2006 New York Code - Proceedings On Receipt Of Petition.


 
    §  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.


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