Legislation
SECTION 1973
Commencement of proceeding
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 19-A
§ 1973. Commencement of proceeding. 1. After all provisions of section
nineteen hundred seventy-two of this article have been complied with,
the department may commence a proceeding in a court of competent
jurisdiction in the county in which the dwelling is located, to vest
title to the property in the city, town or village.
2. The petition in such proceeding shall be accompanied by a copy of
the certification and proof by affidavit that the provisions of section
nineteen hundred seventy-two have been complied with and that no party
served with the notice pursuant to such section has taken the
appropriate action prescribed therein in response thereto.
3. A copy of the petition shall be served on all persons to whom
notice was given pursuant to section nineteen hundred seventy-two of
this title by personal service pursuant to article three of the civil
practice law and rules. A notice of pendency shall be filed in
accordance with the provisions of section sixty-five hundred one of the
civil practice law and rules. A copy of the petition shall also be
posted in a conspicuous place on the premises in question, accompanied
by a notice that any person having or claiming an interest in the
property may appear at the hearing thereon to protect his interest.
4. The petition shall be noticed to be heard not less than fifteen
days after service is completed on all parties to the proceeding.
5. A special proceeding pursuant to this article may also be commenced
by order to show cause, in which case the manner of service and the time
at which the order is returnable shall be as prescribed therein by the
court.
nineteen hundred seventy-two of this article have been complied with,
the department may commence a proceeding in a court of competent
jurisdiction in the county in which the dwelling is located, to vest
title to the property in the city, town or village.
2. The petition in such proceeding shall be accompanied by a copy of
the certification and proof by affidavit that the provisions of section
nineteen hundred seventy-two have been complied with and that no party
served with the notice pursuant to such section has taken the
appropriate action prescribed therein in response thereto.
3. A copy of the petition shall be served on all persons to whom
notice was given pursuant to section nineteen hundred seventy-two of
this title by personal service pursuant to article three of the civil
practice law and rules. A notice of pendency shall be filed in
accordance with the provisions of section sixty-five hundred one of the
civil practice law and rules. A copy of the petition shall also be
posted in a conspicuous place on the premises in question, accompanied
by a notice that any person having or claiming an interest in the
property may appear at the hearing thereon to protect his interest.
4. The petition shall be noticed to be heard not less than fifteen
days after service is completed on all parties to the proceeding.
5. A special proceeding pursuant to this article may also be commenced
by order to show cause, in which case the manner of service and the time
at which the order is returnable shall be as prescribed therein by the
court.