2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 19-B - Special Proceeding to Convey Title to Abandoned Commercial and Industrial Real Property to City, Town, or Village › 1982 - Notice.

* §   1982.  Notice.  1.  If  the  department  proposes  to  institute
proceedings pursuant to  this  article,  it  may  file  a  copy  of  the
certification  and a notice of intention to commence such proceedings in
the office of the clerk  of  the  county  in  which  the  commercial  or
industrial real property is located. Such notice shall contain the names
of  all persons required to be served pursuant to this section and shall
otherwise meet the requirements of subdivision (b)  of  rule  sixty-five
hundred  eleven of the civil practice law and rules. The notice shall be
indexed by the clerk in the manner prescribed by subdivision (c) of rule
sixty-five hundred eleven of the civil practice  law  and  rules  for  a
notice  of  pendency  of  action  and shall have the same effect as such
notice. It shall expire one year after filing, if no proceeding pursuant
to this article has been commenced. Except as otherwise provided herein,
all of the provisions of article sixty-five of the  civil  practice  law
and  rules  shall  be  applicable  to  the notice filed pursuant to this
article.
2. The department shall serve upon the  owner  of  the  commercial  or
industrial  real property, a copy of the certification. Service shall be
made personally or by posting in a conspicuous place upon the commercial
or industrial real property and mailing a copy by certified mail to  the
last  known  owner  at  such owner's last known address. The copy of the
certification shall be accompanied by a notice stating that  proceedings
pursuant to this article may be instituted unless the owner notifies the
department  that  the property has not been abandoned. Such notification
shall be made by a showing that the conditions upon which  the  findings
in  such  certification  are  based do not exist or have been corrected.
Such showing shall be made not later than thirty days after the date  of
such notice.
3.  Within  five days of the service of notice on the owner, a copy of
the certification shall be served on each mortgagee, lienor  and  lessee
of  record,  personally or by certified mail or overnight courier to the
address set forth in the recorded instrument or, if no  address  appears
therein,  to  the  person  at whose request the instrument was recorded.
Such copy shall, in the case of a mortgagee or lienor, be accompanied by
a notice that proceedings pursuant to this  article  may  be  instituted
unless  the  mortgagee  or  lienor, within forty-five days of receipt of
such mailing, either commences proceedings to foreclose the mortgage  or
lien  or  enters  into  an  agreement  with  the department to bring the
building into compliance with the applicable provisions of law.
4. If the name or address of
(a) the last owner of record, or
(b) any owner, mortgagee, lienor, or  claimant  as  shown  on  records
maintained  by  any  city official required by any local law to maintain
records of persons entitled to notice or process in connection with  the
maintenance of in rem foreclosure actions, or
(c)  the  person  listed  as  the  owner of the property on the latest
completed assessment  roll,  is  different  from  that  referred  to  in
subdivisions  two and three of this section, a copy of the notice to the
owner, or to a mortgagee or lienor, whichever is applicable, shall  also
be  sent  to  such person at such address by certified mail or overnight
courier.
(c) the person listed as the owner  of  the  property  on  the  latest
completed assessment roll,
is different from that referred to in subdivisions two and three of this
section, a copy of the notice to the owner, or to a mortgagee or lienor,
whichever  is  applicable,  shall  also  be  sent to such person at such
address by registered mail.
* NB Repealed June 30, 2025