Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Order determining disposition of real property 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 19
§ 1907. Order determining disposition of real property

1. Upon the return of process the court shall inquire into the facts,
the value of the property and the best manner and time of disposition.

2. The court may direct the disposition of all or part of the real
property, describing it.

3. The order may determine whether the property shall be sold at
public or private sale and may fix the manner, terms and conditions

4. Where a contract for the disposition of the property accompanies
the petition, the order may direct disposition in accordance with its
terms or any modification thereof.

5. If the court finds that it is not necessary to dispose of the real
property or of any part thereof it may nevertheless determine the rights
and interests of the parties and direct a conveyance to them in
confirmation of their title or transferring the property to them in full
or partial satisfaction of their distributive share.

6. If the order is made in the course of an accounting proceeding, the
court shall adjourn a judicial settlement to await the proceedings taken
under the order.