2023 New York Laws › PEP - Personal Property › Article 7-B - Lost and Found Property › 253 - Duties of Police.

§  253. Duties of police. 1. Unless otherwise prescribed in accordance
with section two hundred fifty of the general municipal law  or  section
two  hundred  twenty-five-a  of  the  executive law and unless otherwise
provided by law applicable specifically to matters  prescribed  in  this
section,  the  police  with whom found property or a found instrument is
deposited shall accept and retain custody of the property or instrument,
or proceeds of  the  property  in  the  event  of  a  sale  pursuant  to
subdivision five of this section, and shall give notice of such custody,
as provided in this section.
The police with whom found property or a found instrument is deposited
as  provided  in  this  article shall give to the person depositing it a
receipt identifying the  transaction  of  deposit  and  identifying  the
property  or  instrument.  Such identification may be by description and
recital of the  facts  of  the  transaction  or  by  reference  numbers,
duplicate copies of records, or other method connecting the receipt with
the records of the police with respect to the property or instrument and
the transaction.
2. Such property or instrument shall be transmitted, together with the
report  of  the  person  who deposited it with the police, to the police
officer  or  other  official  designated  to  hold  such   property   or
instrument,  who shall make entry in his records of such deposit and the
report of the person depositing such property  or  instrument  with  the
police.
3.  If  the  report  of  the  person  who  deposited  the  property or
instrument shows that the property or instrument was found  in  a  place
other  than  a  public  street  or  highway,  the police with whom it is
deposited shall give notice of the finding and  deposit,  including  the
location   of  the  office  to  which  the  property  or  instrument  is
transmitted, to the occupant of  the  premises  where  the  property  or
instrument was found or to the person in charge of such premises.
The  police  with whom an instrument is deposited shall give notice of
the deposit to each person whose  name  and  address  appears  upon  the
instrument  or  whose  name so appears and whose address is known to the
police.
4. If at any time the police have reason to believe that a person  has
an  interest  in  found  property  or  in  a  found  instrument in their
possession and reason to know his whereabouts, they shall give notice of
the finding and deposit and the location of  the  office  to  which  the
property or instrument is transmitted to such person.
5. (a) Property having salvage value only may be sold by the police in
such  manner  as  may  be  reasonable in the circumstances.   Perishable
property shall be sold by the police as soon as possible in such  manner
as may be reasonable in the circumstances.
(b)  Property which requires special care may be kept by the police in
public or private facilities which the police deem appropriate  for  the
purpose of preserving it.
(c)  Any property may be sold by the police at public auction when the
expenses reasonably incurred in dealing with it, including  expenses  of
taking  of  custody,  transportation, storage and appraisal, any special
expense incurred  in  giving  notice,  and  any  other  special  expense
attributable  to  administration  of  this  article  with respect to the
particular property, amount to more than one-half the amount  reasonably
estimated  as  the  net  sum  likely  to  be  realized by sale at public
auction.
(d) If property is sold as provided in this subdivision  the  proceeds
remaining  after deducting the amount of reasonable expenses of the sale
and reasonable expenses of dealing with the property prior to the  sale,

including  any  items  of  expense  mentioned in paragraph (c), shall be
dealt with as lost property having the value of the property sold.
6.  Subject  to  subdivision three of section two hundred fifty-six of
this chapter and to section thirteen hundred  ten  or  other  applicable
section  of the abandoned property law, instruments shall be retained in
the custody of the police with whom they were deposited until  delivered
to  the  person  entitled  thereto  as  provided  in section two hundred
fifty-five of this chapter.
7. Except as provided in subdivision  three  of  section  two  hundred
fifty-six  of  this  chapter,  lost  property,  and the proceeds of sale
pursuant to subdivision five of this section remaining  after  deduction
of  expenses  as  provided  in  that  subdivision,  shall be kept in the
custody of the police for the following periods, unless sooner delivered
to the owner as provided in section two hundred fifty-four:
Property having a value of less than one hundred dollars  or  proceeds
of  property having such value, three months; property having a value of
one hundred dollars or more  but  less  than  five  hundred  dollars  or
proceeds  of  property  having such value, six months; property having a
value of five hundred dollars  or  more  but  less  than  five  thousand
dollars  or  proceeds  of property having such value, one year; property
having a value of five thousand dollars or more or proceeds of  property
having such value, three years.
8.  Three months before the expiration of the period applicable to the
property in question, as specified in subdivision seven of this section,
if the property has not been delivered  to  the  owner  as  provided  in
section  two  hundred  fifty-four,  the  police shall give notice to the
owner, if known, and to any person they have reason to  believe  has  an
interest  in  the  property,  if the address or a former address of such
owner or person is known, and to all persons who have made claim to  the
property,  and  to  the  finder  and  any  person  who  has filed notice
asserting the right of the finder as provided  in  section  two  hundred
fifty-six.  Such  notice  shall  be  in  writing  and  shall  be  served
personally or sent by certified mail to the last known  address  of  the
person  to  whom  it is sent and shall state, in substance:  (a) that if
within three months after the date of personal service or mailing of the
notice the owner does not claim the property, and if at the end of  such
three  months no action is pending to determine rights to such property,
written notice of which action was served upon the police having custody
of the property, the property will be delivered to the finder or, if  he
establish  his  right,  to  a person entitled to assert the right of the
finder as provided in section two hundred fifty-six; and (b) that if  at
the  expiration  of  three  months  and  ten  days after the date of the
personal service or mailing of the notice, the owner has not claimed the
property and the finder, or a person entitled to assert the right of the
finder as provided in section two hundred fifty-six,  has  not  demanded
delivery  of  it,  and  no action is pending to determine rights to such
property, notice of which was served upon the police having  custody  of
the  property, it will be sold at public auction; and (c) in the case of
property in the custody of the state police, that the  proceeds  of  the
sale  will  be deposited in the abandoned property fund of the state and
in the case of property in the custody of other police that the proceeds
will become the property of the city, county, town or village.