§ 1406 — Claims for abandoned property heretofore or hereafter paid to the state

New York § 1406

• Jurisdiction: New York
• Law ABP: Abandoned Property
• Art. 14: General Provisions

Text

§ 1406. Claims for abandoned property heretofore or hereafter paid to\nthe state. 1. (a) Claim may be filed with the state comptroller for any\nabandoned property amounting to over three dollars heretofore paid to\nthe state or hereafter paid or delivered to the state comptroller\npursuant to this chapter, except abandoned property heretofore paid to\nthe state pursuant to\n (i) section nine of chapter six hundred fifty-one of the laws of\neighteen hundred ninety-two, section forty-four of chapter fifty-eight\nof the laws of nineteen hundred nine or as such section was amended by\nchapter two hundred seventeen of the laws of nineteen hundred\nthirty-three and chapter two hundred thirty-one of the laws of nineteen\nhundred thirty-eight, and section eighty-four of chapter five hundred\nninety-three of the laws of nineteen hundred forty;\n (ii) section two hundred seventy-two of the surrogate's court act;\n (iii) chapter eight hundred fifteen of the laws of nineteen hundred\nforty-one as amended by chapter seven hundred eighty-eight of the laws\nof nineteen hundred forty-two;\n (iv) chapter one hundred seven of the laws of nineteen hundred\nforty-two, if such abandoned property was less than one dollar in\namount;\n (v) chapter seven hundred twenty-seven of the laws of nineteen hundred\ntwenty-six, or as such chapter was amended by chapter four hundred\nfifty-six of the laws of nineteen hundred twenty-seven and section sixty\nof chapter fifty-four of the laws of nineteen hundred twenty-nine, if so\npaid prior to June first, nineteen hundred forty-one;\n (vi) and abandoned property hereafter paid to the state comptroller\npursuant to subdivisions (a) or (b) of section six hundred one or\nsection twelve hundred twelve of this chapter.\n (b) The comptroller shall possess full and complete authority to\ndetermine all such claims and shall forthwith send written notice of\nsuch determination to the claimant. At any time within four months\nthereafter, such claimant may apply for a hearing and a redetermination\nof his claim. After an appropriate hearing on notice, before the\ncomptroller or person duly designated by him, the comptroller shall make\nand serve his final determination, which alone shall be reviewable by\napplication to the supreme court, Albany county, within four months\nfollowing the notice of such final determination, upon not less than ten\ndays' notice to the comptroller.\n (c) The comptroller, or any person duly designated by him, is\nempowered to take testimony and proofs, under oath, upon such hearing,\nand shall have power to subpoena and require the attendance of witnesses\nand the production of books, papers and documents pertinent to such\nhearings.\n (d) Whenever it shall be necessary for the state comptroller to\ndetermine the validity of a claim for abandoned property heretofore paid\nto the state pursuant to section five of the banking law or hereafter\npaid to the state pursuant to section thirteen hundred of this chapter,\nhe shall forthwith notify the corporation which paid such abandoned\nproperty to the state of such claim. Within thirty days after such\nnotification such corporation shall send a verified written report to\nthe state comptroller, containing such information as the state\ncomptroller may require from its books or records. The state comptroller\nshall determine from such report the validity of such claim.\n 2. (a) Claim in the amount or value of ten thousand dollars or more\nfor any abandoned property heretofore paid to the state pursuant to\nsection forty-four of chapter fifty-eight of the laws of nineteen\nhundred nine or as such section was amended by chapter two hundred\nseventeen of the laws of nineteen hundred thirty-three and chapter two\nhundred thirty-one of the laws of nineteen hundred thirty-eight, or\nhereafter paid to the state comptroller pursuant to paragraph (a) of\nsubdivision one of section six hundred of this chapter, may be\nestablished only on order of the court which had original jurisdiction\nof the underlying matter, after service of notice upon the state\ncomptroller and upon due notice to all parties to the action or\nproceeding which resulted in the monies being paid into court. Such\ncourt withdrawal action shall be commenced in the court which had\noriginal jurisdiction of the underlying matter using the court index\nnumber of such original action. Notwithstanding any other provision of\nlaw to the contrary, no such withdrawal action shall be brought as a\nspecial proceeding against the state comptroller. Notwithstanding any\nother provision of law to the contrary, if an order directing payment by\nthe state comptroller is made by the court, the claimant or the\nclaimant's attorney shall serve upon the state comptroller a copy\nthereof, duly certified by the clerk of the court to be a true copy of\nthe original of such order on file in the clerk's office.\n (b) Where the value or amount of the claim is less than ten thousand\ndollars, payment may be made by the state comptroller on sworn\napplication of the claimant when the identity of the claimant as the\nperson entitled to payment is established to the satisfaction of the\nstate comptroller. When, in the determination of the state comptroller,\nthere is insufficient information to enable the state comptroller to\nmake a determination of entitlement, any claim, including a claim the\namount of which is less than ten thousand dollars, must be established\non order of the court as set forth in paragraph (a) of this subdivision.\nThe decision of the state comptroller that the information is\ninsufficient shall not be deemed a denial of the claim.\n 3. Claim for any abandoned property heretofore paid to the state\npursuant to section two thousand two hundred twenty-two of the\nsurrogate's court procedure act or hereafter paid to the state\ncomptroller pursuant to paragraph (b) of subdivision one of section six\nhundred of this chapter may be established only in accordance with\nsection two thousand two hundred twenty-two of the surrogate's court\nprocedure act. Any other provision of law to the contrary\nnotwithstanding, if an order directing payment by the state comptroller\nis made by the court, the claimant or the claimant's attorney shall\nserve upon the state comptroller a copy thereof, duly certified by the\nclerk of the court to be a true copy of the original of such order on\nfile in the clerk's office.\n 4. (a) Claim for any abandoned property heretofore paid to the state\npursuant to chapter eight hundred fifteen of the laws of nineteen\nhundred forty-one as amended by chapter seven hundred eighty-eight of\nthe laws of nineteen hundred forty-two, or hereafter paid to the state\ncomptroller pursuant to section twelve hundred twelve of this chapter,\nmay be established only in accordance with this subdivision.\n (b) Such claim may be established only by a person, copartnership,\nunincorporated association or corporation who shall have had no actual\nknowledge of the escheat proceeding and who shall commence a proceeding\nin the supreme court within five years after the entry of the final\norder of escheat, except that this limitation of time shall be extended\npursuant to the provisions of limitations of time for commencing actions\nof the civil practice law and rules.\n (c) Such proceeding shall be commenced by a verified petition and\nnotice of motion, which shall be served upon the comptroller, who shall\nhave twenty days within which to answer. The petition shall set forth\nthe true name, residence and business address, if any, of the claimant\nand shall also set forth in full detail the basis of the claim and the\nclaimant's chain of title thereto.\n (d) In such proceeding the presumptions set forth in section twelve\nhundred one of this chapter shall apply.\n (e) If the court, after hearing the testimony, shall find that such\nclaimant, or his predecessor in interest, would have been entitled to\nany part of the escheated fund in the escheat proceeding, it shall enter\na final order directing the comptroller to pay to him from the abandoned\nproperty fund an amount equal to that part of such escheated fund to\nwhich he would have been so entitled, provided such amount shall have\nbeen collected and received by the comptroller, without interest and\ncosts.\n 5. (a) Payment made by the comptroller upon presentation of\nsatisfactory proof of entitlement, on a claim made by either of two\ndepositors for the proceeds of a joint deposit or share account\noriginally established pursuant to section six hundred seventy-five of\nthe banking law, shall be a valid and sufficient release and discharge\nto the comptroller for such payment made on account of such deposit or\nshare prior to the receipt by the comptroller of notice in writing\nsigned by any one of such depositors, not to pay such deposit or shares\nand any additions or accruals thereon. After receipt of such notice, the\ncomptroller may require the receipt or acquittance of both such\ndepositors or shareholders for any payment.\n (b) Payment by the comptroller on a claim for the proceeds of a\ndeposit account, including any additions or accruals thereon, originally\nestablished pursuant to section 7-5.2 of the estates, powers and trusts\nlaw or former subdivision two of section one hundred thirty-four of the\nbanking law, may be made to the beneficiary of such deposit account upon\npresentation of satisfactory proof of entitlement. The receipt or\nacquittance of such beneficiary shall be a valid and sufficient release\nand discharge to the comptroller for the deposit account, or any part\nthereof, for such payment prior to the receipt by the comptroller of\nnotice in writing that there exists a testamentary disposition\nsufficient to dispose of such deposit account pursuant to said section\n7-5.2 of the estates, powers and trusts law.\n 6. (a) Notwithstanding any other provision of law, claim for any\nabandoned condemnation award heretofore or hereafter paid to the state\ncomptroller pursuant to sections ten hundred and ten hundred three of\nthis chapter for the benefit of unknown persons, or for the benefit of\nknown owners if claim is made by the holder of an equitable lien, may be\nestablished only on order of the court which made the award after\nservice of notice upon the state comptroller. Any other provision of law\nto the contrary notwithstanding, if an order directing payment by the\nstate comptroller is made by the court, the claimant or the claimant's\nattorney shall serve upon the state comptroller a copy thereof, duly\ncertified by the clerk of the court to be a true copy of the original of\nsuch order on file in the clerk's office.\n (b) Notwithstanding any other provision of law, payment for any\nabandoned condemnation award heretofore or hereafter paid to the state\ncomptroller pursuant to sections ten hundred and ten hundred three of\nthis chapter for the benefit of known persons may be made by the state\ncomptroller on sworn application, where the name and last known address\nof the person or persons entitled to payment and any other identifying\ninformation as appearing on the records of the court into which payment\nwas made is included in the report required to be filed pursuant to\nsection ten hundred three of this chapter and when the identity of the\nclaimant as the person entitled to payment is established to the\nsatisfaction of the state comptroller. When, in the determination of the\nstate comptroller, the identifying information included in the report is\ninsufficient to enable the state comptroller to make a determination of\nentitlement, such claim must be established only on order of the court\nas set forth in paragraph (a) of this subdivision.\n