2006 New York Code - Petition For Release Of Escheated Lands.


 
    §  206.  Petition  for  release of escheated lands.  1. Where there is
  good reason to believe that real property shall have  escheated  to  the
  state  and  final  judgment  shall not have been entered as hereinbefore
  provided, a petition for the release to the petitioner of  any  interest
  in  real  property  believed to have escheated to the state by reason of
  the failure of heirs or the incapacity, for any reason except infancy or
  mental incompetency, of any of the petitioner's alleged predecessors  in
  interest  to take such property by devise or otherwise, or to convey the
  same or by reason of the alienage  of  any  person,  who  but  for  such
  alienage  would have succeeded to such interest, may be presented to the
  commissioner of general services within forty years after such  escheat.
  Such petition may be presented:
    a. By any person who would have succeeded to such interest but for his
  alienage or the alienage of another person, or
    b.  By the surviving husband, widow, stepfather, stepmother or adopted
  child of the person whose interest has so escheated, or
    c. By the purchaser at a judicial sale or sheriff's sale on execution,
  or
    d. By an heir, devisee, assignee, grantee,  immediate  or  remote,  or
  executor of any person, who but for his death, assignment or grant could
  present  such  petition,  or the alleged grantee of any person or of any
  association or body, whether incorporated or not,  who  or  which  would
  have  succeeded  by  devise or otherwise to the title of such person but
  for his alienage or a legal incapacity to take or convey the property so
  escheated, or
    e. By a person having a contract to purchase made prior to the date of
  escheat with the person whose interest shall have escheated.
    2. Such petition shall be verified by  each  petitioner  in  the  same
  manner  as  a  pleading  in a court of record may be verified, and shall
  allege:
    a. The name and residence of each person owning any interest  in  such
  real property immediately prior to the escheat;
    b.  The  name  and  residence of each petitioner and the circumstances
  which entitle him to present such petition;
    c. The name and place of residence of  every  person  who  would  have
  succeeded  to  any such interest but for his alienage or the alienage of
  another or any other rule  of  legal  incapacity  hereinabove  mentioned
  affecting an attempted transfer of such interest to such person or to or
  by any of his alleged predecessors in interest;
    d.  The  description and value, at the date of the verification of the
  petition, of such real property sought to be released;
    e. The description and value, at the date of the verification  of  the
  petition,  of  all  the  property  of every such owner, which shall have
  escheated to the people of the state by reason of failure  of  heirs  or
  alienage  and which shall not then have been released or conveyed by the
  state;
    f. The name and  residence  of  each  person  having  or  claiming  an
  interest  in  such  real property at the date of the verification of the
  petition and the nature and value of such interest;
    g. Any special facts or circumstances by reason of which it is claimed
  that such interest should be released to the petitioner;
    h. The name and residence of each person in possession  or  occupation
  of the premises and the nature, if any, of the interest of such person;
    i.  The  name and residence of each person having filed a protest with
  the commissioner of general services under the provisions of section two
  hundred ten.
    Such petition may be filed within sixty days  after  its  verification
  with the office of general services.


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