NY Rel Corps L § 16 (2021)
2021 New York Laws RCO - Religious Corporations Article 2 - General Provisions 16 - Property of Extinct Churches.

§  16.  Property of extinct churches. Such incorporated governing body   may decide that a church, parish or society in  connection  with  it  or   over which it has ecclesiastical jurisdiction, has become extinct, if it   has  failed  for  two  consecutive years next prior thereto, to maintain   religious service according to the discipline,  customs  and  usages  of   such  governing  body,  or has had less than thirteen resident attending   members paying annual pew rent, or making annual  contributions  towards   its  support,  or  in  case of a United Methodist church, if such action   have the consent of the presiding  bishop  and  of  a  majority  of  the   district  superintendents  of  the annual conference and of the district   board of church location and building  of  the  district  in  which  the   action  is  contemplated,  or  in  case  of  a  parish of the Protestant   Episcopal Church, if such parish has ceased for  two  consecutive  years   next  prior  thereto,  to  have  a sufficient number of men qualified to   elect or to serve  as  wardens  and  vestrymen  therein,  and  may  take   possession  of  the temporalities and property belonging to such church,   parish or religious society, and manage the same; or may,  in  pursuance   of the provisions of law relating to the disposition of real property by   religious  corporations,  sell  or  dispose  of  the  same and apply the   proceeds thereof to any of the purposes to which the  property  of  such   governing  religious  body  is  devoted,  and  it  shall not divert such   property to any other object. And for the purpose of obtaining a  record   title to the land and the church edifice, or other buildings thereon, by   such  incorporated  governing body, the surviving trustee or trustees of   said extinct church,  or  if  there  be  no  surviving  trustee  then  a   surviving  member  of  said extinct church, may, without a consideration   being paid therefor by such incorporated governing body,  convey  to  it   said  land  and  church  edifice,  or  other buildings thereon, subject,   however, to an order of  the  supreme  or  county  court  based  upon  a   petition  reciting that said church has become extinct; the names of its   surviving trustee or trustees, and the names of its  members,  who  must   have  given  their  consent  to  the making of said conveyance. Upon the   recital of said facts in said petition the court shall have jurisdiction   to grant an  order  allowing  said  conveyance  to  be  made  without  a   consideration;  and  should there be no surviving members, as well as no   surviving trustees of said extinct church, said petition may be made  by   an  officer  of  such  incorporated  governing  body, in which event the   court, upon a recital of said fact, shall have jurisdiction to appoint a   suitable person as trustee for the purpose of  making  said  conveyance.   And  in  case of a Reformed Church of America, Dutch Reformed Church, or   Reformed Dutch Church in the United States  of  America  or  the  United   Reformed  Dutch  and  Lutheran  Church  of  America  or  a parish of the   Protestant Episcopal  Church,  a  Universalist  Church  or  Society,  an   incorporated  United  Methodist Church, or an incorporated church of the   United Church of Christ, or  an  incorporated  Congregational  Christian   Church,  should  either  of  such  surviving  members  or such surviving   trustee of said extinct church refuse to  act  and  sign  said  petition   after  request  by  an officer of said governing body of said last-named   churches personally made by such officer, then said petition may be made   by an officer of such incorporated governing body and in that event  the   court  shall  have  jurisdiction  and  may  appoint a suitable person as   trustee for the purpose of making said conveyance. And in  the  case  of   said  last-named  Reformed  churches,  or  of a parish of the Protestant   Episcopal Church, a Universalist  Church  or  Society,  an  incorporated   United  Methodist  Church,  or  of  an incorporated church of the United   Church of Christ or of an incorporated Congregational Christian  Church,   the  trustees  of  any such extinct church, the treasurer thereof or any   person acting in either of said capacities may be required to show cause    before the supreme court at a special term thereof held in the  judicial   district  in  which  said church shall be located why they should not be   required to give an account of all moneys and property  of  said  church   which  they shall have in their hands or under their control and in case   of their failure to show such causes they be required to account  before   said  court  for  all the properties and moneys of the said church which   shall be in their hands or under their control, and after the payment of   all the claims against such church, if any, and  the  expenses  of  such   proceeding, if it shall further appear that none of such property in the   hands of said persons is required for the further support or maintenance   of  said church, said money and proceeds thereof shall be directed to be   paid and turned over to said governing religious body to  apply  to  the   purposes  to  which  the  property of such governing body is devoted. An   application or such order to show cause shall  be  made  by  a  verified   petition,  which  petition  may  be  made by said governing body of said   church or any officer thereof. Where a proceeding  is  instituted  under   this  section  for the sale of the real property of an extinct religious   corporation, a compliance with paragraphs five, six, seven and eight  of   section  five hundred eleven of the not-for-profit corporation law shall   be unnecessary, and such proceedings shall  be  in  all  respects  valid   without  a  compliance with said subdivisions. Any gift, legacy, devise,   annuity, or other benefit to a United Methodist Church that  accrues  or   becomes  available  after  said  church  has become extinct shall be and   become the property of the trustees  of  the  annual  conference  within   whose  jurisdiction  the  said  extinct  church  was  located. Any gift,   legacy, devise, annuity or other benefit to  a  Universalist  Church  or   Society  that  accrues or becomes available after said church or society   has become extinct shall be and become the  property  of  the  New  York   State  Convention  of  Universalists, as the governing religious body of   every active, extinct or disbanded Universalist church or society within   the bounds of the State of New York. The  New  York  Conference  of  the   United  Church  of Christ, Inc.  shall be deemed the governing religious   body of every extinct or disbanded church of the United Church of Christ   and of any extinct or disbanded Congregational Christian Church which is   a member of the New York Conference of the United Church of Christ, Inc.   within the meaning of this section. The provisions of this section shall   not apply to any Presbyterian church  in  connection  with  the  General   Assembly of the Presbyterian Church (U.S.A.).