§ 256 — Exceptions

§ 256. Exceptions. 1. If a finder takes possession of lost property\nwhile he is upon premises with respect to which his presence is a crime,\nthe person in possession of the premises where the lost property was\nfound shall have the rights of the finder as provided in section two\nhundred fifty-four of this chapter, if, before the property is delivered\nto the finder by the police, he files with the police having custody of\nthe property a written notice asserting his rights.\n 2. If the finder is an officer or employee of the state or of a public\ncorporation and takes possession of the property in the course of his\nofficial duty, the state or public corporation shall be deemed to be the\nfinder for the the purposes of section two hundred fifty-four and\nsection two hundred fifty-seven of this chapter. If, in any other case,\nthe finder is an employee under a duty to deliver the lost property to\nhis employer, the employer shall have the rights of the finder as\nprovided in section two hundred fifty-four if, before the property is\ndelivered to the finder by the police, he shall file with the police\nhaving custody of the property a written notice asserting such rights.\n 3. If either lost property deposited with the police or an instrument\ndeposited with the police was discovered upon the enclosed safe deposit\npremises of a safe deposit company or safe deposit department of a bank,\nthe police shall return it to the safe deposit company or bank at the\nexpiration of six months from the date of deposit. Upon receipt thereof\nthe safe deposit company or bank shall hold the property or instrument\nas bailee for the person entitled thereto. If such person has not\nclaimed it at the expiration of fifteen years from the date it was\nreturned by the police and the property or instrument has not been\ndelivered to the state comptroller pursuant to an order of the supreme\ncourt as provided in section thirteen hundred ten of the abandoned\nproperty law, the safe deposit company or bank shall pay that portion of\nsuch property which consists of money to the comptroller as unclaimed\nproperty. The safe deposit company or bank shall sell such property as\ndoes not consist of money and shall sell such instrument at a public\nsale, and the proceeds from such sale, less the expenses of such sale,\nincluding the costs of any advertising, shall be paid to the state\ncomptroller as unclaimed property. Any such property or instrument\ndetermined to be valueless at such sale shall be delivered to the\ncomptroller as unclaimed property.\n 4. A person who finds or comes into possession of property or an\ninstrument while he is in or on a transportation facility while it is\nbeing operated as such shall be subject to the provisions of this\narticle if he leaves the transportation facility at any place in this\nstate taking with him at the time of such departure property or an\ninstrument found by him in or upon the transportation facility or found\nproperty or a found instrument of which he acquired possession while in\nor upon the transportation facility. In such case the place where he\nleaves the transportation facility taking the found property or\ninstrument with him shall be deemed for the purposes of this article to\nbe the place where the finding occurred or possession was acquired.\n For the purposes of subdivision four of section two hundred fifty-two\nof this chapter, a transportation facility shall be deemed "premises"\nand "person in possession of the premises" shall include any person\nactually operating a transportation facility and any officer, agent or\nemployee of the transportation company actually or apparently authorized\nto receive delivery of the property or instrument.\n For the purposes of subdivision three of section two hundred\nfifty-three, a transportation facility operated by a transportation\ncompany shall be deemed "premises" and the transportation company, or\nits officer, agent or employee authorized to act with respect to custody\nof lost and found property, shall be deemed to be the person in charge\nof such premises.\n 5. Except as otherwise prescribed pursuant to section two hundred\nfifty of the general municipal law, if the person who reports the\nfinding or acquisition of possession of found property or an instrument\nis (a) a transportation company subject to the provisions of an act of\ncongress known as the "interstate commerce act," as amended, or engaged\nin air transportation pursuant to certificate or permit of the civil\naeronautics board issued pursuant to an act of congress known as the\n"civil aeronautics act of nineteen hundred thirty-eight," as amended,\nand the property or instrument was found on a transportation facility\noperated by such transportation company or (b) a safe deposit company or\nbank and the property or instrument was found on enclosed safe deposit\npremises of such safe deposit company or of the safe deposit department\nof such bank, such transportation company, safe deposit company or bank\nshall not be required to deposit such property or instrument at the time\nthe report is made, but shall within sixty days after it acquired\npossession of the property or instrument deposit such property or\ninstrument with the police to whom the report was made, unless within\nsuch time the property has been returned to the owner or the instrument\nhas been returned to a person entitled thereto. Such transportation\ncompany, safe deposit company or bank shall hold such property or\ninstrument subject to inspection at any time by the police to whom the\nreport was made or by the police designated by an agreement pursuant to\nsection two hundred fifty-one of the general municipal law.\n A transportation company, safe deposit company or bank retaining\npossession of property or an instrument pursuant to this subdivision\nafter report of its acquisition of possession thereof shall (a) give\nnotice of its acquisition of possession of the instrument to each person\nwhose name and address appears on the instrument or whose name so\nappears and whose address is known to it, and (b) if such transportation\ncompany, safe deposit company or bank has reason to believe that a\nperson has an interest in the property or instrument and reason to know\nhis whereabouts, shall give notice to him of its possession. But this\nparagraph does not require that a transportation company give such\nnotice or notices with respect to instruments enclosed in an article of\nbaggage or in a briefcase, purse or like article at the time it acquired\npossession of such article.\n 6. If at any time an action or proceeding shall be commenced to\ndetermine the right to found property or to an instrument and written\nnotice of such action shall be served upon the police having custody of\nthe property or instrument, the police shall not thereafter deliver the\nproperty or instrument to any person except pursuant to court order.\n 7. This article does not supersede or limit any other statute or rule\nof law governing custody or disposition of articles in the custody of\nthe police which constitute evidence of the commission of a crime, or\nwhich may not lawfully be possessed, or which may not lawfully be\npossessed without license.\n