§ 79.43 — Notice of pendency of proceeding; effect

New York § 79.43

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 79: Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration

Text

§ 79.43 Notice of pendency of proceeding; effect.\n In all proceedings taken under this article, if real property or any\ninterest therein is intended to be affected, the petitioner shall file\nin the clerk's office of each county where the property is situated a\nnotice of the pendency of such proceeding which shall set forth the\ngeneral nature and object of the proceeding and a brief description of\nthe real property in that county to be affected thereby, which notice\nmust be filed with the petition or at any time thereafter and before any\nfinal adjudication in the proceeding. The clerk shall index such notice\nagainst the name of the alleged incompetent. The pendency of the\nproceeding is constructive notice from the time of so filing the notice\nonly to a purchaser or incumbrancer of the property affected thereby\nfrom or against the alleged incompetent with respect to whom the notice\nis directed to be indexed. A person whose conveyance or incumbrance is\nsubsequently executed or subsequently recorded is bound by all\nproceedings taken after the filing of the notice to the same extent as\nif he was a party to the proceeding. But this provision shall not\nprevent a jury in a proper proceeding, on sufficient proof, from\nrendering a verdict that shall overreach any conveyance or incumbrance\ntheretofore executed by the alleged incompetent, so as to make such\nconveyance or incumbrance prima facie void.\n