reglab/statecodes huggingface dataset:
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 16 - Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition › 1610 - Final Order Authorizing Acquisition or Exchange of Land or Confirming Lease; Execution and Binding Force.

§  1610.  Final  order  authorizing acquisition or exchange of land or
  confirming lease; execution and binding  force.  When  the  final  order
  authorizes  the acquisition or exchange of land, the trustee, upon whose
  application the order was made, shall execute  the  provisions  of  such
  order.  Any  acquisition  or  exchange of land so made or any previously
  made lease which is confirmed, shall have the same  binding  force  upon
  the  interests of the beneficiaries of such trust and upon the interests
  of all other persons in such real property as is stated in section 1614.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 16 - Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition › 1611 - Final Order; Appointment of Referee.

§  1611.  Final  order;  appointment  of referee. When the final order
  authorizes a mortgage, lease or sale upon the application  of  a  person
  who is not trustee, the court in such final order must appoint a referee
  to  execute  the authorized transaction.   When the application has been
  made  by  a  trustee,  such  trustee  shall   execute   the   authorized
  transaction.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 16 - Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition › 1612 - Report of Agreement for Confirmation.

§ 1612. Report of agreement for confirmation. Before a mortgage, lease
  or sale is made pursuant to a final order described in section 1609, the
  trustee or referee must enter into an agreement therefor, subject to the
  approval of the court, and must report this agreement to the court under
  oath.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 16 - Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition › 1613 - Order of Confirmation; Contents and Subsequent Procedures.

§  1613. Order of confirmation; contents and subsequent procedures. 1.
  When the agreement reported to the court pursuant to the  provisions  of
  section  1612  appears to the court to conform in all particulars to the
  final  order  authorizing  the  transaction,  an  order  shall  be  made
  approving  and  confirming  the  agreement  and directing the trustee or
  referee to execute and to deliver the mortgage, lease or  deed  of  such
  real  property which is required thereby. No order of confirmation shall
  be withheld on the ground that the market value of  such  real  property
  has  changed  between the execution of such agreement and the hearing of
  the application for confirmation thereof.
2. The order of confirmation, in the discretion of  the  court,  shall
  direct  the  payment  to  each  participant  in  the  proceeding  of the
  reasonable disbursements made or incurred by him in the  course  of  the
  proceeding,  and  shall make such reasonable allowances, as to the court
  seem proper, to persons who have served in the  proceeding  as  referee,
  guardian  ad  litem, or counsel; and shall direct the mode of payment of
  all these allowances.
3. The order of confirmation shall also  include  such  provisions  as
  justice  may  require  for the application, safeguarding, management and
  distribution of the fund to be derived  from  the  ordered  transaction.
  The  statutory  provisions applicable to the safeguarding, management or
  distribution of the fund produced by a sale in an action  for  partition
  shall  apply  to  the  proceeds  derived  from a sale authorized by this
  section, so far as this is practical.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 16 - Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition › 1614 - Binding Force of Mortgage, Sale or Lease Duly Made With Judicial Approval.

§  1614.  Binding  force  of  mortgage,  sale  or lease duly made with
  judicial approval. A mortgage, lease or  conveyance  duly  executed  and
  delivered  in accordance with an order of confirmation, made pursuant to
  the provisions of section 1613, binds the  interests  of  the  applicant
  therefor  and  of  all  other  persons  who  either  are parties to such
  proceeding or are represented therein or  are  not  entitled  to  notice
  thereof under the provisions of section 1606.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 16 - Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition › 1615 - Date of Creation of Affected Interests.

§  1615.  Date  of  creation  of  affected  interests.  The  procedure
  authorized  by  sections  1601  through  1614  shall  apply  equally  to
  interests  created  on  or after September 1, 1937; to interests created
  before that date but  subsequent  to  the  enactment  of  some  statute,
  replaced  by  former  sections  one  hundred  seven  through one hundred
  seven-m of the real property law, authorizing the like  sale,  mortgage,
  lease  or  other  binding  of  such interests by a judicially authorized
  conveyance; and to all other interests, whenever created.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1701 - Definitions.

§ 1701. Definitions. As used in this article:
1.  The term "incompetent person" means a person incompetent to manage
  his affairs of whose property a committee has been appointed pursuant to
  section 78.07 of the mental hygiene law.
2. The term "conservatee" means a person who has suffered  substantial
  impairment  of his ability to care for his property or has become unable
  to provide for himself or others dependent upon him for support for whom
  a conservator of his property has been appointed,  pursuant  to  section
  77.01 of the mental hygiene law.
3.  The  term "interest in real property" includes any term, estate or
  other interest in real property, vested or contingent, of an  infant  in
  being,  an  incompetent  person,  or a conservatee including an inchoate
  right of dower and a possibility of reverter, and  also  the  contingent
  interest of an infant not in being.
4.  The term "possibility of reverter" means the possibility that upon
  breach of a condition or termination of  an  estate  by  limitation  the
  right  of  re-entry  will  vest  in, or real property will revert to, an
  infant, incompetent person or conservatee or  his  heirs  solely  or  in
  common with others.
5.  The  term  "dispose of" means to sell, convey, exchange, mortgage,
  release or lease.
6. The term "guardian, committee or conservator" refers to the general
  or testamentary guardian or guardian appointed by deed of  the  property
  of  the  infant,  or  the  committee  of the property of the incompetent
  person or patient appointed pursuant to the provisions of section  78.03
  or 78.07 of the mental hygiene law, the conservator of the property of a
  conservatee   appointed   pursuant   to   the   provisions   of  article
  seventy-seven of the mental hygiene law,  or  to  the  guardian  of  the
  infant,  incompetent  person  or  conservatee appointed as prescribed by
  this article.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1711 - Grounds.

§  1711.  Grounds. In any of the following cases, a special proceeding
  may be maintained to dispose of the real property or an interest in real
  property of an infant, incompetent person or conservatee.
1. Where his personal property, together with the income of  the  real
  property  are  insufficient  for  the  payment  of  his debts or for the
  maintenance and necessary education of himself and his family.
2. Where his interests require or will be  substantially  promoted  by
  disposition,  because  the real property or interest in real property is
  exposed  to  waste  or  dilapidation,  or  is  wholly  or  substantially
  unproductive,  or because funds are needed to preserve or to improve the
  same, or because of other peculiar reasons or circumstances.
3. Where he is seized or possessed of the real property,  or  interest
  in real property, by way of mortgage, or only in trust for another.
4.  Where  a  valid  contract  for  the sale or conveyance of the real
  property or interest in real property has been made,  but  a  conveyance
  thereof cannot be made because the person in whom the title is vested is
  an infant, an incompetent, or a conservatee.
5.  Where  his interest will be substantially promoted by releasing or
  joining with others  in  releasing  for  a  valuable  consideration  the
  possibility of reverter.
6.  Where  his interest will be substantially promoted by the exchange
  of a portion of his real  property  for  lands  adjacent  to  such  real
  property  if  such  exchange  would tend to improve the boundary line of
  such real property.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1712 - By Whom Maintainable.

§ 1712. By whom maintainable. The special proceeding may be maintained
  by  the  general or testamentary guardian of the property of the infant,
  by the committee of the  property  of  the  incompetent  person  or  the
  conservator  of  the  property of the conservatee, or by any relative or
  other person in behalf of the infant, incompetent person, or conservatee
  or by an infant of the age of fourteen years or over in his own behalf.
The special proceeding may be  maintained,  in  a  case  specified  in
  subdivisions  3  and  4  of  section  1711,  by a person entitled to the
  conveyance; and, also, in a case specified  in  subdivision  4  of  that
  section,  by  the  executor  or administrator of the person who made the
  contract, or of a person who  died  seized  or  possessed  of  the  real
  property  or  interest  in  real  property,  or by an heir or devisee of
  either of those persons, to whom the real property or interest  in  real
  property has descended or was devised. Where the proceeding is in behalf
  of  an infant of the age of fourteen years or over the infant shall join
  therein.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1721 - Notice of Petition.

§  1721. Notice of petition. Notice of petition shall be given, in the
  discretion of the court, to such persons and in such manner as the court
  may direct. If the proceeding affects the  interest  of  an  incompetent
  person  or  of  a  conservatee,  notice  shall  be  given  to either the
  committee of property  or  the  conservator  of  property,  and  if  the
  incompetent  person  or  conservatee  has  been  committed  to  a  state
  institution and is an inmate thereof, also to the  attorney-general  and
  to  the  director  having  jurisdiction  over  the institution where the
  incompetent or conservatee is confined. If the  proceeding  affects  the
  interest  of an infant who has a general or testamentary guardian of the
  property, notice shall be given to such guardian.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1722 - Contents of Petition.

§ 1722. Contents of petition. The petition shall state:
1.  The  name,  age and residence of the infant, incompetent person or
  conservatee.
2. The grounds of the proceeding.
3. A description of the real property or interest to  be  disposed  of
  and of the incumbrance, if any, thereon.
4.  The name and residence of the guardian of the infant, committee of
  the incompetent person or conservator of the conservatee  and,  where  a
  guardian  ad  litem  is  to  be appointed, the name and residence of the
  person proposed as the guardian ad litem, the relationship he  bears  to
  the infant, incompetent person, or conservatee and the security proposed
  to be given.
5.  In  a proceeding pursuant to subdivision four of section seventeen
  hundred eleven of this article, that the contract  was  made  after  the
  advertisement  of  the  real  property  for  sale  for  a period of four
  successive weeks by  a  notice  of  sale  posted  conspicuously  on  the
  premises,  and  by  publication  of  a  notice  of  sale  in  the manner
  prescribed by  section  two  hundred  thirty-one  of  this  chapter  for
  publication  of a notice of sale of real property made in pursuance of a
  judgment, provided, however, that  the  court  may,  upon  cause  shown,
  shorten such time or dispense with such advertisement.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1731 - Infant, Incompetent or Conservatee a Ward of Court.

§  1731.  Infant, incompetent or conservatee a ward of court. From the
  time of the filing of  a  petition,  by  or  in  behalf  of  an  infant,
  incompetent  person  or  conservatee, praying for an order to dispose of
  his real property, or interest in real property, the infant, incompetent
  person or conservatee is considered a ward of the court with respect  to
  that real property or interest and the income and proceeds thereof.  The
  court  shall  have  power  to  make  such  orders as may be necessary to
  further justice and to protect and conserve the rights and interests  of
  the infant, incompetent person or conservatee.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1741 - Reference.

§  1741.  Reference.  1.  The  court  may appoint a referee to receive
  evidence and report his opinion thereon.
2. The referee's report shall include conclusions as to: what, if any,
  form, terms and conditions  of  disposition  of  the  real  property  or
  interest  would  be  beneficial  to  the  infant,  incompetent person or
  conservatee, and the reasons therefor; whether the  infant,  incompetent
  person  or  conservatee  is in absolute need of some and what portion of
  the proceeds of  such  disposition,  for  a  purpose  specified  in  the
  petition,  in  addition  to what he might earn by his own exertions; the
  value of the property or interest to be disposed of, specifically, as to
  each separate lot or parcel, with the incumbrances, if any, thereon, and
  whether there is any person entitled to  dower  or  a  life  estate,  or
  estate for years.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1742 - Appraisal.

§  1742.  Appraisal.  When  the  court  deems  it  necessary  for  the
  protection of  the  interests  of  the  infant,  incompetent  person  or
  conservatee,  it  may  appoint  a  competent,  disinterested  person  as
  appraiser, who  after  taking  an  oath  fairly  to  appraise  the  real
  property,  shall  go  upon  the  premises,  and make an appraisal of the
  property and report the result thereof to the  court.  The  fee  of  the
  appraiser  shall  be  fixed by the court and be included in the costs of
  the proceedings. A transcript of the proof and the report of the referee
  or appraiser, if any, shall be filed with the final order.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1743 - Judgment.

§  1743.  Judgment. The judgment may direct that the real property, or
  interest in real property, or a part thereof,  be  disposed  of  by  the
  guardian, committee or conservator and contain directions respecting the
  time, manner and conditions of the disposition.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1744 - Security.

§  1744.  Security.  1.  Before the guardian, committee or conservator
  executes and delivers the deed, mortgage, release or lease  pursuant  to
  the  judgment  or  receives any portion of the proceeds arising from the
  transaction, he shall give security for the faithful performance of  his
  trust,  for  the  paying  over  and  investing of and accounting for all
  moneys received by the guardian, committee or conservator in the special
  proceeding and for the observance of  the  provisions  of  law  and  the
  directions  of  the  court in relation to the trust. Such security shall
  have the same force and effect as  if  it  had  been  filed  before  the
  guardian,  committee  or  conservator  acted  on  behalf  of the infant,
  incompetent person or conservatee and the application to the  court  was
  made in the proceeding.
2. The court may, by order, dispense wholly or in part with the giving
  of  security  if  the  sureties  on the undertaking, if any, theretofore
  filed by the general or testamentary guardian of  the  property  of  the
  infant,  the  committee  of  the  property of the incompetent person, or
  conservator of the property of the conservatee as well as such guardian,
  committee, or conservator consent to its extension to cover the  special
  proceeding,  and the court deems such extended undertaking sufficient to
  protect the interests of the infant, incompetent person  or  conservatee
  in  such  proceeding. The consent shall be in writing and shall be filed
  with the order dispensing with the giving of security.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1745 - Report and Confirmation of Agreement and of Conveyance.

§  1745.  Report  and  confirmation of agreement and of conveyance. 1.
  Before disposition of the property can be made pursuant to the judgment,
  the guardian, committee or conservator  must  enter  into  an  agreement
  therefor,  subject  to  the  approval  of the court, and must report the
  agreement to the court under oath. Such agreement  may  be  made  either
  before  or  after  the  commencement  of the proceeding, and if made and
  reported prior to the entry of the judgment, such judgment may include a
  confirmation thereof.
2. Upon the confirmation of the agreement, either by the  judgment  or
  by  a  subsequent  order,  the  guardian, committee or conservator shall
  execute and deliver a deed, mortgage, release or lease  as  directed  by
  such judgment or order.
3.  Where  the  judgment  directs the execution of a conveyance in the
  first instance for the purpose of fulfilling a contract, or because  the
  property  is  held  by  way of mortgage, or in trust only, the guardian,
  committee or conservator  executing  the  conveyance  shall  report  the
  conveyance to the court under oath.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1746 - When Particular Estates to Be Included in Disposition.

§  1746.  When particular estates to be included in disposition.  When
  the real property, or interest in real property, directed to be sold  is
  subject,  absolutely  or  contingently, to a right of dower or an estate
  for life, or for years, in the whole or any  part  thereof,  the  person
  having  the  prior  right or estate may manifest in writing his consent,
  either to receive from the proceeds of the sale a gross sum to be  fixed
  according   to  the  principles  of  law  applicable  to  annuities,  in
  satisfaction of his right or estate, or to have a proportionate share of
  the proceeds of the sale invested, and the interest thereof paid to him,
  from the time of the investment or of the commencement of his  right  or
  estate,  as  justice  requires,  until the determination of his right or
  estate. Upon filing the consent with the clerk,  the  judgment,  in  the
  discretion  of  the  court,  may direct a sale of the entire property to
  which the right or estate attaches.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1747 - When Reversionary Estates to Be Included in Sale.

§  1747.  When  reversionary  estates to be included in sale. When the
  interest of the infant, incompetent person or conservatee, consists of a
  right of dower or an estate for life, or for  years,  the  judgment  may
  authorize  the  guardian,  committee  or  conservator  to join, with the
  person or persons holding the reversionary estate, in  a  conveyance  of
  the  property to which the interest attaches, so as to release the right
  of dower, or fully convey the particular estate, on receiving  from  the
  proceeds  of the sale a gross sum in satisfaction of that interest, or a
  proportionate  part  of  the  proceeds,  to  be   invested   until   the
  determination of the particular estate.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1751 - Sale Contrary to Will or Conveyance Prohibited.

§ 1751. Sale contrary to will or conveyance prohibited. Real property,
  or an interest in real property, shall not be disposed of, as prescribed
  in  this  article,  contrary to the provisions of a will by which it was
  devised, or of  a  conveyance  or  other  instrument  by  which  it  was
  transferred, to the infant, incompetent person or conservatee.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1753 - Effect of Disposition.

§  1753.  Effect  of disposition.   A deed, mortgage, release or lease
  made in good faith, as prescribed in this article, upon  an  application
  in  behalf of an infant, incompetent person or conservatee, has the same
  validity and effect as if executed by the person in whose behalf it  was
  executed,  and  as  if  the  infant  were of full age or the incompetent
  person or conservatee were of sound mind and  competent  to  manage  his
  affairs.  It  shall  be  valid and effectual to vest in any purchaser an
  interest of an infant not in being at the time of the said sale, and any
  mortgage so  executed  shall  be  a  valid  lien  and  charge  upon  the
  contingent  interest  of  an  infant  not  in  being  at the time of the
  execution and delivery of the same. A release of an  inchoate  right  to
  dower as authorized by this article shall have the same effect as if the
  wife had joined with the husband in a deed or conveyance of the property
  affected  thereby  and  had  duly  acknowledged  the  same in the manner
  required by law to pass the estate of  married  women.  The  failure  to
  conduct  the  proceeding  strictly  in accordance with the provisions of
  this article shall not invalidate the disposition if  the  interests  of
  the infant, incompetent person or conservatee have not been prejudiced.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1755 - Proceeds of Sale Deemed Real Property.

§  1755.  Proceeds  of  sale  deemed  real  property.  A  sale of real
  property, or of an interest in real property other than a possibility of
  reverter, of an infant or incompetent  person,  does  not  give  to  the
  infant  or  incompetent  person  any  other  or  greater interest in the
  proceeds of the sale than he had  in  the  property  or  interest  sold.
  Those  proceeds  are deemed property of the same nature as the estate or
  interest sold until the infant arrives at full age or  the  incompetency
  is  removed.  The  proceeds  of the release of a possibility of reverter
  shall be deemed and treated as if they were proceeds of real property of
  which the infant was seized and possessed.  If  the  incompetent  person
  dies  after the sale, having specifically devised the property sold, the
  provisions of section thirty-six of the decedent estate law shall  apply
  to the devise.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1761 - Distribution of Proceeds of Disposition.

§  1761.  Distribution  of  proceeds  of  disposition.  1.  After  the
  disposition of real property as provided  in  this  article,  the  court
  shall direct the distribution of the proceeds.
2.  The court shall direct the payment from the proceeds of all debts,
  in equal proportion, without giving a preference to a debt founded  upon
  a specialty or upon which judgment has been taken.
3.  The  court  shall  direct  the  investment  of  any portion of the
  proceeds belonging to the  infant,  incompetent  person  or  conservatee
  which  is  not  needed for the payment of debts, or the safe keeping, or
  the immediate maintenance and education of himself or his family, or for
  the preservation or improvement of his real property or his interest  in
  real property.
4.  The  court  shall require a report, under oath, of the disposition
  and investment of the proceeds to be made as soon  as  practicable,  and
  must compel periodical accounts to be rendered thereafter by each person
  who is intrusted with the proceeds or any part thereof.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1762 - Distribution of Proceeds to Owner of Particular or Reversionary Estate.

§   1762.   Distribution   of  proceeds  to  owner  of  particular  or
  reversionary estate. 1. When real property has been disposed of so as to
  include a particular reversionary estate, as provided in  sections  1746
  and  1747,  the court shall direct that the value of such estate be paid
  from the proceeds of disposition.
2. The manner of payment may be either  in  a  gross  sum  or  by  the
  investment of a just proportion of the proceeds until the termination of
  the prior estate or the commencement of a future estate.
3.  If  a  prior  estate  has  been included, income from the invested
  proceeds shall be paid to the owner of such estate. But no such  payment
  shall  be  made  nor  shall any gross sum be paid to such owner until an
  effectual release of the right or estate of the  person  so  consenting,
  executed  to  the  satisfaction  of  the court, and duly acknowledged or
  proved, and certified, in like manner as a deed to be recorded, has been
  filed with the clerk.
4. If a future estate has been included, the invested  proceeds  shall
  be  paid  to  the  owner  of such estate at the time of the commencement
  thereof.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1764 - Distribution of Proceeds Where There Is an Interest of an Infant Not in Being.

§  1764.  Distribution  of  proceeds  where there is an interest of an
  infant not in being. In case by any contingency, infants  not  in  being
  may  thereafter  become  possessed  of any interest in the real property
  disposed of, the court, in case of a sale, shall cause the  proceeds  of
  the  sale, after paying the costs and expenses of the same, to be placed
  at interest for the benefit of the persons who are or who ultimately may
  be entitled to the same, and shall not authorize the distribution of the
  same in advance of said contingency, except  upon  a  petition  of  some
  person entitled thereto and upon filing an undertaking in such amount as
  the  court  shall direct, conditioned that in case of any contingency by
  which any infant not then in being shall thereafter become  entitled  to
  any  of  the proceeds of the sale, that said petitioner will pay to said
  person or persons his or their proportionate share of the money so  paid
  over  to  said  petitioner.   In the case of the mortgaging of said real
  estate, the proceeds of the same, after paying costs and expenses, shall
  be paid out and disbursed under the direction of the court only for  the
  purpose  of  paying  lawful  charges  thereon,  or repairing, improving,
  building upon or  otherwise  enhancing  in  value  any  real  estate  so
  mortgaged as aforesaid.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1765 - Distribution of Proceeds to Guardian of Infant, Committee of Incompetent or Conservator of Conservatee.

§  1765.  Distribution of proceeds to guardian of infant, committee of
  incompetent or conservator of conservatee.  1.  Proceeds  or  income  of
  proceeds  invested  as  provided in subdivision 3 of section 1761 may be
  paid on order of court on such undertaking as it may require.
2. If the proceeds do not exceed one thousand dollars, the  court  may
  direct  that  the same be paid to the father or mother of the infant, or
  to some competent person with whom the infant resides, or who  has  some
  interest in his welfare, for the use and benefit of such infant.
3.  In the case of an infant residing without the state, and having in
  the state or country where he resides a general guardian or person  duly
  appointed  under  the  laws of such state or country to the control, and
  entitled by the laws of such state or country to  the  custody,  of  the
  money  of  said infant, the court, upon satisfactory proof of such facts
  and of the sufficiency of the security given by such general guardian or
  person in such state or country, by the certificate  of  a  judge  of  a
  court  of record of such state or country, or otherwise, may direct that
  the portion of such infant arising upon a sale pursuant to this  article
  shall be paid over to such general guardian or person.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee › 1766 - Distribution of Proceeds on Death of Infant, Incompetent or Conservatee.

§  1766.  Distribution  of proceeds on death of infant, incompetent or
  conservatee. If the infant should die before arriving at  full  age,  or
  the incompetent person should die before the incompetency is removed, or
  the  conservatee should die before the conservatorship is terminated not
  leaving any  personal  property,  or  not  leaving  sufficient  personal
  property  to  pay funeral expenses and expenses that may be necessary or
  necessarily incurred, then in each case, the proceeds of disposition  of
  real  property  are  to  be  deemed  personal  property so far as may be
  necessary to pay the funeral and other necessary expenses. The  proceeds
  are  to  be  paid,  upon  order of the surrogate's court or court having
  jurisdiction  of  the  estate  of  the  deceased,  to  an  administrator
  appointed  by  the  surrogate  to administer upon decedent's estate, and
  after paying all funeral expenses and expenses of administration and any
  indebtedness, the remainder, if any there be,  upon  the  order  of  the
  surrogate,  shall  be  paid  into  the hands of the trustee who held the
  same, to be distributed as the law directs.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 18 - Special Proceeding for Release of Claim Against State of Infant or Incompetent for Appropriation of Real Property › 1801 - Grounds.

§   1801.   Grounds.  In  any  case,  where  the  person  entitled  to
  compensation from the state, by reason of the appropriation by the state
  of real property, or of any easement therein,  or  of  a  term,  estate,
  inchoate  right  of  dower, or other right or interest in real property,
  and of legal damages caused by any such appropriation,  and  of  damages
  sustained  by  any  entry  upon, use or occupation of, or injury to such
  real property by the state prior to completion of appropriation,  is  an
  infant,  a  person incompetent to manage his affairs by reason of mental
  illness or other cause,  or  a  conservatee  as  designated  in  article
  seventy-seven of the mental hygiene law, and whose interest in such real
  property  or  rights  thereunder  as aforementioned is not governed by a
  trust expressed in a will creating the estate nor  subject  to  a  valid
  power  of  sale contained in such will which does not expressly prohibit
  the giving of a release to the state because of  such  appropriation,  a
  special proceeding may be commenced in the county where the appropriated
  property  or  a  part  thereof  is situated, for leave to release to the
  state the claim for compensation of such infant, incompetent  person  or
  conservatee,  in  the manner provided in this article, for the amount of
  consideration therefor offered by the state.  This  article  shall  also
  apply to the contingent interest of an infant not in being.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 18 - Special Proceeding for Release of Claim Against State of Infant or Incompetent for Appropriation of Real Property › 1802 - By Whom Maintained.

§  1802. By whom maintained. 1. Except as provided in subdivision two,
  the special  proceeding  may  be  maintained  only  by  the  general  or
  testamentary  guardian  or guardian appointed by deed of the property of
  the infant, or by the committee  of  the  property  of  the  incompetent
  person,  or  by the conservator of the property of a conservatee.  Where
  it is maintained in behalf of an infant of the age of fourteen years  or
  upwards, the infant must join therein.
2.  Where the value of the claim does not exceed one thousand dollars,
  the special proceeding may be maintained by the father,  or  mother,  or
  some  competent  person  with  whom  the  infant,  incompetent person or
  conservatee resides, or who has some interest in his  welfare.    Where,
  however,  there  is  an existing general or testamentary guardian of the
  property of such  infant,  or  a  committee  of  the  property  of  such
  incompetent   person,   or   a  conservator  of  the  property  of  such
  conservatee,  the  proceeding   may   be   maintained   only   by   such
  representative.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 18 - Special Proceeding for Release of Claim Against State of Infant or Incompetent for Appropriation of Real Property › 1803 - Notice of Petition.

§  1803. Notice of petition. Notice of petition shall be given, in the
  discretion of the court, to such persons and in such manner as the court
  may direct.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 18 - Special Proceeding for Release of Claim Against State of Infant or Incompetent for Appropriation of Real Property › 1804 - Contents of Petition.

§  1804.  Contents  of petition. The petition shall state: 1. The name
  and residence of the petitioner, the facts  concerning  his  appointment
  and  qualification  as  a person by whom the proceeding is maintainable,
  and a statement as to the amount of any existing  undertaking  given  by
  him  in  such capacity then in force and effect, whether or not any such
  existing undertaking includes the value of the property appropriated. If
  an undertaking had been dispensed with by  the  surrogate  in  any  case
  where  such  property  was  derived  by the infant through his father or
  mother under the instrument by which a guardian was appointed, such fact
  shall be disclosed to the court.
2.  The  name,  age  and  residence  of  the  infant,  incompetent  or
  conservatee.
3.  The  particulars  with regard to such appropriation, including the
  nature and extent of the property appropriated and a description.
If a survey map has been filed in the appropriation proceeding, a copy
  of such a map shall be attached to and made part of the petition.
4. The nature and extent of the property, if any, entered upon,  used,
  occupied   or   injured  by  the  state  prior  to  completion  of  such
  appropriation.
5. The amount offered by the state in full compensation.
6. The facts in relation to the value of the interest to be released.
7. Whether any previous application has been made,  and,  if  so,  the
  time and disposition.
8.  Where the value of the claim does not exceed one thousand dollars,
  that  either  the  petitioner  or  a  competent,  disinterested   person
  acquainted  with  the  facts,  whose  affidavit  is  made  a part of the
  petition, has made a careful investigation of the facts relating to  the
  offer,  and  that  as  a  result  of such investigation he has found and
  verily believes that the amount of compensation so offered by the state,
  for the interest or  undivided  interest  of  said  infant,  incompetent
  person,  or conservatee represents the fair market value of the property
  appropriated and just compensation therefor and for  the  legal  damages
  caused  by such appropriation, and the damages, if any, sustained by the
  entry upon, use or occupation of, or injury  to  such  property  by  the
  state  prior  to  completion  of appropriation. In any case involving an
  infant of the age of fourteen years or upwards  or  a  conservatee,  his
  written consent to the acceptance in his behalf of the amount so offered
  shall  accompany the petition, unless the aforesaid infant is classed in
  the petition as an incompetent person, in which event such consent shall
  not be required.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 18 - Special Proceeding for Release of Claim Against State of Infant or Incompetent for Appropriation of Real Property › 1805 - Security.

§  1805. Security. On presentation of the petition, where the value of
  the claim exceeds one thousand dollars, the court shall fix  the  amount
  of  security or additional security, if any, to be given by such general
  or testamentary guardian, committee or  conservator,  for  the  faithful
  performance  of  his  trust,  to  cover the amount of compensation to be
  received by the infant,  incompetent  or  conservatee  because  of  such
  appropriation.  The court shall dispense with the giving of security, on
  facts submitted in the petition, in any case  where  the  surrogate  had
  done   likewise  as  to  such  guardian  under  the  provisions  of  the
  surrogate's  court  procedure  act  with  respect  to  the  property  so
  appropriated.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 18 - Special Proceeding for Release of Claim Against State of Infant or Incompetent for Appropriation of Real Property › 1806 - Judgment.

§  1806. Judgment. Upon examining into the truth of the allegations of
  the petition, and hearing the allegations and  proofs  of  the  parties,
  presented orally or by affidavit, as to the value of the interest of the
  infant,   incompetent   person   or   conservatee  in  the  property  so
  appropriated, including the legal damages caused by such  appropriation,
  and  the damages, if any, sustained by the entry upon, use or occupation
  of, or injury to such property by  the  state  prior  to  completion  of
  appropriation,  and, upon inquiring into the facts and circumstances and
  duly considering the matter, if it shall appear to the  satisfaction  of
  the  court  that  the  amount  of compensation offered to be paid by the
  state represents the fair market value of the property appropriated  and
  just compensation for the legal damages caused by such appropriation and
  the  damages, if any, sustained by the entry upon, use or occupation of,
  or injury  to  such  property  by  the  state  prior  to  completion  of
  appropriation,  and  that the interest of the infant, incompetent person
  or conservatee will be substantially promoted by  releasing  or  joining
  with  others  in releasing any such claim for the amount of compensation
  offered  therefor  by  the  state,  the  court  may  render  a  judgment
  authorizing  petitioner  to  enter  into an agreement with the state, in
  such form as may be submitted by the state or any agency  or  department
  thereof,  for  the  amount  of  compensation  offered  by  the state and
  approved by the  court  and  authorizing  and  directing  petitioner  to
  execute  and  deliver  to  the  state  a  release  of such claim and any
  documents or instruments as may be required by the state  to  give  full
  effect  to  such  release  and  authorizing  and directing petitioner to
  receive the amount in full payment of such claim for compensation.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 18 - Special Proceeding for Release of Claim Against State of Infant or Incompetent for Appropriation of Real Property › 1807 - Payment of Compensation; Release.

§  1807. Payment of compensation; release. 1. Upon the payment of such
  compensation by the state in the manner provided by  the  judgment,  the
  state  shall  be  released  of  and from any and all claims, damages and
  liability arising from or growing out of such appropriation, and in  and
  to  every  matter  and  thing  in  anywise  related  to said property so
  appropriated.
2. The failure to conduct the proceeding for the release of any  claim
  against  the  state  of  an infant, incompetent person or conservatee as
  covered by this article, shall not invalidate or render ineffective such
  release  if  the  interests  of  the  infant,  incompetent   person   or
  conservatee have not been prejudiced.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 18 - Special Proceeding for Release of Claim Against State of Infant or Incompetent for Appropriation of Real Property › 1808 - Distribution of Proceeds of Compensation.

§   1808.   Distribution   of   proceeds  of  compensation.  1.  Where
  compensation exceeds one thousand dollars, it shall be  deemed  property
  of  the  same  nature,  and the disposition thereof shall be made in the
  same manner, as the disposition of proceeds of a sale, mortgage, release
  or lease of real property of infant or incompetent.
2. Where compensation does not  exceed  one  thousand  dollars,  after
  deducting therefrom the payment of any attorney's fees and the expenses,
  if  any  as  allowed by the court, the proceeds shall be administered by
  the petitioner for the use and benefit of the infant, incompetent person
  or conservatee, including the application thereof for the  purposes,  in
  the manner, under the limitations and through the medium provided for in
  the  mental  hygiene law of the state of New York and official rules and
  regulations adopted pursuant thereto as to funds belonging to a patient,
  in any case where such ward is  an  incompetent  person  or  conservatee
  confined  as  a patient to a state institution under the jurisdiction of
  the department of mental hygiene of the state of New York.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 19 - Discharge or Extinguishment of Encumbrances, Claims and Interests › 1901 - Release of Rents Reserved by Leases in Perpetuity.

§  1901.  Release  of  rents reserved by leases in perpetuity. 1.  Any
  person interested in lands held under a lease in perpetuity, upon  which
  no  rent  has  been  paid  for  at  least  twenty years, may present his
  petition to the courts mentioned in  this  section  asking  that  it  be
  declared that the rents and reversion have been released to the owner of
  the  fee.  Such petition shall be verified, shall describe the lease and
  allege that the rents and reversion have been released, and shall  state
  such  facts as the petitioner can ascertain relative to the execution of
  a release and the identity of the persons who  would  otherwise  be  the
  present  owners  of  the  rents  and  reversion and the last known owner
  thereof.
2. Such petition may be presented to  the  supreme  court  or  to  the
  county  court  of the county where the lands are situated. The court may
  thereupon order all persons interested to show cause at a  certain  time
  and  place  why  the  rents and reversion should not be declared to have
  been released.  A description of the lease and  lands  affected  thereby
  and the name of the last known owner of the rents and reversion shall be
  specified  in  such  order,  and  the  order  shall be published in such
  newspaper or newspapers and for such time as the court shall direct. The
  court may also direct the  order  to  be  personally  served  upon  such
  persons as it shall designate.
3.  The court may issue commissions to take the testimony of witnesses
  and may refer the petition to a referee to take and report proofs of the
  facts stated in the petition. Upon  being  satisfied  that  the  matters
  alleged  in the petition are true, the court may make an order declaring
  that the rents and reversion have been released to the owner of the fee.
  The nonpayment of rent under any such lease for twenty  years  shall  be
  presumptive evidence of such a release.
4.  The  entry  of such order in the office of the clerk of the county
  where such lands are situated shall have the same effect as a release of
  such rents and reversion to such owner then duly executed and  recorded.
  The  county clerk shall note on the margin of the record of the original
  lease a minute of the entry of such order.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 19 - Discharge or Extinguishment of Encumbrances, Claims and Interests › 1911 - Action to Extinguish Inchoate Right of Dower.

§  1911.  Action to extinguish inchoate right of dower. 1. An owner of
  land subject to an inchoate right of dower may maintain an action in the
  supreme court against the possessor of such  right  to  have  the  right
  extinguished. In such action the court shall find the present cash value
  of  the  inchoate  right  of  dower  according  to the law applicable to
  annuities and survivorships. It shall also determine whether the payment
  to the defendant of the sum found, in lieu of her right, would be unduly
  prejudicial to her. If the court determines that such payment would  not
  be  unduly  prejudicial, the court, upon proof of payment of such sum to
  the defendant or upon payment into court for her credit, shall  make  an
  order declaring the inchoate right of dower extinguished.
2.  Nothing  herein contained shall be construed to affect section 967
  or article 17 of this chapter, or section two hundred and forty-eight of
  the surrogate's court act.