§ 382 — Notice of petition and of pendency of proceeding

New York § 382

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 12: Registering Title to Real Property

Text

§ 382. Notice of petition and of pendency of proceeding. At the time\nwhen the petition for registration of the title of any property is\nfiled, the petitioner shall also cause to be filed a notice thereof in\nthe offices of the county clerk and of the registrar of each county\nwhere the property is situated, which notice shall be made and filed in\nthe manner prescribed for a notice of pendency of a civil action, and\nshall be indexed against the names of the petitioner and all known\nadverse parties or claimants except the owners of abutting properties,\nand shall constitute notice of the pendency of the petition and of the\nproceeding, and shall be governed in all respects by the same rules as a\nnotice of pendency of a civil action, except, that, if the petition be\ndismissed, or the proceeding discontinued, or in any way terminated\nother than by the registration of the title, no order for the\ncancellation of such notice shall be made by the court until it is duly\nand fully proved to the court that the provisions of section four\nhundred and ten of this chapter have been fully complied with and\nperformed. The notice of pendency of proceeding filed with the\nregistrar, as provided in this section shall also be noted on the\n"tickler certificate book" as a petition and said notice shall be\ntreated as, and take the place of the petition in all cases in which\nthis act requires the registrar to deal with the petition, and shall be\ngiven a petition number, beginning with number one for the first\npetition filed and so on in numerical order, and also a serial number.\nIn any place, however, where there is a block or lot system of indexing\nin use, the said notice shall be indexed according to such system.\n