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This entry was published on 2014-09-22
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Proceedings upon the petition; notice of hearing
Real Property (RPP) CHAPTER 50, ARTICLE 12
§ 385. Proceedings upon the petition; notice of hearing. Immediately
upon the filing of the petition and of the notice thereof as provided in
section three hundred eighty-two of this chapter, and upon receiving the
preliminary report of the official examiner of title as to the
sufficiency of parties, the registrar shall cause a notice, fixing the
time and place at which the petition will be heard, to be published in a
newspaper published in the county in which the land is situated. The
return day of said notice shall not be less than twenty days nor more
than sixty days after the date of publication. The registrar shall also,
within seven days of the publication of said notice in a newspaper,
cause a copy of said notice to be sent by certified letter, demanding a
return personally signed receipt card, to every party to the proceeding
whose address is known. The court may also cause other or further notice
of the petition to be given. The court shall, so far as it considers it
possible, require proof of actual notice to all parties who appear to
have any interest in, or claim to, the land included in the petition.
Notice to such persons by mail shall be by certified letter, demanding a
return personally signed receipt card. The registrar shall also cause
the notice of such proceeding and hearing to be posted, at least
fourteen days before the return day, in a conspicuous place on each
parcel of land affected by the proceeding. The certificate of the
registrar that he has served the notice as directed by the court, by
publishing and mailing, and that the notice has been duly posted upon
the land, shall be filed in the case, with affidavits in support of the
same, on or before the return day, and shall be proof of such service.
The necessary disbursements of the official examiner of title in the
course of his work, the expense of the publication, the mailing, the
disbursements for service of the notice, and the posting on the land of
the notices shall be paid by the petitioner. Upon the return day the
hearing may be adjourned from time to time by the court on its own
motion or on the motion of the official examiner of title, or of any
party. Service of notice upon the people of the state of New York may be
made by mailing a copy of said notice securely inclosed in a postpaid
wrapper and directed to the attorney general of the state of New York.
Where the people of the state of New York or any municipality in the
state is made a party to the proceeding or appears therein the registrar
shall serve upon the state or such municipality on its appearance in
such proceeding by the attorney general or corporation counsel or
officer discharging similar functions, a copy of the petition, abstract
of title and survey filed which abstract of title shall contain a full
chain of title disclosing the base or underlying title and the tax sale
title if there be one, and all mortgages, liens, encumbrances, wills,
administrations of estates, and proceedings of all kinds and nature,
relating to the real property in question, as required by this article.
Unless the court otherwise directs no report shall be made upon the
petition, until the time specified in the notice of the hearing on the
petition, and, if any adverse claimant or objector appears, the report
shall not be confirmed until opportunity is given to contest the rights
of the petitioner in such manner as shall be allowed by the court. The
court may refer to the official examiner of title any controverted
matter or question for hearing and report. Default shall be noted on the
failure to appear of any of those on whom the notice of hearing has been
served and upon petition to the court a final order and judgment of
registration may be entered at once on the failure to appear and object
of all persons so served. The official examiner's report upon being
presented to the court shall be prima facie and presumptive evidence of
the facts stated therein, and all statements in the report shall be
taken and construed as statements of fact, unless they are expressly
declared therein to be conclusions or opinions. In no case shall the
court be bound by the report of an official examiner of title but may
require other or further proof. If any party to the proceeding
controverts any statement contained in the official examiner's report,
the facts controverting such statement must be specifically pleaded and
set forth and must be established affirmatively by the party pleading or
setting forth the same. The trial of any issue raised shall be governed
by and shall proceed according to the laws of this state and the rules
of the court in so far as the same are not expressly abrogated or
modified by this article.