Section 19.17. Clarifying title to property on loan  


Latest version.
  • Notwithstanding any
      other provisions of law regarding abandoned or lost property the  office
      may,  beginning  five  years from the date the lender last contacted the
      office, clarify title to property on permanent loan  or  loaned  for  an
      indeterminate period or a specified term that has expired.  Proof of the
      date  on  which  the  lender  last  contacted  the  office  may  include
      previously sent registered letters or loan  forms,  returned  envelopes,
      inventories and other documentary evidence. The procedure for clarifying
      title shall be as follows:
        1. The office must give notice by mail to the lender that it wishes to
      clarify ownership rights in the property.
        2.  In  addition to the information described in section 19.16 of this
      article, the notice shall be entitled "Notice of Termination"  and  must
      include  a statement containing substantially the following information:
      "The  records  of  the  office  of  parks,   recreation   and   historic
      preservation  indicate  that  you  have  property  on  loan  at (name of
      facility).  The office is seeking to determine whether you wish (i) that
      the office return the property to you, (ii) that the property remain  on
      loan  to  the office subject to annual renewal, or (iii) that the office
      retain the property permanently as its owner. Please  contact  (name  of
      contact)  in  writing within one hundred twenty days, in order to advise
      the office as to which of the above alternatives you wish to follow."
        3. If, no  later  than  one  hundred  twenty  days  following  receipt
      thereof,  the  lender  does  not respond to the notice of termination by
      submitting a written claim  to  the  property  on  loan  with  verifying
      documentation  the  office  shall  send  a  second  notice to the lender
      containing the following information: "On (date of  first  notice),  the
      office  of parks, recreation and historic preservation sent you a notice
      concerning property that, according to our records, has been  loaned  to
      the  office.  You  have not responded to that notice, a copy of which is
      enclosed, and the office will commence proceedings to acquire  title  to
      the  property if you do not contact (name of contact), in writing within
      one hundred twenty days of receiving this second notice."
        4. If the lender fails to respond to the second  notice  described  in
      subdivision  three  of  this  section  within one hundred twenty days of
      receipt, at the request of the commissioner, the  attorney  general  may
      make  an  application to the supreme court pursuant to article thirty of
      the civil practice law and rules for a declaratory judgment to determine
      the office's right to such property.  In a case in  which  there  is  no
      evidence that the notices previously sent by the office were received by
      the lender, upon application, the supreme court shall specify the method
      by which service shall be made upon the lender.