New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.65 - Registration of title to real property; sales of real estate under court direction

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Petitions for registration. Petitions
				  for the registration of titles to land made pursuant to article 12 of the Real
				  Property Law shall be made to the Supreme Court in the county where the land or
				  portion thereof affected by the petition is situated. Where a particular part
				  has been designated for this purpose as a title part under the provisions of
				  section 371 of such law, all petitions to register titles to land under the law
				  must be returnable at the said title part. If there is no such part, petitions
				  shall be returnable before the judge is assigned. Such title part or assigned
				  judge is hereinafter denominated as the appropriate part or judge in this
				  section.
(b)
				  Application for final order and judgment of registration. After the time
				  provided in the notice of hearing shall have expired, or within such further
				  time as may have been allowed by the court, if there have been no appearances
				  or answers to the petition, the petitioner may apply to the appropriate part or
				  judge for a final order and judgment of registration, as provided for in the
				  law. In all applications for such final order and judgment of registration, the
				  applicant or petitioner must present to the court proof by affidavit that all
				  the provisions of the law entitling the petitioner to such final order and
				  judgment of registration have been complied with.
(c) Application for jury trial.
				  Where an answer is interposed which raises an issue of fact which in an action
				  relating to the title to real property would be triable by a jury, either or
				  any party to the registration proceeding who is entitled to have such issue
				  determined may apply to the appropriate part or judge within 20 days after the
				  issue has been joined to have the issues framed to be tried by a jury, as
				  provided by CPLR 4102(b). The trial of such issues shall be had and the
				  subsequent proceedings in relation thereto shall be such as are prescribed by
				  the CPLR. After such issues are disposed of, either or any party to the
				  registration proceeding may apply to the appropriate part or judge, upon eight
				  days' notice to all who have appeared in the registration proceeding, for a
				  final order and judgment of registration, and on such application the court
				  shall try all other issues in the proceeding not disposed of by the jury, or
				  may refer any such issues undisposed of to be tried by an official examiner of
				  title as referee. Where all issues have been disposed of, any party, upon eight
				  days' notice to all who have appeared in the proceeding, may apply for the
				  final order and judgment of registration at the appropriate part or before the
				  appropriate assigned judge.
(d) Applications; notice requirements.
				  All applications to the court after a certificate of registration of title has
				  been issued under the provisions of the law must be made at the appropriate
				  part or before the appropriate assigned judge hereinbefore designated upon 20
				  days' notice to all persons interested in the said application. All
				  applications to the court under sections
				  404-a and
				  422 of the
				  Real Property Law shall be made to the appropriate part or judge upon eight
				  days' notice to all persons in interest, as provided by that section. All
				  applications made to the court under section
				  428 of the
				  Real Property Law shall also be made to the appropriate part or judge, upon
				  eight days' notice to the city or county treasurer and all other parties who
				  have appeared in the proceeding to recover for loss or damage or deprivation of
				  real property out of the assurance fund provided for by law.
(e) Sales of real estate. All
				  sales of real estate or an interest therein, made pursuant to a judgment,
				  decree or order, or by an officer of the court under its direction, shall be
				  made pursuant to section
				  231 of the Real Property Actions and
				  Proceedings Law, after notice as prescribed in that section. An auctioneer
				  selected for this purpose must be an attorney, or a licensed real estate
				  broker, or a salesman licensed for at least five years. The auctioneer's fee
				  for conducting the sale shall be as prescribed by law.