§ 371 — Petitions and proceedings to be in supreme court; title part of special term

§ 371. Petitions and proceedings to be in supreme court; title part of\nspecial term.\n The petition for registration must be made to the supreme court; or to\na justice thereof, sitting at a special term in any of the counties\nwithin the judicial department where the property is situated, and for\nthat purpose said court shall be always open; and its orders, judgments\nand decrees in cases coming under this article may be made and entered\nas well in vacation as in term time. The proceedings upon such petitions\nshall have the effect of proceedings in rem against the land, and the\nfinal orders shall have the effect of final judgments in an action and\nshall operate directly on the land and vest and establish title thereto.\nAn issue raised in such a case shall be tried at a special term of said\ncourt, in the county in which the petition is filed, by the court,\nexcept that an issue of fact may be tried by a jury, in the manner\nprescribed by the civil practice law and rules. When in any county the\namount of business under this article makes it necessary or proper that\nsuch business should be attended to by one or more justices of said\ncourt assigned for that purpose, the appellate division of the judicial\ndepartment in which such county is situated shall designate as many\njustices as may be deemed necessary, to constitute the "title part" of\nthe special term in that court; and said appellate division shall\nprovide by rules of practice for the conduct, in said title part, of the\nbusiness coming under this article in such county. Said appellate\ndivision may assign one or more additional justices to said "title part"\nof the special term, or withdraw one or more justices therefrom, as the\nbusiness coming under this article may require and the availability of\nthe supreme court justices make proper. One of the justices so assigned\nto the "title part" of the special term in any county shall be\ndesignated by said appellate division to have general supervision and\ncontrol of the business coming under this article in that county; and so\nfar as is reasonably possible, such designation shall remain unchanged,\nand such justice shall be retained continuously in such term and part\nduring his term of office unless in the opinion of the appellate\ndivision a change is required for the better enforcement or working of\nthis law. One and the same justice may be assigned so as to have such\ngeneral supervision and control in two or more counties of the judicial\ndistrict for which he is elected. Other duties may be assigned by such\nappellate division to such justice, provided that they do not interfere\nwith his work in supervising and controlling the business coming under\nthis article. The justice assigned, as herein provided, to have general\nsupervision and control of the business coming under the article in any\ncounty, shall also have general supervision and control of all the\nofficial examiners within such county and it shall be his duty to\nobserve and supervise their work as such official examiners, to advise\nthem when necessary and to make any suggestions or recommendations to\nthe appellate division with respect to discipline, suspension or removal\nof any of them as to him may seem necessary or proper in the interests\nof the successful operation of this law.\n