NY Real Prop Actions L § 1974 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 19-A - Special Proceeding to Convey Title to Abandoned Dwelling to City, Town or Village 1974 - Decision and Judgment of Court.

§  1974.  Decision  and  judgment  of  court.  1.  If any party to the proceeding contests the issue of abandonment, the burden of proving that the dwelling is abandoned shall be upon the department,  and  the  court shall make a finding based on the facts before it.   2.  (a) Upon application by any party to the proceeding, the court may order a stay of the proceeding for such time as the court  deems  proper to  permit the mortgagee or lienor to foreclose his mortgage or lien and to permit the owner, mortgagor or lienor to enter the property  to  make repairs  or  if the property be vacant to seal or continuously guard the building as required by law. The court may impose such  terms  upon  the owner,  mortgagee  or lienor as it deems proper for the issuance of said order, including the posting  of  such  security,  if  any,  as  it  may require.  At  the  expiration of the period prescribed by the court, the court may extend the time of the owner, mortgagee or  lienor  to  comply with the order, dismiss the proceeding if the owner, mortgagee or lienor has  substantially  complied  with  the  order,  or  issue a judgment as provided in subdivision three of this section, if the court  finds  that the owner, mortgagee or lienor has failed to comply with the order.  (b)   Notwithstanding  paragraph  (a)  of  this  subdivision,  if  the department has brought a proceeding pursuant to section nineteen hundred seventy-three of this chapter based on a finding of abandonment pursuant to  paragraph  (c)  of  subdivision  one  of  section  nineteen  hundred seventy-one  of  this  chapter,  the court may not grant a stay for more than six months, nor extend it for more than an additional three months.   3. Upon a finding by the court that the  dwelling  is  abandoned,  the court  shall enter a final judgment in favor of the petitioner. The fact that an administrator has been appointed pursuant to article seven-A  of this  chapter shall not prevent the court from entering a final judgment in favor of the petitioner upon a finding by the court that the dwelling is abandoned. The final judgment shall direct such officer of the  city, town or village in which the dwelling is located as may be designated in the  judgment  to  execute  and  record  a  deed  conveying title of the premises to the city,  town  or  village  thirty  days  after  entry  of judgment.  Upon  the  entry  of  such judgment the city, town or village shall be seized of an estate in fee simple absolute in such land and all persons,  including  the  state  of  New  York,  infants,  incompetents, absentees and non-residents who may have had any right, title, interest, claim,  lien  or  equity  of  redemption  in or upon such lands shall be barred and forever foreclosed of all such right, title, interest, claim, lien or equity of redemption.   4. The provisions of section three  hundred  seventeen  of  the  civil practice  law  and  rules  shall  not  apply  to a proceeding instituted pursuant to this article. A motion or action to set aside a judgment  in a  proceeding  instituted prusuant to this article on the grounds either that there was a failure to comply with the provisions of  this  article as to notice or that a defect in the proceeding prejudiced a substantial right  of  a  party  may be instituted within ninety days after the deed vesting title in a city has been recorded, but not thereafter.   5. The right, title and interest of a purchaser or incumbrancer  of  a property as to which a deed vesting title in a city, town or village has been recorded pursuant to a judgment obtained through this article shall not  be  affected or impaired by a motion or action instituted more than ninety days after such deed vesting title in a city, town or village has been recorded.