1974 - Decision and Judgment of Court.

NY Real Prop Actions L § 1974 (2019) (N/A)
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(b) Notwithstanding paragraph (a) of this subdivision, if the department has brought a proceeding pursuant to section nineteen hundred seventy-three of this chapter based on a finding of abandonment pursuant to paragraph (c) of subdivision one of section nineteen hundred seventy-one of this chapter, the court may not grant a stay for more than six months, nor extend it for more than an additional three months. 3. Upon a finding by the court that the dwelling is abandoned, the court shall enter a final judgment in favor of the petitioner. The fact that an administrator has been appointed pursuant to article seven-A of this chapter shall not prevent the court from entering a final judgment in favor of the petitioner upon a finding by the court that the dwelling is abandoned. The final judgment shall direct such officer of the city, town or village in which the dwelling is located as may be designated in the judgment to execute and record a deed conveying title of the premises to the city, town or village thirty days after entry of judgment. Upon the entry of such judgment the city, town or village shall be seized of an estate in fee simple absolute in such land and all persons, including the state of New York, infants, incompetents, absentees and non-residents who may have had any right, title, interest, claim, lien or equity of redemption in or upon such lands shall be barred and forever foreclosed of all such right, title, interest, claim, lien or equity of redemption. 4. The provisions of section three hundred seventeen of the civil practice law and rules shall not apply to a proceeding instituted pursuant to this article. A motion or action to set aside a judgment in a proceeding instituted prusuant to this article on the grounds either that there was a failure to comply with the provisions of this article as to notice or that a defect in the proceeding prejudiced a substantial right of a party may be instituted within ninety days after the deed vesting title in a city has been recorded, but not thereafter. 5. The right, title and interest of a purchaser or incumbrancer of a property as to which a deed vesting title in a city, town or village has been recorded pursuant to a judgment obtained through this article shall not be affected or impaired by a motion or action instituted more than ninety days after such deed vesting title in a city, town or village has been recorded.