance
or other document relating to real property, shall exceed  the  standard
legal  cap  size,  except that in the county of Putnam the size shall be
not less than twenty by twenty inches and not more  than  thirty-six  by
forty-eight  inches  in size and that in the counties of Westchester and
Dutchess the size shall not  be  more  than  thirty-six  by  forty-eight
inches. This section shall not apply to the counties of New York, Kings,
Queens, Nassau, Suffolk, Bronx, Onondaga, Erie, Monroe or Richmond.
Notwithstanding  any of the provisions of this section a conveyance of
real property or other document relating to real property shall  not  be
invalid  or  void  for  failure to file therewith any map referred to in
such conveyance or document.
§ 333-b. Recording of maps or plot plans. 1. Notwithstanding any other
provisions  of  this  article,  a  map  or  plot  plan  showing property
boundaries and data not relating to subdivisions and the filing  thereof
may be recorded in the same manner as a deed, if the map or plot plan is
attached  to  the  conveying  instrument.  A  map  or plot plan recorded
pursuant  to  this  section  shall  clearly  delineate  and  locate   by
dimensions  the  parcel  or  interest  conveyed in such manner that such
parcel or interest can be located on the premises affected. Such map  or
plot  plan  may appear on one or more pages as needed, shall be drawn on
legal size paper and shall have lettering thereon no smaller than  elite
type,  and  all  lines  shall be legible and of sufficient size for easy
reading after photocopying or microfilming. The  recording  officer  may
reject or refuse to record any map or plot plan that is unclear, crowded
and not suitable for photocopying.
2.  If  the  property  is  situated  in a county maintaining a tax map
department, it shall be the duty of the person, corporation or agent who
offers such map or plot plan for recording to deliver to and leave  with
the  recording  officer  a  duplicate copy of the map or plot plan. Such
duplicate copy shall be transmitted to the  tax  map  department  on  or
before  the  fifteenth  day of each month by the recording officer or by
such other officer  or  agency  as  may  be  designated  by  the  county
legislative body.
§  333-c.  Lands  in  agricultural  districts; disclosure. 1. When any
purchase and sales contract is presented  for  the  sale,  purchase,  or
exchange  of  real  property  located  partially  or  wholly  within  an
agricultural district established pursuant to the provisions of  article
twenty-five-AA  of  the  agriculture  and  markets  law, the prospective
grantor shall present to the prospective  grantee  a  disclosure  notice
which states the following:
It  is  the  policy  of  this  state  and this community to conserve,
protect and encourage the development and  improvement  of  agricultural
land  for  the  production of food, and other products, and also for its
natural and ecological  value.  This  disclosure  notice  is  to  inform
prospective  residents  that the property they are about to acquire lies
partially or wholly within an agricultural  district  and  that  farming
activities  occur  within  the  district.  Such  farming  activities may
include, but not be limited to, activities that cause  noise,  dust  and
odors.  Prospective  residents  are  also  informed that the location of
property within an agricultural  district  may  impact  the  ability  to
access  water  andor  sewer  services  for  such property under certain
circumstances.  Prospective purchasers are urged to contact the New York
State  Department  of  Agriculture  and  Markets  to  obtain  additional
information  or  clarification  regarding  their  rights and obligations
under article 25-AA of the Agriculture and Markets Law.
2. Such disclosure notice shall be signed by the  prospective  grantor
and  grantee  prior  to  the  sale,  purchase  or  exchange of such real
3. Failure of the seller to provide  such  information  to  the  buyer
shall not prevent the recording officer from filing such deed.
§  334.  Maps  to  be filed; penalty for nonfiling. 1. It shall be the
duty of every person or corporation who, as owner or  agent,  subdivides
real  property  into  lots,  plots,  blocks  or  sites,  with or without
streets, for the purpose of offering such lots, plots, blocks  or  sites
for  sale  to  the  public,  to  cause  a  map  thereof, together with a
certificate of the licensed  land  surveyor  filing  said  map  attached
showing  the  date of the completion of the survey by said land surveyor
and of the making of the map by said land surveyor and the name  of  the
subdivision  as  stated  by  the owner, to be filed in the office of the
county clerk or, in any county having a register of deeds, in the office
of the register of deeds, of the county where the property  is  situated
prior to the offering of any such lots, plots, blocks or sites for sale;
and  a  duplicate  copy of such map shall also be filed in the office of
the city, town or village clerk, where the property is situated, and, if
situated in a county maintaining a tax map department, a copy shall also
be filed with such department, before any such sale.
2. All such maps must be printed upon linen or canvas-backed paper  or
drawn  with  a pen and India ink upon tracing cloth or printed on mylar,
and must be a minimum of eight and one-half inches by eleven inches, and
a maximum of thirty-four inches by forty-four  inches  in  size,  except
that  in  the  counties  of  Westchester,  Putnam  and Rockland all maps
presented for filing must be printed or drawn  with  pen  and  ink  upon
tracing  cloth  or  printed  on  mylar;  except  that in the counties of
Saratoga, Otsego, Dutchess and Monroe, all maps presented for filing  in
the  office  of  the  county clerk must be printed or drawn with pen and
India ink  upon  transparent  tracing  cloth  or  printed  on  mylar  or
polyester film or be photographic copies on transparent tracing cloth or
printed  on  mylar  or  polyester film and further, that such maps to be
filed in the counties of Saratoga and Otsego  shall  be  not  less  than
eight and one-half inches by fourteen inches nor more than thirty inches
by  forty-two  inches  in size; except that in the county of Clinton all
maps presented for filing in the office of  the  county  clerk  must  be
printed  or  drawn  with pen and ink upon tracing cloth or canvas-backed
paper or printed  on  mylar  and  must  be  either  eighteen  inches  by
twenty-four  inches  or twenty-four inches by thirty-six inches in size,
and in the county of Putnam must be  not  less  than  twenty  inches  by
twenty  inches and not more than thirty-six inches by forty-eight inches
in size, and in the counties of Warren, Sullivan  and  Greene  all  maps
presented  for  filing  must  be printed or drawn with pen and India ink
upon transparent tracing cloth or polyester film or printed on mylar  or
be photographic copies on transparent tracing cloth or polyester film or
printed  on  mylar  and  further,  that  such maps to be filed in Warren
county, must be not less than eight and one-half inches by eleven inches
nor more than twenty-two inches by thirty-four inches, in the county  of
Sullivan  must  be  not  less  than  eight and one-half inches by eleven
inches nor more than twenty-four inches by thirty-six inches and in  the
county  of Greene must be not less than twelve inches by eighteen inches
nor more than  twenty-four  inches  by  thirty-six  inches  and  in  the
counties  of  Westchester  and  Dutchess  must  be  thirty-six inches by
forty-eight inches or less in size, and that such maps to  be  filed  in
the  county  of  Monroe shall be in any one of the following sizes only:
seventeen inches by twenty-two inches, twenty-two inches by  thirty-four
inches   or   thirty-four   inches  by  forty-four  inches.  Every  such
subdivision map of property in  the  towns  of  Tonawanda,  Evans,  West
Seneca,  Cheektowaga, Amherst, Lancaster, Grand Island, Aurora, Concord,
Collins, Alden, Newstead, Clarence, Elma, Orchard Park and Hamburg, Erie
county, located wholly or partly outside an incorporated village,  shall
before  the  filing thereof as herein provided, have attached thereto in
writing, the approval of the town board of such town, and every such map
of property located wholly or partly in an incorporated village in  such
town,  shall,  if  located  wholly  within the village have attached the
approval  of the board of trustees of the village, and if located partly
within a village and partly within one of such towns, have attached  the
approval of both the town board of the town and the board of trustees of
the village.
2-a.  Notwithstanding  any  other provisions in this article, a county
clerk may adopt a  system  to  receive  and  retain  maps  utilizing  an
electro-mechanical,  electronic  or  any other method they deem suitable
for receiving and retaining maps.
3. Every such map of subdivided land, whether intended as an  original
subdivision  or  as  an  alteration  of  a prior subdivision, shall have
endorsed thereon or annexed thereto at the time such map is  offered  to
be  filed  a  certificate  of the county treasurer or of an abstract and
title company and a certificate of the tax  collecting  officer  of  any
county,  city, town or village wherein such property or any part thereof
is situate, stating that all taxes levied and unpaid  and  in  addition,
all taxes which are a lien prior to the time such original or subsequent
map is offered to be filed, whether assessed against the entire tract of
land  or against any lot or other part of such land, have been paid, and
a certificate of the county director of real property tax services  that
the  fee  authorized  by section five hundred three of the real property
tax law, if any, has been paid and the county clerk shall not  file  any
such  map  without  such  endorsements or certificates. All of such maps
shall be placed and kept, by some suitable method, in consecutive  order
and  shall  be  consecutively  numbered in the order of their filing and
shall be indexed under the initial letters of all  substantives  in  the
title of the subdivision.
4.  A  failure  to  file any such map as required by the provisions of
this section shall subject the owner of  such  subdivision,  or  of  the
unsold lots therein, to a penalty to the people of the state of not less
than  twenty-five  dollars  and  not more than three hundred dollars for
each and every lot therein sold and conveyed by or for such owner  prior
to the due filing of such map.
Such penalty shall be recovered in an action brought by the city, town
or village in which the subdivision or part thereof is located.
5.  In  case the lands sought to be shown upon the subdivision map are
contiguous to the navigable waters of the state  and  have  frontage  on
such  waters, such map shall show the extension of the littoral property
line or lines of such lots, plots,  blocks,  sites  or  units  from  the
intersection  of  said  line or lines with the high water mark into said
navigable waters of the state. Such map shall show  sufficient  data  to
define  the  location of the riparianlittoral area associated with such
lots, plots, blocks, sites or units.
6. All moneys recovered as penalties for the violation of this section
by town justices shall be paid to the state  comptroller  in  accordance
with  the provisions of section twenty-seven of the town law, and moneys
so recovered by village justices shall be paid to the state  comptroller
in  accordance  with the provisions of section 4-410 of the village law.
The state  comptroller  shall  retain  one-third  of  such  penalty  and
transmit one-third to the town or village in which the remitting town or
village  justice  is  located to be credited to the general fund of such
town or village. The state comptroller shall also send to the county  in
which  the  property is located one-third of such penalty to be credited
to the general fund of the county.
7. Except in a city with a population of  one  million  or  more,  all
moneys  recovered  as  penalties  for the violation of this section by a
city court shall be paid to the chief fiscal officer of the city  within
thirty  days  of  receipt  by  the city court. Such chief fiscal officer
shall send one-third of such penalty recovered to the state  comptroller
and  one-third  of  such  funds  to  the general fund of the county. The
balance shall be credited to the general fund of the city.
§  334-a.  Filing  of  subdivision  maps in Nassau county; penalty for
non-filing. 1. It shall be the duty  of  every  person  or  corporation,
excepting  church  cemetery  corporations attached to a religious parish
within the county of Nassau, who, as owner or  agent  of  real  property
situated  in the county of Nassau, subdivides the same into lots, plots,
blocks, sites, or units with or without  streets,  for  the  purpose  of
offering  such  lots,  plots,  blocks,  sites,  or units for sale to the
public, regardless of whether they are offered or conveyed by lot,  plot
or   block  designations,  units  (including  shares  in  a  cooperative
corporation), or by metes and bounds, prior  to  the  offering  of  such
lots,  plots,  blocks,  sites  or units for sale, to file or cause to be