2012 New York Consolidated Laws
RPP - Real Property
Article 12 - (370 - 436) REGISTERING TITLE TO REAL PROPERTY
385 - Proceedings upon the petition; notice of hearing.

 
    §  385.  Proceedings upon the petition; notice of hearing. Immediately
  upon the filing of the petition and of the notice thereof as provided in
  section three hundred eighty-two of this chapter, and upon receiving the
  preliminary  report  of  the  official  examiner  of  title  as  to  the
  sufficiency  of  parties, the registrar shall cause a notice, fixing the
  time and place at which the petition will be heard, to be published in a
  newspaper published in the county in which the  land  is  situated.  The
  return  day  of  said notice shall not be less than twenty days nor more
  than sixty days after the date of publication. The registrar shall also,
  within seven days of the publication of  said  notice  in  a  newspaper,
  cause  a copy of said notice to be sent by certified letter, demanding a
  return personally signed receipt card, to every party to the  proceeding
  whose address is known. The court may also cause other or further notice
  of  the petition to be given. The court shall, so far as it considers it
  possible, require proof of actual notice to all parties  who  appear  to
  have  any  interest  in, or claim to, the land included in the petition.
  Notice to such persons by mail shall be by certified letter, demanding a
  return personally signed receipt card. The registrar  shall  also  cause
  the  notice  of  such  proceeding  and  hearing  to  be posted, at least
  fourteen days before the return day, in  a  conspicuous  place  on  each
  parcel  of  land  affected  by  the  proceeding.  The certificate of the
  registrar that he has served the notice as directed  by  the  court,  by
  publishing  and  mailing,  and that the notice has been duly posted upon
  the land, shall be filed in the case, with affidavits in support of  the
  same,  on  or before the return day, and shall be proof of such service.
  The necessary disbursements of the official examiner  of  title  in  the
  course  of  his  work,  the expense of the publication, the mailing, the
  disbursements for service of the notice, and the posting on the land  of
  the  notices  shall  be  paid by the petitioner. Upon the return day the
  hearing may be adjourned from time to time  by  the  court  on  its  own
  motion  or  on  the  motion of the official examiner of title, or of any
  party. Service of notice upon the people of the state of New York may be
  made by mailing a copy of said notice securely inclosed  in  a  postpaid
  wrapper  and  directed to the attorney general of the state of New York.
  Where the people of the state of New York or  any  municipality  in  the
  state is made a party to the proceeding or appears therein the registrar
  shall  serve  upon  the  state or such municipality on its appearance in
  such proceeding by  the  attorney  general  or  corporation  counsel  or
  officer  discharging similar functions, a copy of the petition, abstract
  of title and survey filed which abstract of title shall contain  a  full
  chain  of title disclosing the base or underlying title and the tax sale
  title if there be one, and all mortgages,  liens,  encumbrances,  wills,
  administrations  of  estates,  and  proceedings of all kinds and nature,
  relating to the real property in question, as required by this  article.
  Unless  the  court  otherwise  directs  no report shall be made upon the
  petition, until the time specified in the notice of the hearing  on  the
  petition,  and,  if any adverse claimant or objector appears, the report
  shall not be confirmed until opportunity is given to contest the  rights
  of  the  petitioner in such manner as shall be allowed by the court. The
  court may refer to the  official  examiner  of  title  any  controverted
  matter or question for hearing and report. Default shall be noted on the
  failure to appear of any of those on whom the notice of hearing has been
  served  and  upon  petition  to  the court a final order and judgment of
  registration may be entered at once on the failure to appear and  object
  of  all  persons  so  served.  The official examiner's report upon being
  presented to the court shall be prima facie and presumptive evidence  of
  the  facts  stated  therein,  and  all statements in the report shall be
  taken and construed as statements of fact,  unless  they  are  expressly

  declared  therein  to  be  conclusions or opinions. In no case shall the
  court be bound by the report of an official examiner of  title  but  may
  require  other  or  further  proof.  If  any  party  to  the  proceeding
  controverts  any  statement contained in the official examiner's report,
  the facts controverting such statement must be specifically pleaded  and
  set forth and must be established affirmatively by the party pleading or
  setting  forth the same. The trial of any issue raised shall be governed
  by and shall proceed according to the laws of this state and  the  rules
  of  the  court  in  so  far  as  the same are not expressly abrogated or
  modified by this article.