Legislation
SECTION 207
Proceedings on receipt of petition
Abandoned Property (ABP) CHAPTER 1, ARTICLE 2
§ 207. Proceedings on receipt of petition. Prior to the presentation
of such petition, the petitioner shall cause to be personally served
upon each person who would have succeeded to any interest in said land
but for the alienage of such person or another or for any other rule of
legal incapacity hereinbefore mentioned affecting an attempted transfer
of such interest of such person, and each person in possession or
occupation or who has filed a protest under section two hundred ten,
whose names and places of residence are known and cause to be published
in a newspaper published in each county in which any part of said land
is situated, once in each week for three successive weeks as to those
whose names and places of residence are unknown, a notice, in form
adopted or approved by the commissioner, directed to such persons. Such
notice shall state the date on which such petition shall be filed with
the office of general services, the nature of the application, a
description of the property affected and the name of the person or
persons whose interest or interests shall have escheated to the people
of the state of New York. Such notice shall also provide that any person
or persons having a claim or right to said property equal to or superior
to the right of the petitioner may file a remonstrance with the said
commissioner on or before the date of said filing against the granting
of such petition and for the granting of a release to such person or
persons. Proof of service and of publication as aforementioned shall be
filed with the petition. The commissioner may take proof of the facts
alleged in said petition, by written or oral evidence, whether or not a
sale or release of said property was theretofore made, the value of the
property to be released, and such other facts as in his judgment are
necessary to determine the matter. If a remonstrance shall have been
presented, the commissioner may take proof of the issues raised thereby
and the relief therein asked. The commissioner may, as a condition of
hearing the matter, require the petitioner or any remonstrant to produce
witnesses or advance the expense of producing them.
of such petition, the petitioner shall cause to be personally served
upon each person who would have succeeded to any interest in said land
but for the alienage of such person or another or for any other rule of
legal incapacity hereinbefore mentioned affecting an attempted transfer
of such interest of such person, and each person in possession or
occupation or who has filed a protest under section two hundred ten,
whose names and places of residence are known and cause to be published
in a newspaper published in each county in which any part of said land
is situated, once in each week for three successive weeks as to those
whose names and places of residence are unknown, a notice, in form
adopted or approved by the commissioner, directed to such persons. Such
notice shall state the date on which such petition shall be filed with
the office of general services, the nature of the application, a
description of the property affected and the name of the person or
persons whose interest or interests shall have escheated to the people
of the state of New York. Such notice shall also provide that any person
or persons having a claim or right to said property equal to or superior
to the right of the petitioner may file a remonstrance with the said
commissioner on or before the date of said filing against the granting
of such petition and for the granting of a release to such person or
persons. Proof of service and of publication as aforementioned shall be
filed with the petition. The commissioner may take proof of the facts
alleged in said petition, by written or oral evidence, whether or not a
sale or release of said property was theretofore made, the value of the
property to be released, and such other facts as in his judgment are
necessary to determine the matter. If a remonstrance shall have been
presented, the commissioner may take proof of the issues raised thereby
and the relief therein asked. The commissioner may, as a condition of
hearing the matter, require the petitioner or any remonstrant to produce
witnesses or advance the expense of producing them.