2006 New York Code - Application For Surplus.

 
    * §  1418.  Application  for surplus. 1. Any person or entity claiming
  the surplus moneys arising from the sale of the mortgaged property, or a
  part thereof, may, within twenty days after the filing of the report  of
  the  sale,  file  under  the  index  number assigned to the non-judicial
  proceeding in the office of the clerk of the county where the sale  took
  place,  a  written notice of the claim, stating the nature and extent of
  the claim. Thereafter, an application, with proof of  service  upon  the
  mortgagor,  the  record  owner  of the mortgaged property, and any other
  person who or entity which has filed a claim to the surplus  moneys  may
  be  made  by  any  person  who  or entity which has filed a claim to the
  surplus moneys, seeking an order directing payment thereof  out  of  the
  surplus moneys.
    2.  Upon  such  application,  or  at  any  time  within  three  months
  thereafter, on notice to all persons who or  entities  which  have  been
  served  with the notice of sale or filed claims to the surplus money, or
  any part thereof, on motion of any person who or entity which has  filed
  a  notice of claim to the surplus money, or any part thereof, the court,
  by reference or otherwise, shall ascertain and report the amount due  to
  the  applicant,  or  to  any person who or entity which has a lien on or
  claim to such surplus money, or any part thereof, and  the  priority  of
  the several liens or claims thereon, and shall order distribution of the
  surplus moneys by the county treasurer.
    3.  The owner of the equity of redemption, or any person who or entity
  which has responded to the application, or  any  person  who  or  entity
  which  files  a  notice  of  claim  or  has  a recorded lien against the
  mortgaged property shall be given notice by mail or in such other manner
  as the court shall direct, to attend any hearing on disposition  of  the
  surplus  moneys  and shall have the right to receive distribution of the
  surplus moneys, or any portion thereof, in any manner  directed  by  the
  court.
    * NB Repealed July 1, 2009