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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