§ 1613 — Order of confirmation; contents and subsequent procedures

New York § 1613

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 16: Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition

Text

§ 1613. Order of confirmation; contents and subsequent procedures. 1.\nWhen the agreement reported to the court pursuant to the provisions of\nsection 1612 appears to the court to conform in all particulars to the\nfinal order authorizing the transaction, an order shall be made\napproving and confirming the agreement and directing the trustee or\nreferee to execute and to deliver the mortgage, lease or deed of such\nreal property which is required thereby. No order of confirmation shall\nbe withheld on the ground that the market value of such real property\nhas changed between the execution of such agreement and the hearing of\nthe application for confirmation thereof.\n 2. The order of confirmation, in the discretion of the court, shall\ndirect the payment to each participant in the proceeding of the\nreasonable disbursements made or incurred by him in the course of the\nproceeding, and shall make such reasonable allowances, as to the court\nseem proper, to persons who have served in the proceeding as referee,\nguardian ad litem, or counsel; and shall direct the mode of payment of\nall these allowances.\n 3. The order of confirmation shall also include such provisions as\njustice may require for the application, safeguarding, management and\ndistribution of the fund to be derived from the ordered transaction.\nThe statutory provisions applicable to the safeguarding, management or\ndistribution of the fund produced by a sale in an action for partition\nshall apply to the proceeds derived from a sale authorized by this\nsection, so far as this is practical.\n