§ 1984 — Decision and judgment of the court

* § 1984. Decision and judgment of the court. 1. If any party to the\nproceeding contests the issue of abandonment, the burden of proving that\nthe commercial or industrial real property is abandoned shall be upon\nthe department, and the court shall make a finding based on the facts\nbefore 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 its 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\neighty-three of this article based on a finding of abandonment pursuant\nto paragraph (c) of subdivision one of section nineteen hundred\neighty-one of this chapter, the court may not grant a stay for more than\nsix months, nor extend it for more than an additional three months.\n 3. Upon a finding by the court that the commercial or industrial real\nproperty is abandoned, the court shall enter a final judgment in favor\nof the petitioner. The fact that an administrator has been appointed as\nto the subject property shall not prevent the court from entering a\nfinal judgment in favor of the petitioner upon a finding by the court\nthat the commercial or industrial real property is abandoned. The final\njudgment shall direct such officer of the city, town, or village in\nwhich the commercial or industrial real property is located as may be\ndesignated in the judgment to execute and record a deed conveying title\nof the premises 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 pursuant 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 one hundred twenty days after\nthe deed vesting 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\nhas been recorded pursuant to a judgment obtained through this article\nshall not be affected or impaired by a motion or action instituted more\nthan one hundred twenty days after such deed vesting title in a city,\ntown, or village has been recorded.\n * NB Repealed June 30, 2028\n