Section 246-B. Notice of lien of bail bond in criminal actions or proceedings  


Latest version.
  • A notice of lien of bail bond  on  real  estate  shall  be
      filed in the office of the recording officer of the county in which such
      real  estate  given  as  security in a bail bond in a criminal action or
      proceeding is located, or if such property is situated in  two  or  more
      counties  the  notice  of  lien  shall  be  filed  in  the office of the
      recording officer of each of such  counties,  the  provisions  of  which
      notice  of  lien  shall  be  entered in a register kept for that purpose
      showing the name of the people of the state of New York as  lienors  and
      the  names  and  addresses of the principal and the surety together with
      the name of the owner of such real estate and its location according  to
      block,  lot and section on the land map or other similar description and
      containing a brief recital of the terms of such bail bond as provided in
      article ten-b of the lien law, which said notice shall be  substantially
      in the following form:
     
                                   NOTICE OF LIEN.
        To  ............................................,  clerk (or register)
      of the county of ................................, and all  others  whom
      it may concern:
        Please take notice that ..............................................
        1.   The   people   of   the   state   of   New  York  represented  by
      ........................................, attorney general of the  state
      of New York, (or district attorney of the county of ...............) has
      and claims a bail bond lien on the following described real property.
        2.  The  name of the owner of the real property against whose interest
      therein a lien  is  claimed  is  .......................................
      and  the  interest  of the owner so far as known to the lienors is a fee
      simple absolute.
        3. The name and address of the surety who entered into the undertaking
      of  bail   with   the   people   of   the   state   of   New   York   is
      ...........................  residing  at ..............................
      street, in the borough of ................, city of  ...................
      (or  town, village or county); the name and address of the principal for
      whom the surety has entered into such undertaking of bail is residing at
      .................... street, in the borough of ..................., city
      of ...................... (or town, village  or  county).  The  type  of
      undertaking  of  bail and the amount thereof is a consolidated bail bond
      in the sum of ......................
        4.  The  criminal  charge  against  the  principal  for   which   such
      undertaking of bail is given is ............................ The date of
      such  undertaking  and place of execution thereof are ..................
      19...,  at  the   .....................   court   of   the   county   of
      .................... (or city, town or village).
        5.  The  property  subject  to  the lien is situated in the borough of
      ..............................,  county  of  ...........................
      city   of   .........................      It   is   known   as   number
      ................... street or avenue, and is described as follows:
     
                                    Description.
     
        Dated, ..................., 19                   .....................
                                 attorney general of the state of New York
                                 (district attorney of the county of ......)
                                     By
                                     assistant attorney general
                                     (assistant district attorney or
                                     deputy assistant district attorney).
    
      State of New York          )
                                 ) ss.:
      County of                  )
      ................................. , being duly sworn, says that he is an
      assistant  attorney  general  (or assistant district attorney, or deputy
      assistant district attorney, as the case may be) in the  office  of  the
      honorable  ......................,  attorney general of the state of New
      York (or district attorney of the  county  of  .......................),
      the  claimant  for  the people of the state of New York mentioned in the
      foregoing notice of lien. That he has read the said notice and knows the
      contents thereof and that the statements contained therein are  true  of
      his  own  knowledge,  except  as  to  those matters therein stated to be
      alleged upon information and belief and that  as  to  those  matters  he
      believes them to be true.
                                            ..................................
     
      Sworn to before me this
      .. day .... ...., 19...
             Notary public.
      .............(commissioner of deeds of the city of .................).