2012 New York Consolidated Laws
RPP - Real Property
Article 12 - (370 - 436) REGISTERING TITLE TO REAL PROPERTY
371 - Petitions and proceedings to be in supreme court; title part of special term.


NY Real Prop L § 371 (2012) What's This?
 
    § 371. Petitions and proceedings to be in supreme court; title part of
  special  term. The petition for registration must be made to the supreme
  court; or to a justice thereof, sitting at a special term in any of  the
  counties  within the judicial department where the property is situated,
  and for that purpose said court shall be always open;  and  its  orders,
  judgments and decrees in cases coming under this article may be made and
  entered  as  well in vacation as in term time. The proceedings upon such
  petitions shall have the effect of proceedings in rem against the  land,
  and  the  final  orders  shall  have the effect of final judgments in an
  action and shall operate directly on the land  and  vest  and  establish
  title  thereto.  An  issue  raised  in  such  a case shall be tried at a
  special term of said court, in the  county  in  which  the  petition  is
  filed,  by  the  court,  except  that an issue of fact may be tried by a
  jury, in the manner prescribed by the civil practice law and rules. When
  in any county the  amount  of  business  under  this  article  makes  it
  necessary  or  proper that such business should be attended to by one or
  more justices of said court assigned for  that  purpose,  the  appellate
  division  of  the  judicial  department in which such county is situated
  shall designate  as  many  justices  as  may  be  deemed  necessary,  to
  constitute  the "title part" of the special term in that court; and said
  appellate division shall provide by rules of practice for  the  conduct,
  in  said  title  part, of the business coming under this article in such
  county. Said appellate  division  may  assign  one  or  more  additional
  justices  to  said  "title part" of the special term, or withdraw one or
  more justices therefrom, as the business coming under this  article  may
  require  and the availability of the supreme court justices make proper.
  One of the justices so assigned to the "title part" of the special  term
  in  any  county  shall  be designated by said appellate division to have
  general supervision and  control  of  the  business  coming  under  this
  article  in  that  county;  and  so  far as is reasonably possible, such
  designation shall remain unchanged, and such justice shall  be  retained
  continuously  in  such term and part during his term of office unless in
  the opinion of the appellate division  a  change  is  required  for  the
  better  enforcement or working of this law. One and the same justice may
  be assigned so as to have such general supervision and control in two or
  more counties of the judicial district for which he  is  elected.  Other
  duties  may  be  assigned  by  such  appellate division to such justice,
  provided that they do not interfere with his  work  in  supervising  and
  controlling   the  business  coming  under  this  article.  The  justice
  assigned, as herein provided, to have general supervision and control of
  the business coming under the article in any  county,  shall  also  have
  general  supervision  and  control  of all the official examiners within
  such county and it shall be his duty to observe and supervise their work
  as such official examiners, to advise them when necessary  and  to  make
  any  suggestions  or  recommendations  to  the  appellate  division with
  respect to discipline, suspension or removal of any of them  as  to  him
  may  seem  necessary  or  proper  in  the  interests  of  the successful
  operation of this law.

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