2006 New York Code - Transfer Of Property Of Extinct Parishes And Churches

 
    §  59-b.  Transfer  of  property of extinct parishes and churches. The
  Metropolitan Synod Apostolic Episcopal Church may decide that  a  parish
  or  church  in  connection  with  it or over which it has ecclesiastical
  jurisdiction, and to  which  this  article  is  applicable,  has  become
  extinct,  if it has failed for two consecutive years next prior thereto,
  to maintain religious services according to the discipline, customs  and
  usages  of  such  synod,  or  has  had  less than ten resident attending
  members making annual or regular contributions towards its support,  and
  may  take possession of the temporalities and property belonging to such
  church or parish and manage the  same;  or  may,  in  pursuance  of  the
  provisions of this chapter relating to the disposition of real property,
  sell or dispose of the same and apply the proceeds thereof to any of the
  purposes  to  which  the property of such synod is devoted, and it shall
  not divert such property  to  any  other  object.  For  the  purpose  of
  obtaining  a  record  title to the land and the church edifice, or other
  buildings thereon, by such synod, the surviving trustee or  trustees  of
  said  extinct  church  or  if  there  be  no  surviving  trustee, then a
  surviving member of said extinct church, may,  without  a  consideration
  being  paid  therefor  by  such synod, convey to it said land and church
  edifice, or other buildings thereon, subject, however, to  an  order  of
  the  supreme  or  county  court based upon a petition reciting that said
  church has  become  extinct;  the  name  of  its  surviving  trustee  or
  trustees;  and  the  names  of  its  members  (who must have given their
  consent to the making of said conveyance).  Upon  the  recital  of  said
  facts  in  said  petition, the court shall have jurisdiction to grant an
  order allowing said conveyance to be made without a  consideration;  and
  should there be no surviving members, as well as no surviving trustee of
  said  extinct  church,  said  petition may be made by an officer of said
  synod, in which event the court, upon the recital of  said  fact,  shall
  have  jurisdiction  to  appoint  a  suitable  person  as trustee for the
  purpose of making said conveyance.