§ 1974 — Decision and judgment of court

§ 1974. Decision and judgment of court. 1. If any party to the\nproceeding contests the issue of abandonment, the burden of proving that\nthe dwelling is abandoned shall be upon the department, and the court\nshall make a finding based on the facts before it.\n 2. (a) Upon application by any party to the proceeding, the court may\norder a stay of the proceeding for such time as the court deems proper\nto permit the mortgagee or lienor to foreclose his mortgage or lien and\nto permit the owner, mortgagor or lienor to enter the property to make\nrepairs or if the property be vacant to seal or continuously guard the\nbuilding as required by law. The court may impose such terms upon the\nowner, mortgagee or lienor as it deems proper for the issuance of said\norder, including the posting of such security, if any, as it may\nrequire. At the expiration of the period prescribed by the court, the\ncourt may extend the time of the owner, mortgagee or lienor to comply\nwith the order, dismiss the proceeding if the owner, mortgagee or lienor\nhas substantially complied with the order, or issue a judgment as\nprovided in subdivision three of this section, if the court finds that\nthe owner, mortgagee or lienor has failed to comply with the order.\n (b) Notwithstanding paragraph (a) of this subdivision, if the\ndepartment has brought a proceeding pursuant to section nineteen hundred\nseventy-three of this chapter based on a finding of abandonment pursuant\nto paragraph (c) of subdivision one of section nineteen hundred\nseventy-one of this chapter, the court may not grant a stay for more\nthan six months, nor extend it for more than an additional three months.\n 3. Upon a finding by the court that the dwelling is abandoned, the\ncourt shall enter a final judgment in favor of the petitioner. The fact\nthat an administrator has been appointed pursuant to article seven-A of\nthis chapter shall not prevent the court from entering a final judgment\nin favor of the petitioner upon a finding by the court that the dwelling\nis abandoned. The final judgment shall direct such officer of the city,\ntown or village in which the dwelling is located as may be designated in\nthe judgment to execute and record a deed conveying title of the\npremises to the city, town or village thirty days after entry of\njudgment. Upon the entry of such judgment the city, town or village\nshall be seized of an estate in fee simple absolute in such land and all\npersons, including the state of New York, infants, incompetents,\nabsentees and non-residents who may have had any right, title, interest,\nclaim, lien or equity of redemption in or upon such lands shall be\nbarred and forever foreclosed of all such right, title, interest, claim,\nlien or equity of redemption.\n 4. The provisions of section three hundred seventeen of the civil\npractice law and rules shall not apply to a proceeding instituted\npursuant to this article. A motion or action to set aside a judgment in\na proceeding instituted prusuant to this article on the grounds either\nthat there was a failure to comply with the provisions of this article\nas to notice or that a defect in the proceeding prejudiced a substantial\nright of a party may be instituted within ninety days after the deed\nvesting title in a city has been recorded, but not thereafter.\n 5. The right, title and interest of a purchaser or incumbrancer of a\nproperty as to which a deed vesting title in a city, town or village has\nbeen recorded pursuant to a judgment obtained through this article shall\nnot be affected or impaired by a motion or action instituted more than\nninety days after such deed vesting title in a city, town or village has\nbeen recorded.\n