§ 1974. Decision and judgment of court. 1. If any party to the
proceeding contests the issue of abandonment, the burden of proving that
the dwelling is abandoned shall be upon the department, and the court
shall make a finding based on the facts before it.

2. (a) Upon application by any party to the proceeding, the court may
order a stay of the proceeding for such time as the court deems proper
to permit the mortgagee or lienor to foreclose his mortgage or lien and
to permit the owner, mortgagor or lienor to enter the property to make
repairs or if the property be vacant to seal or continuously guard the
building as required by law. The court may impose such terms upon the
owner, mortgagee or lienor as it deems proper for the issuance of said
order, including the posting of such security, if any, as it may
require. At the expiration of the period prescribed by the court, the
court may extend the time of the owner, mortgagee or lienor to comply
with the order, dismiss the proceeding if the owner, mortgagee or lienor
has substantially complied with the order, or issue a judgment as
provided in subdivision three of this section, if the court finds that
the owner, mortgagee or lienor has failed to comply with the order.

(b) Notwithstanding paragraph (a) of this subdivision, if the
department has brought a proceeding pursuant to section nineteen hundred
seventy-three of this chapter based on a finding of abandonment pursuant
to paragraph (c) of subdivision one of section nineteen hundred
seventy-one of this chapter, the court may not grant a stay for more
than six months, nor extend it for more than an additional three months.

3. Upon a finding by the court that the dwelling is abandoned, the
court shall enter a final judgment in favor of the petitioner. The fact
that an administrator has been appointed pursuant to article seven-A of
this chapter shall not prevent the court from entering a final judgment
in favor of the petitioner upon a finding by the court that the dwelling
is abandoned. The final judgment shall direct such officer of the city,
town or village in which the dwelling is located as may be designated in
the judgment to execute and record a deed conveying title of the
premises to the city, town or village thirty days after entry of
judgment. Upon the entry of such judgment the city, town or village
shall be seized of an estate in fee simple absolute in such land and all
persons, including the state of New York, infants, incompetents,
absentees and non-residents who may have had any right, title, interest,
claim, lien or equity of redemption in or upon such lands shall be
barred and forever foreclosed of all such right, title, interest, claim,
lien or equity of redemption.

4. The provisions of section three hundred seventeen of the civil
practice law and rules shall not apply to a proceeding instituted
pursuant to this article. A motion or action to set aside a judgment in
a proceeding instituted prusuant to this article on the grounds either
that there was a failure to comply with the provisions of this article
as to notice or that a defect in the proceeding prejudiced a substantial
right of a party may be instituted within ninety days after the deed
vesting title in a city has been recorded, but not thereafter.

5. The right, title and interest of a purchaser or incumbrancer of a
property as to which a deed vesting title in a city, town or village has
been recorded pursuant to a judgment obtained through this article shall
not be affected or impaired by a motion or action instituted more than
ninety days after such deed vesting title in a city, town or village has
been recorded.