N.Y. Crim. Proc. Law § 420.45

§ 420.45 Post-trial motion relating to certain instruments affecting\n residential real property.\n 1. When a defendant has been convicted after a trial or pled guilty to\nviolating either section 175.30 or 175.35 of the penal law in connection\nto an instrument that is material to the transfer or purchase of\nresidential real property, the district attorney may file a motion in\nthe supreme court in the county where the property that is subject to\nthe instrument is located on behalf of the victim to void the instrument\nthat is the subject of such criminal information or indictment. Such\nmotion must be in writing and provide reasonable notice to all persons\nwho have an interest in the property affected by such instrument. The\nmotion papers must state the county or borough, if in the city of New\nYork, and block, lot, street address of such property, and a description\nof such property. The motion papers must state the grounds of the\nmotion, must contain sworn allegations of fact supporting such grounds,\nand include a copy of the guilty disposition attached to the document.\n 2. Within ten days after filing a motion pursuant to subdivision one\nof this section, the district attorney shall record a copy of the notice\nof motion in the office of the clerk of the county in which the property\nis situated. The notice shall be indexed by the clerk in the manner\nprescribed by subdivision (c) of rule sixty-five hundred eleven of the\ncivil practice law and rules for a notice of pendency of action and\nshall have the same effect as such notice.\n 3. The supreme court must conduct a hearing and make findings of fact\nessential to the determination whether to declare the instrument\ndescribed in subdivision one of this section void ab initio. All persons\nproviding factual information at such hearing must testify under oath.\nThere will be a rebuttable presumption that where a party is convicted\nafter a trial in criminal court or a guilty plea to either section\n175.30 or section 175.35 of the penal law in connection with an\ninstrument that is material to the transfer or sale of residential real\nproperty, that such instrument is void ab initio.\n 4. Upon the defendant's conviction of or guilty plea to section 175.30\nor section 175.35 of the penal law as described in subdivision one of\nthis section, and after conducting a hearing pursuant to subdivision\nthree of this section, a court shall make a determination and if\nappropriate shall order that the instrument described in subdivision one\nof this section be declared void ab initio or grant other appropriate\nrelief to the victim. The order of the court shall describe the nature\nof the false statement or false information contained in such\ninstrument. A copy of such instrument shall be attached to the order of\nthe court.\n 5. If the order relates to an instrument that has been filed with,\nregistered, or recorded in a public office, the district attorney shall\nrecord a certified copy of such order in the office of the recording\nofficer of the county in which such property is situated, in the same\nmanner as a conveyance duly acknowledged or proved and certified so as\nto entitle it to be recorded. Such recording officer shall record the\nsame in his or her said office.\n 6. For purposes of this section, "all persons who have an interest in\nthe property affected by such instrument" shall mean all parties who\nhave recorded an instrument affecting the real property that is the\nsubject of the instrument described in subdivision one of this section,\nincluding any party or entity that may have liens of interest on the\nproperty, and any current residents of the property, as of the date of\nthe filing of the criminal information or indictment.\n 7. Nothing in this section shall be deemed to inhibit or prevent a\nparty's right to appeal such order.\n