Section 23. Disposition of amount of award deposited  


Latest version.
  • If the amount awarded
      is  deposited, as provided by section twenty-two of this act, any person
      claiming an interest in the fund may apply to the supreme court  in  and
      for the county of Albany, for an order of distribution. Such application
      shall  be  made by verified petition setting forth the rights of any and
      all persons who may have, or claim to have, any interest in or  lien  or
      incumbrance on, the property so appropriated and the award therefor, and
      the names and addresses of such persons, if known. Thereupon, such court
      shall  make  an order, describing the property so appropriated, directed
      to the attorney-general of the state of New York and to all such persons
      and to any others who may be unknown, who have or  claim  to  have,  any
      right,  title,  interest,  claim  or  demand  in or to said appropriated
      property or said award, requiring them to appear before such  court  and
      to  present their claims or demands on account of such appropriation, at
      a time and place stated in the order, in the city of  Albany,  not  less
      than thirty days after service of such order, and show cause why a final
      order  of distribution should not be made. If any such persons appear by
      such petition to be residents of the state of New York, the order  shall
      be  served in the same manner as a summons may be served in an action in
      the supreme court. If the petition states that any are non-residents  of
      the  state  or that the names or addresses of any are unknown, the order
      shall require the service of the order by  publication  as  provided  by
      section  fourteen  of this act. The court may on the return day hear all
      persons interested and make a final order of distribution or  refer  any
      claim  to  a referee to hear, try and report.  The court may likewise on
      the confirmation of a report of a referee, after eight days'  notice  to
      those   who   appeared  on  the  return  day,  make  a  final  order  of
      distribution. If all the interested parties are competent and  over  the
      age  of  twenty-one  years  they  may  enter  into a written stipulation
      providing for the distribution and the court shall  thereupon  issue  an
      order  which  shall  implement the stipulation. The determination of the
      court and final  order  of  distribution  shall,  unless  set  aside  or
      reversed  on  appeal,  be  final and conclusive upon the owners or other
      persons claiming any interest in or lien or incumbrance on the  property
      so appropriated and the award therefor.