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This entry was published on 2023-01-06
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SECTION 1983
Commencement of proceeding
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 19-B
* § 1983. Commencement of proceeding. 1. After all provisions of
section nineteen hundred eighty-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 commercial or industrial real
property 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 eighty-two of this article 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 eighty-two of this
article 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 or her
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.

* NB Repealed June 30, 2025