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N.Y. Real Prop. Acts. Law § 371

Petitions and proceedings to be in supreme court; title part of special term

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2016
As of January 1, 2015
§ 371. Petitions and proceedings to be in supreme court; title part of\nspecial term. The petition for registration must be made to the supreme\ncourt; or to a justice thereof, sitting at a special term in any of the\ncounties within the judicial department where the property is situated,\nand for that purpose said court shall be always open; and its orders,\njudgments and decrees in cases coming under this article may be made and\nentered as well in vacation as in term time. The proceedings upon such\npetitions shall have the effect of proceedings in rem against the land,\nand the final orders shall have the effect of final judgments in an\naction and shall operate directly on the land and vest and establish\ntitle thereto. An issue raised in such a case shall be tried at a\nspecial term of said court, in the county in which the petition is\nfiled, by the court, except that an issue of fact may be tried by a\njury, in the manner prescribed by the civil practice law and rules. When\nin any county the amount of business under this article makes it\nnecessary or proper that such business should be attended to by one or\nmore justices of said court assigned for that purpose, the appellate\ndivision of the judicial department in which such county is situated\nshall designate as many justices as may be deemed necessary, to\nconstitute the "title part" of the special term in that court; and said\nappellate division shall provide by rules of practice for the conduct,\nin said title part, of the business coming under this article in such\ncounty. Said appellate division may assign one or more additional\njustices to said "title part" of the special term, or withdraw one or\nmore justices therefrom, as the business coming under this article may\nrequire and the availability of the supreme court justices make proper.\nOne of the justices so assigned to the "title part" of the special term\nin any county shall be designated by said appellate division to have\ngeneral supervision and control of the business coming under this\narticle in that county; and so far as is reasonably possible, such\ndesignation shall remain unchanged, and such justice shall be retained\ncontinuously in such term and part during his term of office unless in\nthe opinion of the appellate division a change is required for the\nbetter enforcement or working of this law. One and the same justice may\nbe assigned so as to have such general supervision and control in two or\nmore counties of the judicial district for which he is elected. Other\nduties may be assigned by such appellate division to such justice,\nprovided that they do not interfere with his work in supervising and\ncontrolling the business coming under this article. The justice\nassigned, as herein provided, to have general supervision and control of\nthe business coming under the article in any county, shall also have\ngeneral supervision and control of all the official examiners within\nsuch county and it shall be his duty to observe and supervise their work\nas such official examiners, to advise them when necessary and to make\nany suggestions or recommendations to the appellate division with\nrespect to discipline, suspension or removal of any of them as to him\nmay seem necessary or proper in the interests of the successful\noperation of this law.\n
§ 371. Petitions and proceedings to be in supreme court; title part of\nspecial term.\n The petition for registration must be made to the supreme court; or to\na justice thereof, sitting at a special term in any of the counties\nwithin the judicial department where the property is situated, and for\nthat purpose said court shall be always open; and its orders, judgments\nand decrees in cases coming under this article may be made and entered\nas well in vacation as in term time. The proceedings upon such petitions\nshall have the effect of proceedings in rem against the land, and the\nfinal orders shall have the effect of final judgments in an action and\nshall operate directly on the land and vest and establish title thereto.\nAn issue raised in such a case shall be tried at a special term of said\ncourt, in the county in which the petition is filed, by the court,\nexcept that an issue of fact may be tried by a jury, in the manner\nprescribed by the civil practice law and rules. When in any county the\namount of business under this article makes it necessary or proper that\nsuch business should be attended to by one or more justices of said\ncourt assigned for that purpose, the appellate division of the judicial\ndepartment in which such county is situated shall designate as many\njustices as may be deemed necessary, to constitute the "title part" of\nthe special term in that court; and said appellate division shall\nprovide by rules of practice for the conduct, in said title part, of the\nbusiness coming under this article in such county. Said appellate\ndivision may assign one or more additional justices to said "title part"\nof the special term, or withdraw one or more justices therefrom, as the\nbusiness coming under this article may require and the availability of\nthe supreme court justices make proper. One of the justices so assigned\nto the "title part" of the special term in any county shall be\ndesignated by said appellate division to have general supervision and\ncontrol of the business coming under this article in that county; and so\nfar as is reasonably possible, such designation shall remain unchanged,\nand such justice shall be retained continuously in such term and part\nduring his term of office unless in the opinion of the appellate\ndivision a change is required for the better enforcement or working of\nthis law. One and the same justice may be assigned so as to have such\ngeneral supervision and control in two or more counties of the judicial\ndistrict for which he is elected. Other duties may be assigned by such\nappellate division to such justice, provided that they do not interfere\nwith his work in supervising and controlling the business coming under\nthis article. The justice assigned, as herein provided, to have general\nsupervision and control of the business coming under the article in any\ncounty, shall also have general supervision and control of all the\nofficial examiners within such county and it shall be his duty to\nobserve and supervise their work as such official examiners, to advise\nthem when necessary and to make any suggestions or recommendations to\nthe appellate division with respect to discipline, suspension or removal\nof any of them as to him may seem necessary or proper in the interests\nof the successful operation of this law.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.