There is a newer version of the New York Consolidated Laws
2006 New York Code - Judicial Review Of Survey.
§ 26-239 Judicial review of survey. a. Institution of proceeding. Whenever the report of any such survey, had as aforesaid, shall recite that the structure or premises thus surveyed is unsafe or dangerous, structurally or as a fire hazard, or dangerous or detrimental to human life, health or morals, the corporation counsel shall, at the time specified in the notice, place such notice and report before the justice holding a special term of the court named in the notice. b. Precedence of proceeding. The determination of the issue in an unsafe structure proceeding shall have precedence over every other business of such supreme court. A trial of the issue shall be held without delay, at the time specified in the notice, and shall be held by the justice holding such court or by a referee, whose decision or report in the matter shall be final, unless a jury trial is demanded, in which case the verdict of such jury shall be final. c. Postponement of trial. If, for any reason, the issue shall be tried at a time other than that specified in such notice, or to which the trial may be adjourned, the issue may be brought into trial at any time thereafter by the superintendent without a new survey, upon at least three days' notice of trial to the person upon whom the original notice was served, or to his or her attorney. Such notice of trial may be served in the same manner as the original notice. d. Precept to abate. Upon the rendition of a verdict of the court or decision of the referee, if such verdict or decision shall find the structure or premises to be unsafe or dangerous, structurally or as a fire hazard, or dangerous or detrimental to human life, health or morals, the justice trying the case, or to whom the report of the referee trying the case shall be presented, shall immediately issue a precept directed to the superintendent, reciting such verdict or decision, and commanding him or her forthwith to vacate and repair and secure, or to repair and secure, or take down or remove the structure or part thereof or other premises that shall have been named in the report, in accordance with such verdict or decision.
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