2006 New York Code - Claims Against State


 
    §  215.  Claims  against state. Where an action has been commenced and
  final judgment in favor of the people entered therein by reason  of  the
  escheat  of  real  property to the people and the said property has been
  sold pursuant to section two hundred four, any party or parties thereto,
  or their successors in interest, who, but  for  the  rendering  of  such
  final  judgment  would  have  been entitled to such real property, or an
  interest therein, shall have a claim against the state for the value  of
  such  real property or interest therein at the time of the entry of such
  judgment, but no such claim shall  exist  in  favor  of  such  party  or
  parties or their successors in interest unless a petition therefor shall
  have  been  filed  as hereinafter provided within fifteen years from the
  date of entry of such final judgment unless such  party  or  parties  to
  such  ejectment  action shall have been, at the time of the commencement
  of such action or entry of final judgment, incompetent to conduct his or
  her affairs by reason of mental illness or mental  retardation  or  have
  been under the age of eighteen years, or be imprisoned in execution upon
  conviction  of  a  criminal  offense,  in which event the period of such
  disability shall not be deemed to be a part of the time  limited  within
  which  such  petition  may  be  filed.  Such  party or parties, or their
  successors in  interest  shall  petition  the  commissioner  of  general
  services for payment of the sum or a part thereof received by the state,
  upon  the  sale  made pursuant to section two hundred four, and the said
  commissioner if satisfied that the claim is just and is made by a  party
  who,  except  for the entry of final judgment in an action authorized by
  section two hundred one would have been entitled to the real property or
  an interest therein affected by said action, may certify such  facts  to
  the court of claims, whereupon that court is empowered and authorized to
  determine  the  amount  of  such  claim  or  claims  and  award judgment
  therefor, the total of  which  in  no  event  shall  exceed  the  amount
  received  by  the people upon the sale of said real property pursuant to
  section two hundred four.


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