§ 19.17 Clarifying title to property on loan. Notwithstanding any
other provisions of law regarding abandoned or lost property the office
may, beginning five years from the date the lender last contacted the
office, clarify title to property on permanent loan or loaned for an
indeterminate period or a specified term that has expired. Proof of the
date on which the lender last contacted the office may include
previously sent registered letters or loan forms, returned envelopes,
inventories and other documentary evidence. The procedure for clarifying
title shall be as follows:

1. The office must give notice by mail to the lender that it wishes to
clarify ownership rights in the property.

2. In addition to the information described in section 19.16 of this
article, the notice shall be entitled "Notice of Termination" and must
include a statement containing substantially the following information:
"The records of the office of parks, recreation and historic
preservation indicate that you have property on loan at (name of
facility). The office is seeking to determine whether you wish (i) that
the office return the property to you, (ii) that the property remain on
loan to the office subject to annual renewal, or (iii) that the office
retain the property permanently as its owner. Please contact (name of
contact) in writing within one hundred twenty days, in order to advise
the office as to which of the above alternatives you wish to follow."

3. If, no later than one hundred twenty days following receipt
thereof, the lender does not respond to the notice of termination by
submitting a written claim to the property on loan with verifying
documentation the office shall send a second notice to the lender
containing the following information: "On (date of first notice), the
office of parks, recreation and historic preservation sent you a notice
concerning property that, according to our records, has been loaned to
the office. You have not responded to that notice, a copy of which is
enclosed, and the office will commence proceedings to acquire title to
the property if you do not contact (name of contact), in writing within
one hundred twenty days of receiving this second notice."

4. If the lender fails to respond to the second notice described in
subdivision three of this section within one hundred twenty days of
receipt, at the request of the commissioner, the attorney general may
make an application to the supreme court pursuant to article thirty of
the civil practice law and rules for a declaratory judgment to determine
the office's right to such property. In a case in which there is no
evidence that the notices previously sent by the office were received by
the lender, upon application, the supreme court shall specify the method
by which service shall be made upon the lender.