§ 253 — Duties of police

New York § 253

• Jurisdiction: New York
• Law PEP: Personal Property
• Art. 7-B: Lost and Found Property

Text

§ 253. Duties of police. 1. Unless otherwise prescribed in accordance\nwith section two hundred fifty of the general municipal law or section\ntwo hundred twenty-five-a of the executive law and unless otherwise\nprovided by law applicable specifically to matters prescribed in this\nsection, the police with whom found property or a found instrument is\ndeposited shall accept and retain custody of the property or instrument,\nor proceeds of the property in the event of a sale pursuant to\nsubdivision five of this section, and shall give notice of such custody,\nas provided in this section.\n The police with whom found property or a found instrument is deposited\nas provided in this article shall give to the person depositing it a\nreceipt identifying the transaction of deposit and identifying the\nproperty or instrument. Such identification may be by description and\nrecital of the facts of the transaction or by reference numbers,\nduplicate copies of records, or other method connecting the receipt with\nthe records of the police with respect to the property or instrument and\nthe transaction.\n 2. Such property or instrument shall be transmitted, together with the\nreport of the person who deposited it with the police, to the police\nofficer or other official designated to hold such property or\ninstrument, who shall make entry in his records of such deposit and the\nreport of the person depositing such property or instrument with the\npolice.\n 3. If the report of the person who deposited the property or\ninstrument shows that the property or instrument was found in a place\nother than a public street or highway, the police with whom it is\ndeposited shall give notice of the finding and deposit, including the\nlocation of the office to which the property or instrument is\ntransmitted, to the occupant of the premises where the property or\ninstrument was found or to the person in charge of such premises.\n The police with whom an instrument is deposited shall give notice of\nthe deposit to each person whose name and address appears upon the\ninstrument or whose name so appears and whose address is known to the\npolice.\n 4. If at any time the police have reason to believe that a person has\nan interest in found property or in a found instrument in their\npossession and reason to know his whereabouts, they shall give notice of\nthe finding and deposit and the location of the office to which the\nproperty or instrument is transmitted to such person.\n 5. (a) Property having salvage value only may be sold by the police in\nsuch manner as may be reasonable in the circumstances. Perishable\nproperty shall be sold by the police as soon as possible in such manner\nas may be reasonable in the circumstances.\n (b) Property which requires special care may be kept by the police in\npublic or private facilities which the police deem appropriate for the\npurpose of preserving it.\n (c) Any property may be sold by the police at public auction when the\nexpenses reasonably incurred in dealing with it, including expenses of\ntaking of custody, transportation, storage and appraisal, any special\nexpense incurred in giving notice, and any other special expense\nattributable to administration of this article with respect to the\nparticular property, amount to more than one-half the amount reasonably\nestimated as the net sum likely to be realized by sale at public\nauction.\n (d) If property is sold as provided in this subdivision the proceeds\nremaining after deducting the amount of reasonable expenses of the sale\nand reasonable expenses of dealing with the property prior to the sale,\nincluding any items of expense mentioned in paragraph (c), shall be\ndealt with as lost property having the value of the property sold.\n 6. Subject to subdivision three of section two hundred fifty-six of\nthis chapter and to section thirteen hundred ten or other applicable\nsection of the abandoned property law, instruments shall be retained in\nthe custody of the police with whom they were deposited until delivered\nto the person entitled thereto as provided in section two hundred\nfifty-five of this chapter.\n 7. Except as provided in subdivision three of section two hundred\nfifty-six of this chapter, lost property, and the proceeds of sale\npursuant to subdivision five of this section remaining after deduction\nof expenses as provided in that subdivision, shall be kept in the\ncustody of the police for the following periods, unless sooner delivered\nto the owner as provided in section two hundred fifty-four:\n Property having a value of less than one hundred dollars or proceeds\nof property having such value, three months; property having a value of\none hundred dollars or more but less than five hundred dollars or\nproceeds of property having such value, six months; property having a\nvalue of five hundred dollars or more but less than five thousand\ndollars or proceeds of property having such value, one year; property\nhaving a value of five thousand dollars or more or proceeds of property\nhaving such value, three years.\n 8. Three months before the expiration of the period applicable to the\nproperty in question, as specified in subdivision seven of this section,\nif the property has not been delivered to the owner as provided in\nsection two hundred fifty-four, the police shall give notice to the\nowner, if known, and to any person they have reason to believe has an\ninterest in the property, if the address or a former address of such\nowner or person is known, and to all persons who have made claim to the\nproperty, and to the finder and any person who has filed notice\nasserting the right of the finder as provided in section two hundred\nfifty-six. Such notice shall be in writing and shall be served\npersonally or sent by certified mail to the last known address of the\nperson to whom it is sent and shall state, in substance: (a) that if\nwithin three months after the date of personal service or mailing of the\nnotice the owner does not claim the property, and if at the end of such\nthree months no action is pending to determine rights to such property,\nwritten notice of which action was served upon the police having custody\nof the property, the property will be delivered to the finder or, if he\nestablish his right, to a person entitled to assert the right of the\nfinder as provided in section two hundred fifty-six; and (b) that if at\nthe expiration of three months and ten days after the date of the\npersonal service or mailing of the notice, the owner has not claimed the\nproperty and the finder, or a person entitled to assert the right of the\nfinder as provided in section two hundred fifty-six, has not demanded\ndelivery of it, and no action is pending to determine rights to such\nproperty, notice of which was served upon the police having custody of\nthe property, it will be sold at public auction; and (c) in the case of\nproperty in the custody of the state police, that the proceeds of the\nsale will be deposited in the abandoned property fund of the state and\nin the case of property in the custody of other police that the proceeds\nwill become the property of the city, county, town or village.\n