§ 1406. Claims for abandoned property heretofore or hereafter paid to
the state. 1. (a) Claim may be filed with the state comptroller for any
abandoned property amounting to over three dollars heretofore paid to
the state or hereafter paid or delivered to the state comptroller
pursuant to this chapter, except abandoned property heretofore paid to
the state pursuant to

(i) section nine of chapter six hundred fifty-one of the laws of
eighteen hundred ninety-two, section forty-four of chapter fifty-eight
of the laws of nineteen hundred nine or as such section was amended by
chapter two hundred seventeen of the laws of nineteen hundred
thirty-three and chapter two hundred thirty-one of the laws of nineteen
hundred thirty-eight, and section eighty-four of chapter five hundred
ninety-three of the laws of nineteen hundred forty;

(ii) section two hundred seventy-two of the surrogate's court act;

(iii) chapter eight hundred fifteen of the laws of nineteen hundred
forty-one as amended by chapter seven hundred eighty-eight of the laws
of nineteen hundred forty-two;

(iv) chapter one hundred seven of the laws of nineteen hundred
forty-two, if such abandoned property was less than one dollar in
amount;

(v) chapter seven hundred twenty-seven of the laws of nineteen hundred
twenty-six, or as such chapter was amended by chapter four hundred
fifty-six of the laws of nineteen hundred twenty-seven and section sixty
of chapter fifty-four of the laws of nineteen hundred twenty-nine, if so
paid prior to June first, nineteen hundred forty-one;

(vi) and abandoned property hereafter paid to the state comptroller
pursuant to subdivisions (a) or (b) of section six hundred one or
section twelve hundred twelve of this chapter.

(b) The comptroller shall possess full and complete authority to
determine all such claims and shall forthwith send written notice of
such determination to the claimant. At any time within four months
thereafter, such claimant may apply for a hearing and a redetermination
of his claim. After an appropriate hearing on notice, before the
comptroller or person duly designated by him, the comptroller shall make
and serve his final determination, which alone shall be reviewable by
application to the supreme court, Albany county, within four months
following the notice of such final determination, upon not less than ten
days' notice to the comptroller.

(c) The comptroller, or any person duly designated by him, is
empowered to take testimony and proofs, under oath, upon such hearing,
and shall have power to subpoena and require the attendance of witnesses
and the production of books, papers and documents pertinent to such
hearings.

(d) Whenever it shall be necessary for the state comptroller to
determine the validity of a claim for abandoned property heretofore paid
to the state pursuant to section five of the banking law or hereafter
paid to the state pursuant to section thirteen hundred of this chapter,
he shall forthwith notify the corporation which paid such abandoned
property to the state of such claim. Within thirty days after such
notification such corporation shall send a verified written report to
the state comptroller, containing such information as the state
comptroller may require from its books or records. The state comptroller
shall determine from such report the validity of such claim.

2. (a) Claim in the amount or value of ten thousand dollars or more
for any abandoned property heretofore paid to the state pursuant to
section forty-four of chapter fifty-eight of the laws of nineteen
hundred nine or as such section was amended by chapter two hundred
seventeen of the laws of nineteen hundred thirty-three and chapter two
hundred thirty-one of the laws of nineteen hundred thirty-eight, or
hereafter paid to the state comptroller pursuant to paragraph (a) of
subdivision one of section six hundred of this chapter, may be
established only on order of the court which had original jurisdiction
of the underlying matter, after service of notice upon the state
comptroller and upon due notice to all parties to the action or
proceeding which resulted in the monies being paid into court. Such
court withdrawal action shall be commenced in the court which had
original jurisdiction of the underlying matter using the court index
number of such original action. Notwithstanding any other provision of
law to the contrary, no such withdrawal action shall be brought as a
special proceeding against the state comptroller. Notwithstanding any
other provision of law to the contrary, if an order directing payment by
the state comptroller is made by the court, the claimant or the
claimant's attorney shall serve upon the state comptroller a copy
thereof, duly certified by the clerk of the court to be a true copy of
the original of such order on file in the clerk's office.

(b) Where the value or amount of the claim is less than ten thousand
dollars, payment may be made by the state comptroller on sworn
application of the claimant when the identity of the claimant as the
person entitled to payment is established to the satisfaction of the
state comptroller. When, in the determination of the state comptroller,
there is insufficient information to enable the state comptroller to
make a determination of entitlement, any claim, including a claim the
amount of which is less than ten thousand dollars, must be established
on order of the court as set forth in paragraph (a) of this subdivision.
The decision of the state comptroller that the information is
insufficient shall not be deemed a denial of the claim.

3. Claim for any abandoned property heretofore paid to the state
pursuant to section two thousand two hundred twenty-two of the
surrogate's court procedure act or hereafter paid to the state
comptroller pursuant to paragraph (b) of subdivision one of section six
hundred of this chapter may be established only in accordance with
section two thousand two hundred twenty-two of the surrogate's court
procedure act. Any other provision of law to the contrary
notwithstanding, if an order directing payment by the state comptroller
is made by the court, the claimant or the claimant's attorney shall
serve upon the state comptroller a copy thereof, duly certified by the
clerk of the court to be a true copy of the original of such order on
file in the clerk's office.

4. (a) Claim for any abandoned property heretofore paid to the state
pursuant to chapter eight hundred fifteen of the laws of nineteen
hundred forty-one as amended by chapter seven hundred eighty-eight of
the laws of nineteen hundred forty-two, or hereafter paid to the state
comptroller pursuant to section twelve hundred twelve of this chapter,
may be established only in accordance with this subdivision.

(b) Such claim may be established only by a person, copartnership,
unincorporated association or corporation who shall have had no actual
knowledge of the escheat proceeding and who shall commence a proceeding
in the supreme court within five years after the entry of the final
order of escheat, except that this limitation of time shall be extended
pursuant to the provisions of limitations of time for commencing actions
of the civil practice law and rules.

(c) Such proceeding shall be commenced by a verified petition and
notice of motion, which shall be served upon the comptroller, who shall
have twenty days within which to answer. The petition shall set forth
the true name, residence and business address, if any, of the claimant
and shall also set forth in full detail the basis of the claim and the
claimant's chain of title thereto.

(d) In such proceeding the presumptions set forth in section twelve
hundred one of this chapter shall apply.

(e) If the court, after hearing the testimony, shall find that such
claimant, or his predecessor in interest, would have been entitled to
any part of the escheated fund in the escheat proceeding, it shall enter
a final order directing the comptroller to pay to him from the abandoned
property fund an amount equal to that part of such escheated fund to
which he would have been so entitled, provided such amount shall have
been collected and received by the comptroller, without interest and
costs.

5. (a) Payment made by the comptroller upon presentation of
satisfactory proof of entitlement, on a claim made by either of two
depositors for the proceeds of a joint deposit or share account
originally established pursuant to section six hundred seventy-five of
the banking law, shall be a valid and sufficient release and discharge
to the comptroller for such payment made on account of such deposit or
share prior to the receipt by the comptroller of notice in writing
signed by any one of such depositors, not to pay such deposit or shares
and any additions or accruals thereon. After receipt of such notice, the
comptroller may require the receipt or acquittance of both such
depositors or shareholders for any payment.

(b) Payment by the comptroller on a claim for the proceeds of a
deposit account, including any additions or accruals thereon, originally
established pursuant to section 7-5.2 of the estates, powers and trusts
law or former subdivision two of section one hundred thirty-four of the
banking law, may be made to the beneficiary of such deposit account upon
presentation of satisfactory proof of entitlement. The receipt or
acquittance of such beneficiary shall be a valid and sufficient release
and discharge to the comptroller for the deposit account, or any part
thereof, for such payment prior to the receipt by the comptroller of
notice in writing that there exists a testamentary disposition
sufficient to dispose of such deposit account pursuant to said section
7-5.2 of the estates, powers and trusts law.

6. (a) Notwithstanding any other provision of law, claim for any
abandoned condemnation award heretofore or hereafter paid to the state
comptroller pursuant to sections ten hundred and ten hundred three of
this chapter for the benefit of unknown persons, or for the benefit of
known owners if claim is made by the holder of an equitable lien, may be
established only on order of the court which made the award after
service of notice upon the state comptroller. Any other provision of law
to the contrary notwithstanding, if an order directing payment by the
state comptroller is made by the court, the claimant or the claimant's
attorney shall serve upon the state comptroller a copy thereof, duly
certified by the clerk of the court to be a true copy of the original of
such order on file in the clerk's office.

(b) Notwithstanding any other provision of law, payment for any
abandoned condemnation award heretofore or hereafter paid to the state
comptroller pursuant to sections ten hundred and ten hundred three of
this chapter for the benefit of known persons may be made by the state
comptroller on sworn application, where the name and last known address
of the person or persons entitled to payment and any other identifying
information as appearing on the records of the court into which payment
was made is included in the report required to be filed pursuant to
section ten hundred three of this chapter and when the identity of the
claimant as the person entitled to payment is established to the
satisfaction of the state comptroller. When, in the determination of the
state comptroller, the identifying information included in the report is
insufficient to enable the state comptroller to make a determination of
entitlement, such claim must be established only on order of the court
as set forth in paragraph (a) of this subdivision.