NY Real Prop L § 390 (2021)
2021 New York Laws RPP - Real Property Article 12 - Registering Title to Real Property 390 - Title in Lands Vested; Clouds Thereon Removed.

§  390.  Title  in  lands  vested;  clouds  thereon  removed.  In  any   proceeding under this article, the court may find and decree in whom the   title to or any right or interest in the property or any part thereof is   vested, whether in the petitioner, or  in  any  other  person,  and  may   remove  clouds from the title, and may determine whether or not the same   is subject to any lien or incumbrance, estate, right, trust or interest,   and may declare and fix the  same,  and  may  direct  the  registrar  to   register such title, right, or interest, and in case the same is subject   to any lien, incumbrance, estate, trust or interest, may give directions   as  to  the  manner  and  order  in which the same shall appear upon the   certificate of title to be issued by the  registrar,  and  generally  in   such  a  proceeding,  the  court  may  make  any and all such orders and   directions as shall be according  to  equity  in  the  premises  and  in   conformity  to  the  principles  of  this article. But no final order or   judgment of registration of a title shall be made or entered until proof   is duly made in the proceeding by the report of an official examiner and   by the certificate or receipt of the officer  entitled  to  collect  the   taxes,  assessments  or  water  rents,  that  all taxes, water rents and   assessments that may at that time be a lien on the  property,  right  or   interest  the  title to which is so registered, have been fully paid and   discharged, unless the court directs the title to be registered  subject   to any such tax, water rent or assessment, which said tax, water rent or   assessment  must  then  be  noted on the certificate of title. Where the   title  to  be  registered  is  subject  to  restrictive   covenants   or   agreements,   and  it  shall  appear  to  the  court  either  that  said   restrictive covenants or agreements have been violated or that by reason   of the proper parties not  having  been  joined  the  court  should  not   proceed  to  determine  whether said restrictive covenants or agreements   have  or  have  not  been  violated,  then  in  either  case  title  may   nevertheless   be  registered;  but  the  final  order  or  judgment  of   registration must direct the registration to be "subject to any question   as to whether covenants (specifying them) have been violated, " and  the   certificate  of  title  shall so note; and then the rights in respect to   such covenants of any person interested therein shall not be affected by   such final order or judgment or registration.  When the land  the  title   to  which is to be registered abuts upon any street, avenue, road or way   the final  order  or  judgment  of  registration  may  provide  for  the   registration  of  the  petitioner's  interests  or rights in and to such   street, avenue, road or way; but if such final order or judgment fail so   to provide, then the interests or  rights  of  the  petitioner  in  such   street, avenue, road or way shall become and be parcel of or appurtenant   to  the  property registered, and shall be included in any conveyance of   or incumbrance or lien upon  such  registered  property,  unless  it  is   expressly  reserved  in or excepted from such conveyance, incumbrance or   lien. Such express reservation or exception shall be effected only by  a   clause  directly reserving or excepting such interests or rights in such   street, avenue, road or way and shall not be implied from  the  language   used  in  any  description  of the registered property subsequent to the   initial registration thereof.