dliu1/legal-llama-raw-text huggingface dataset:
The court to which an application has been duly made pursuant to the provisions of either section 1601 or section 1602 is authorized to grant such application upon such terms as to it shall seem proper, if satisfied from the proceedings theretofore duly had, that the act to be authorized is expedient; or that the lease sought to be confirmed is one, the authorization of which would be expedient. The granting of such an application is not necessarily precluded by the fact that it is opposed by one or more persons having interests in the affected real property; or by the fact that the granting thereof will be in contravention of a provision contained in the instrument creating some or all of the interests in the affected real property.
N.Y. Real Prop. Acts. Law § 1604
Section 1605 - Contents of petition
An application made pursuant to the provisions of either section 1601 or section 1602 shall be by duly verified petition which must contain the following:
1. A description of the affected real property with reasonable certainty;2. A specification of the rights, shares and interest in such real property, and of the names of the owners thereof, as far as the same are known to the petitioner, together with the facts determining such interests and each of them;3. The special facts alleged to make the granting of the application proper in accordance with the provisions of section 1604;4. Any other allegation required by statute, or by rule of court.
N.Y. Real Prop. Acts. Law § 1605
Section 1606 - Notice of application1. The notice of an application made pursuant to the provisions of either section 1601 or section 1602 shall be given to each person in being who has an interest in the affected real property, or in the proceeds to be derived therefrom upon a directed sale thereof; or who is a beneficiary of a trust created relative thereto; or who has a power to appoint or to dispose of an interest therein, or in its proceeds; or who is an appointee under such a power theretofore exercised.2. Such notice shall be given in the manner following:a. If such person is a competent adult within this state, by service upon him personally of a written notice stating the time, place and purpose of the application, at least eight days prior to the presentation thereof;b. In all other cases in such manner as the court which the application is to be made shall prescribe.
N.Y. Real Prop. Acts. Law § 1606
Section 1607 - Service of notice upon presumptive members of class
When an interest in the affected real property has been limited to a class, service of the notice of the application upon those persons in being who are the presumptive members of such class at the moment immediately before the application is made shall be sufficient service as to such interest. If no such presumptive members of the class exist, the provisions of section 1608 apply.
N.Y. Real Prop. Acts. Law § 1607
Section 1608 - Guardians ad litem1. On the return day of the motion made pursuant to the provisions of either section 1601 or section 1602 the court shall appoint a guardian ad litem for any minor or other person under disability who is a party to the proceeding and is not represented by a duly acting guardian, committee or conservator.2. On the return day of the motion made pursuant to the provisions of either section 1601 or section 1602, if it appears that a future interest in the affected real property has been so limited that as yet there are neither certain nor presumptive owners thereof in being or ascertained, the court shall appoint a guardian ad litem to represent and to protect the possible interests of the person or persons who eventually may become entitled to such real property, or to an interest therein, under such limitation. The granting of an application is not necessarily precluded by the fact that as yet no person other than the applicant is in being, who can acquire a beneficial or possessory interest in the affected real property.
N.Y. Real Prop. Acts. Law § 1608
Section 1609 - Final order upon the application
After taking proof of the facts, either before the court or a referee, and hearing the parties and fully examining into the matter, the court must make a final order upon the application. In case the application is granted in whole or in part, the final order shall specify the real property to be mortgaged, leased, sold, acquired, exchanged or as to which a previously made lease is to be confirmed, and the terms and conditions upon which the authorized transaction is to be consummated or approved.
N.Y. Real Prop. Acts. Law § 1609
When the final order authorizes the acquisition or exchange of land, the trustee, upon whose application the order was made, shall execute the provisions of such order. Any acquisition or exchange of land so made or any previously made lease which is confirmed, shall have the same binding force upon the interests of the beneficiaries of such trust and upon the interests of all other persons in such real property as is stated in section 1614.
N.Y. Real Prop. Acts. Law § 1610
Section 1611 - Final order; appointment of referee
When the final order authorizes a mortgage, lease or sale upon the application of a person who is not trustee, the court in such final order must appoint a referee to execute the authorized transaction. When the application has been made by a trustee, such trustee shall execute the authorized transaction.
N.Y. Real Prop. Acts. Law § 1611
Section 1612 - Report of agreement for confirmation
Before a mortgage, lease or sale is made pursuant to a final order described in section 1609, the trustee or referee must enter into an agreement therefor, subject to the approval of the court, and must report this agreement to the court under oath.
N.Y. Real Prop. Acts. Law § 1612
Section 1613 - Order of confirmation; contents and subsequent procedures1. When the agreement reported to the court pursuant to the provisions of section 1612 appears to the court to conform in all particulars to the final order authorizing the transaction, an order shall be made approving and confirming the agreement and directing the trustee or referee to execute and to deliver the mortgage, lease or deed of such real property which is required thereby. No order of confirmation shall be withheld on the ground that the market value of such real property has changed between the execution of such agreement and the hearing of the application for confirmation thereof.2. The order of confirmation, in the discretion of the court, shall direct the payment to each participant in the proceeding of the reasonable disbursements made or incurred by him in the course of the proceeding, and shall make such reasonable allowances, as to the court seem proper, to persons who have served in the proceeding as referee, guardian ad litem, or counsel; and shall direct the mode of payment of all these allowances.3. The order of confirmation shall also include such provisions as justice may require for the application, safeguarding, management and distribution of the fund to be derived from the ordered transaction. The statutory provisions applicable to the safeguarding, management or distribution of the fund produced by a sale in an action for partition shall apply to the proceeds derived from a sale authorized by this section, so far as this is practical.
N.Y. Real Prop. Acts. Law § 1613
Section 1614 - Binding force of mortgage, sale or lease duly made with judicial approval
A mortgage, lease or conveyance duly executed and delivered in accordance with an order of confirmation, made pursuant to the provisions of section 1613, binds the interests of the applicant therefor and of all other persons who either are parties to such proceeding or are represented therein or are not entitled to notice thereof under the provisions of section 1606.
N.Y. Real Prop. Acts. Law § 1614
Section 1615 - Date of creation of affected interests
The procedure authorized by sections 1601 through 1614 shall apply equally to interests created on or after September 1, 1937; to interests created before that date but subsequent to the enactment of some statute, replaced by former sections one hundred seven through one hundred seven-m of the real property law, authorizing the like sale, mortgage, lease or other binding of such interests by a judicially authorized conveyance; and to all other interests, whenever created.
N.Y. Real Prop. Acts. Law § 1615
N.Y. Real Prop. Acts. Law § 1616
N.Y. Real Prop. Acts. Law § 1641
Section 1651 - Proceedings for voluntary partition of infant's, incompetent's or conservatee's real property1. Where an infant, person with a mental disability, or conservatee holds real property, in joint tenancy or in common, the general guardian of the infant, or the committee of the person with a mental disability, or conservator of the conservatee, may apply to the supreme court or to the county court of the county wherein the real property is situated, for authority to agree to a partition of the real property. Where such application affects the interests of an incompetent person or a conservatee who has been committed to a state institution, and is an inmate thereof, notice of such application must be given to the superintendent, acting superintendent or state officer having special jurisdiction over the institution where the incompetent person or conservatee is confined. Irrespective of the location of any real property held by an infant in joint tenancy or in common, his general guardian may make such application to the surrogate's court which appointed such guardian. A certified copy of the decree entered in the surrogate's court on such application must be recorded in the office of the clerk of each county in which is situated property affected by such decree.2. Such an application must be by a petition, which must describe the real property proposed to be partitioned; must state the rights and interests of the several owners thereof; must specify the particular partition proposed to be made; and must be verified by affidavit. The court may order notice of the application to be given to such persons as it thinks proper.3. If, after due inquiry into the merits of the application, by a reference or otherwise, the court is of the opinion that the interests of the infant, or person with a mental disability, or conservatee, will be promoted by the partition proposed, it may make an order authorizing the petitioner to agree to the partition proposed, and in the name of the infant, person with a mental disability, or conservatee, to execute releases of his right and interest in and to that part of the property which falls to the shares of the other joint-tenants or tenants in common. The court may, in its discretion, for the furtherance of the interests of said infant, person with a mental disability, or conservatee, direct partition to be so made as to set off to him or them his or their share in common with any of the other owners, provided the consent in writing thereto of such owners shall be first obtained.4. Releases so executed have the same validity and effect, as if they were executed by the person in whose behalf they are executed, and as if the infant was of full age, person with a mental disability, was of sound mind, and competent to manage his affairs, or the conservatee was competent to manage his affairs.
N.Y. Real Prop. Acts. Law § 1651
Article 17 - SPECIAL PROCEEDING FOR DISPOSITION OF REAL PROPERTY OF INFANT, INCOMPETENT OR CONSERVATEE
As used in this article:
1. The term incompetent person means a person incompetent to manage his affairs of whose property a committee has been appointed pursuant to section 78.07 of the mental hygiene law.2. The term conservatee means a person who has suffered substantial impairment of his ability to care for his property or has become unable to provide for himself or others dependent upon him for support for whom a conservator of his property has been appointed, pursuant to section 77.01 of the mental hygiene law.3. The term interest in real property includes any term, estate or other interest in real property, vested or contingent, of an infant in being, an incompetent person, or a conservatee including an inchoate right of dower and a possibility of reverter, and also the contingent interest of an infant not in being.4. The term possibility of reverter means the possibility that upon breach of a condition or termination of an estate by limitation the right of re-entry will vest in, or real property will revert to, an infant, incompetent person or conservatee or his heirs solely or in common with others.5. The term dispose of means to sell, convey, exchange, mortgage, release or lease.6. The term guardian, committee or conservator refers to the general or testamentary guardian or guardian appointed by deed of the property of the infant, or the committee of the property of the incompetent person or patient appointed pursuant to the provisions of section 78.03 or 78.07 of the mental hygiene law, the conservator of the property of a conservatee appointed pursuant to the provisions of article seventy-seven of the mental hygiene law, or to the guardian of the infant, incompetent person or conservatee appointed as prescribed by this article.
N.Y. Real Prop. Acts. Law § 1701
Section 1711 - Grounds
In any of the following cases, a special proceeding may be maintained to dispose of the real property or an interest in real property of an infant, incompetent person or conservatee.
1. Where his personal property, together with the income of the real property are insufficient for the payment of his debts or for the maintenance and necessary education of himself and his family.2. Where his interests require or will be substantially promoted by disposition, because the real property or interest in real property is exposed to waste or dilapidation, or is wholly or substantially unproductive, or because funds are needed to preserve or to improve the same, or because of other peculiar reasons or circumstances.3. Where he is seized or possessed of the real property, or interest in real property, by way of mortgage, or only in trust for another.4. Where a valid contract for the sale or conveyance of the real property or interest in real property has been made, but a conveyance thereof cannot be made because the person in whom the title is vested is an infant, an incompetent, or a conservatee.5. Where his interest will be substantially promoted by releasing or joining with others in releasing for a valuable consideration the possibility of reverter.6. Where his interest will be substantially promoted by the exchange of a portion of his real property for lands adjacent to such real property if such exchange would tend to improve the boundary line of such real property.
N.Y. Real Prop. Acts. Law § 1711
Section 1712 - By whom maintainable
The special proceeding may be maintained by the general or testamentary guardian of the property of the infant, by the committee of the property of the incompetent person or the conservator of the property of the conservatee, or by any relative or other person in behalf of the infant, incompetent person, or conservatee or by an infant of the age of fourteen years or over in his own behalf.
The special proceeding may be maintained, in a case specified in subdivisions 3 and 4 of section 1711, by a person entitled to the conveyance; and, also, in a case specified in subdivision 4 of that section, by the executor or administrator of the person who made the contract, or of a person who died seized or possessed of the real property or interest in real property, or by an heir or devisee of either of those persons, to whom the real property or interest in real property has descended or was devised. Where the proceeding is in behalf of an infant of the age of fourteen years or over the infant shall join therein.
N.Y. Real Prop. Acts. Law § 1712
Section 1721 - Notice of petition
Notice of petition shall be given, in the discretion of the court, to such persons and in such manner as the court may direct. If the proceeding affects the interest of an incompetent person or of a conservatee, notice shall be given to either the committee of property or the conservator of property, and if the incompetent person or conservatee has been committed to a state institution and is an inmate thereof, also to the attorney-general and to the director having jurisdiction over the institution where the incompetent or conservatee is confined. If the proceeding affects the interest of an infant who has a general or testamentary guardian of the property, notice shall be given to such guardian.
N.Y. Real Prop. Acts. Law § 1721
Section 1722 - Contents of petition
The petition shall state:
1. The name, age and residence of the infant, incompetent person or conservatee.2. The grounds of the proceeding.3. A description of the real property or interest to be disposed of and of the incumbrance, if any, thereon.4. The name and residence of the guardian of the infant, committee of the incompetent person or conservator of the conservatee and, where a guardian ad litem is to be appointed, the name and residence of the person proposed as the guardian ad litem, the relationship he bears to the infant, incompetent person, or conservatee and the security proposed to be given.5. In a proceeding pursuant to subdivision four of section seventeen hundred eleven of this article, that the contract was made after the advertisement of the real property for sale for a period of four successive weeks by a notice of sale posted conspicuously on the premises, and by publication of a notice of sale in the manner prescribed by section two hundred thirty-one of this chapter for publication of a notice of sale of real property made in pursuance of a judgment, provided, however, that the court may, upon cause shown, shorten such time or dispense with such advertisement.
N.Y. Real Prop. Acts. Law § 1722
Section 1731 - Infant, incompetent or conservatee a ward of court
From the time of the filing of a petition, by or in behalf of an infant, incompetent person or conservatee, praying for an order to dispose of his real property, or interest in real property, the infant, incompetent person or conservatee is considered a ward of the court with respect to that real property or interest and the income and proceeds thereof. The court shall have power to make such orders as may be necessary to further justice and to protect and conserve the rights and interests of the infant, incompetent person or conservatee.
N.Y. Real Prop. Acts. Law § 1731
Section 1741 - Reference1. The court may appoint a referee to receive evidence and report his opinion thereon.2. The referee's report shall include conclusions as to: what, if any, form, terms and conditions of disposition of the real property or interest would be beneficial to the infant, incompetent person or conservatee, and the reasons therefor; whether the infant, incompetent person or conservatee is in absolute need of some and what portion of the proceeds of such disposition, for a purpose specified in the petition, in addition to what he might earn by his own exertions; the value of the property or interest to be disposed of, specifically, as to each separate lot or parcel, with the incumbrances, if any, thereon, and whether there is any person entitled to dower or a life estate, or estate for years.
N.Y. Real Prop. Acts. Law § 1741
Section 1742 - Appraisal
When the court deems it necessary for the protection of the interests of the infant, incompetent person or conservatee, it may appoint a competent, disinterested person as appraiser, who after taking an oath fairly to appraise the real property, shall go upon the premises, and make an appraisal of the property and report the result thereof to the court. The fee of the appraiser shall be fixed by the court and be included in the costs of the proceedings. A transcript of the proof and the report of the referee or appraiser, if any, shall be filed with the final order.
N.Y. Real Prop. Acts. Law § 1742
Section 1743 - Judgment
The judgment may direct that the real property, or interest in real property, or a part thereof, be disposed of by the guardian, committee or conservator and contain directions respecting the time, manner and conditions of the disposition.
N.Y. Real Prop. Acts. Law § 1743
Section 1744 - Security1. Before the guardian, committee or conservator executes and delivers the deed, mortgage, release or lease pursuant to the judgment or receives any portion of the proceeds arising from the transaction, he shall give security for the faithful performance of his trust, for the paying over and investing of and accounting for all moneys received by the guardian, committee or conservator in the special proceeding and for the observance of the provisions of law and the directions of the court in relation to the trust. Such security shall have the same force and effect as if it had been filed before the guardian, committee or conservator acted on behalf of the infant, incompetent person or conservatee and the application to the court was made in the proceeding.2. The court may, by order, dispense wholly or in part with the giving of security if the sureties on the undertaking, if any, theretofore filed by the general or testamentary guardian of the property of the infant, the committee of the property of the incompetent person, or conservator of the property of the conservatee as well as such guardian, committee, or conservator consent to its extension to cover the special proceeding, and the court deems such extended undertaking sufficient to protect the interests of the infant, incompetent person or conservatee in such proceeding. The consent shall be in writing and shall be filed with the order dispensing with the giving of security.
N.Y. Real Prop. Acts. Law § 1744
Section 1745 - Report and confirmation of agreement and of conveyance1. Before disposition of the property can be made pursuant to the judgment, the guardian, committee or conservator must enter into an agreement therefor, subject to the approval of the court, and must report the agreement to the court under oath. Such agreement may be made either before or after the commencement of the proceeding, and if made and reported prior to the entry of the judgment, such judgment may include a confirmation thereof.2. Upon the confirmation of the agreement, either by the judgment or by a subsequent order, the guardian, committee or conservator shall execute and deliver a deed, mortgage, release or lease as directed by such judgment or order.3. Where the judgment directs the execution of a conveyance in the first instance for the purpose of fulfilling a contract, or because the property is held by way of mortgage, or in trust only, the guardian, committee or conservator executing the conveyance shall report the conveyance to the court under oath.
N.Y. Real Prop. Acts. Law § 1745
Section 1746 - When particular estates to be included in disposition
When the real property, or interest in real property, directed to be sold is subject, absolutely or contingently, to a right of dower or an estate for life, or for years, in the whole or any part thereof, the person having the prior right or estate may manifest in writing his consent, either to receive from the proceeds of the sale a gross sum to be fixed according to the principles of law applicable to annuities, in satisfaction of his right or estate, or to have a proportionate share of the proceeds of the sale invested, and the interest thereof paid to him, from the time of the investment or of the commencement of his right or estate, as justice requires, until the determination of his right or estate. Upon filing the consent with the clerk, the judgment, in the discretion of the court, may direct a sale of the entire property to which the right or estate attaches.
N.Y. Real Prop. Acts. Law § 1746