S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   536

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. BREN-
  NAN, DIAZ, GLICK, ORTIZ, PAULIN, PHEFFER, WEISENBERG -- read once  and
  referred to the Committee on Judiciary

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to establishing time restrictions for  court  issued  consent
  orders  for  work  performance  to remove or remedy conditions in such
  petition

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision a of section 777 of the real property actions
and proceedings law, as added by chapter 909 of the  laws  of  1965,  is
amended to read as follows:
  a. If, after a trial, the court shall determine that the facts alleged
in  the petition have been affirmatively established by the petitioners,
that no defense thereto specified in section seven hundred  seventy-five
OF  THIS  ARTICLE  has  been affirmatively established by the owner or a
mortgagee or lienor of record, and that the facts alleged in  the  peti-
tion  warrant the granting of the relief sought, and if the owner or any
mortgagee or lienor of record or other person having an interest in  the
property,  shall  apply to the court to be permitted to remove or remedy
the conditions specified in such petition and shall (1) demonstrate  the
ability  promptly  to undertake the work required; and (2) post security
for the performance thereof within the  time,  and  in  the  amount  and
manner,  deemed  necessary  by  the  court,  then  the court, in lieu of
rendering judgment as provided in section seven hundred  seventy-six  of
this  article,  may issue an order permitting such person to perform the
work within a time fixed by the court BUT IN NO EVENT  MORE  THAN  SIXTY
DAYS  FROM THE DATE OF THE ORDER OF THE COURT UNLESS THE COURT GRANTS AN
EXTENSION OF TIME FOR GOOD CAUSE SHOWN. THE PROVISIONS OF THIS  SUBDIVI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02561-01-9
              

A. 536                              2

SION  SHALL  ONLY  BE  AVAILABLE  TO  THE  MORTGAGEE OR LIENOR ONCE WITH
RESPECT TO ANY PETITION FILED PURSUANT TO THIS ARTICLE.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.