2023 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.