§ 23. Disposition of amount of award deposited. If the amount awarded
is deposited, as provided by section twenty-two of this act, any person
claiming an interest in the fund may apply to the supreme court in and
for the county of Albany, for an order of distribution. Such application
shall be made by verified petition setting forth the rights of any and
all persons who may have, or claim to have, any interest in or lien or
incumbrance on, the property so appropriated and the award therefor, and
the names and addresses of such persons, if known. Thereupon, such court
shall make an order, describing the property so appropriated, directed
to the attorney-general of the state of New York and to all such persons
and to any others who may be unknown, who have or claim to have, any
right, title, interest, claim or demand in or to said appropriated
property or said award, requiring them to appear before such court and
to present their claims or demands on account of such appropriation, at
a time and place stated in the order, in the city of Albany, not less
than thirty days after service of such order, and show cause why a final
order of distribution should not be made. If any such persons appear by
such petition to be residents of the state of New York, the order shall
be served in the same manner as a summons may be served in an action in
the supreme court. If the petition states that any are non-residents of
the state or that the names or addresses of any are unknown, the order
shall require the service of the order by publication as provided by
section fourteen of this act. The court may on the return day hear all
persons interested and make a final order of distribution or refer any
claim to a referee to hear, try and report. The court may likewise on
the confirmation of a report of a referee, after eight days' notice to
those who appeared on the return day, make a final order of
distribution. If all the interested parties are competent and over the
age of twenty-one years they may enter into a written stipulation
providing for the distribution and the court shall thereupon issue an
order which shall implement the stipulation. The determination of the
court and final order of distribution shall, unless set aside or
reversed on appeal, be final and conclusive upon the owners or other
persons claiming any interest in or lien or incumbrance on the property
so appropriated and the award therefor.