State Codes and Statutes

Statutes > New-york > Abp > Article-2 > 207

§  207.  Proceedings on receipt of petition. Prior to the presentation  of such petition, the petitioner shall cause  to  be  personally  served  upon  each  person who would have succeeded to any interest in said land  but for the alienage of such person or another or for any other rule  of  legal  incapacity hereinbefore mentioned affecting an attempted transfer  of such interest of such  person,  and  each  person  in  possession  or  occupation  or  who  has  filed a protest under section two hundred ten,  whose names and places of residence are known and cause to be  published  in  a  newspaper published in each county in which any part of said land  is situated, once in each week for three successive weeks  as  to  those  whose  names  and  places  of  residence  are unknown, a notice, in form  adopted or approved by the commissioner, directed to such persons.  Such  notice  shall  state the date on which such petition shall be filed with  the office of  general  services,  the  nature  of  the  application,  a  description  of  the  property  affected  and  the name of the person or  persons whose interest or interests shall have escheated to  the  people  of the state of New York. Such notice shall also provide that any person  or persons having a claim or right to said property equal to or superior  to  the  right  of  the petitioner may file a remonstrance with the said  commissioner on or before the date of said filing against  the  granting  of  such  petition  and  for the granting of a release to such person or  persons. Proof of service and of publication as aforementioned shall  be  filed  with  the  petition. The commissioner may take proof of the facts  alleged in said petition, by written or oral evidence, whether or not  a  sale  or release of said property was theretofore made, the value of the  property to be released, and such other facts as  in  his  judgment  are  necessary  to  determine the matter.   If a remonstrance shall have been  presented, the commissioner may take proof of the issues raised  thereby  and  the  relief  therein asked. The commissioner may, as a condition of  hearing the matter, require the petitioner or any remonstrant to produce  witnesses or advance the expense of producing them.

State Codes and Statutes

Statutes > New-york > Abp > Article-2 > 207

§  207.  Proceedings on receipt of petition. Prior to the presentation  of such petition, the petitioner shall cause  to  be  personally  served  upon  each  person who would have succeeded to any interest in said land  but for the alienage of such person or another or for any other rule  of  legal  incapacity hereinbefore mentioned affecting an attempted transfer  of such interest of such  person,  and  each  person  in  possession  or  occupation  or  who  has  filed a protest under section two hundred ten,  whose names and places of residence are known and cause to be  published  in  a  newspaper published in each county in which any part of said land  is situated, once in each week for three successive weeks  as  to  those  whose  names  and  places  of  residence  are unknown, a notice, in form  adopted or approved by the commissioner, directed to such persons.  Such  notice  shall  state the date on which such petition shall be filed with  the office of  general  services,  the  nature  of  the  application,  a  description  of  the  property  affected  and  the name of the person or  persons whose interest or interests shall have escheated to  the  people  of the state of New York. Such notice shall also provide that any person  or persons having a claim or right to said property equal to or superior  to  the  right  of  the petitioner may file a remonstrance with the said  commissioner on or before the date of said filing against  the  granting  of  such  petition  and  for the granting of a release to such person or  persons. Proof of service and of publication as aforementioned shall  be  filed  with  the  petition. The commissioner may take proof of the facts  alleged in said petition, by written or oral evidence, whether or not  a  sale  or release of said property was theretofore made, the value of the  property to be released, and such other facts as  in  his  judgment  are  necessary  to  determine the matter.   If a remonstrance shall have been  presented, the commissioner may take proof of the issues raised  thereby  and  the  relief  therein asked. The commissioner may, as a condition of  hearing the matter, require the petitioner or any remonstrant to produce  witnesses or advance the expense of producing them.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abp > Article-2 > 207

§  207.  Proceedings on receipt of petition. Prior to the presentation  of such petition, the petitioner shall cause  to  be  personally  served  upon  each  person who would have succeeded to any interest in said land  but for the alienage of such person or another or for any other rule  of  legal  incapacity hereinbefore mentioned affecting an attempted transfer  of such interest of such  person,  and  each  person  in  possession  or  occupation  or  who  has  filed a protest under section two hundred ten,  whose names and places of residence are known and cause to be  published  in  a  newspaper published in each county in which any part of said land  is situated, once in each week for three successive weeks  as  to  those  whose  names  and  places  of  residence  are unknown, a notice, in form  adopted or approved by the commissioner, directed to such persons.  Such  notice  shall  state the date on which such petition shall be filed with  the office of  general  services,  the  nature  of  the  application,  a  description  of  the  property  affected  and  the name of the person or  persons whose interest or interests shall have escheated to  the  people  of the state of New York. Such notice shall also provide that any person  or persons having a claim or right to said property equal to or superior  to  the  right  of  the petitioner may file a remonstrance with the said  commissioner on or before the date of said filing against  the  granting  of  such  petition  and  for the granting of a release to such person or  persons. Proof of service and of publication as aforementioned shall  be  filed  with  the  petition. The commissioner may take proof of the facts  alleged in said petition, by written or oral evidence, whether or not  a  sale  or release of said property was theretofore made, the value of the  property to be released, and such other facts as  in  his  judgment  are  necessary  to  determine the matter.   If a remonstrance shall have been  presented, the commissioner may take proof of the issues raised  thereby  and  the  relief  therein asked. The commissioner may, as a condition of  hearing the matter, require the petitioner or any remonstrant to produce  witnesses or advance the expense of producing them.