Section 256. Exceptions

1. If a finder takes possession of lost property
  while he is upon premises with respect to which his presence is a crime,
  the person in possession of the premises where  the  lost  property  was
  found  shall  have  the  rights of the finder as provided in section two
  hundred fifty-four of this chapter, if, before the property is delivered
  to the finder by the police, he files with the police having custody  of
  the property a written notice asserting his rights.
    2. If the finder is an officer or employee of the state or of a public
  corporation  and  takes  possession of the property in the course of his
  official duty, the state or public corporation shall be deemed to be the
  finder for the the  purposes  of  section  two  hundred  fifty-four  and
  section  two hundred fifty-seven of this chapter. If, in any other case,
  the finder is an employee under a duty to deliver the lost  property  to
  his  employer,  the  employer  shall  have  the  rights of the finder as
  provided in section two hundred fifty-four if, before  the  property  is
  delivered  to  the  finder  by the police, he shall file with the police
  having custody of the property a written notice asserting such rights.
    3. If either lost property deposited with the police or an  instrument
  deposited  with the police was discovered upon the enclosed safe deposit
  premises of a safe deposit company or safe deposit department of a bank,
  the police shall return it to the safe deposit company or  bank  at  the
  expiration  of six months from the date of deposit. Upon receipt thereof
  the safe deposit company or bank shall hold the property  or  instrument
  as  bailee  for  the  person  entitled  thereto.  If such person has not
  claimed it at the expiration of fifteen  years  from  the  date  it  was
  returned  by  the  police  and  the  property or instrument has not been
  delivered to the state comptroller pursuant to an order of  the  supreme
  court  as  provided  in  section  thirteen  hundred ten of the abandoned
  property law, the safe deposit company or bank shall pay that portion of
  such property which consists of money to the  comptroller  as  unclaimed
  property.  The  safe deposit company or bank shall sell such property as
  does not consist of money and shall sell such  instrument  at  a  public
  sale,  and  the proceeds from such sale, less the expenses of such sale,
  including the costs of any advertising,  shall  be  paid  to  the  state
  comptroller  as  unclaimed  property.  Any  such  property or instrument
  determined to be valueless at  such  sale  shall  be  delivered  to  the
  comptroller as unclaimed property.
    4.  A  person  who  finds  or  comes into possession of property or an
  instrument while he is in or on a transportation facility  while  it  is
  being  operated  as  such  shall  be  subject  to the provisions of this
  article if he leaves the transportation facility at any  place  in  this
  state  taking  with  him  at  the  time of such departure property or an
  instrument found by him in or upon the transportation facility or  found
  property  or a found instrument of which he acquired possession while in
  or upon the transportation facility. In such case  the  place  where  he
  leaves   the  transportation  facility  taking  the  found  property  or
  instrument with him shall be deemed for the purposes of this article  to
  be the place where the finding occurred or possession was acquired.
    For  the purposes of subdivision four of section two hundred fifty-two
  of this chapter, a transportation facility shall  be  deemed  "premises"
  and  "person  in  possession  of  the premises" shall include any person
  actually operating a transportation facility and any officer,  agent  or
  employee of the transportation company actually or apparently authorized
  to receive delivery of the property or instrument.
    For   the  purposes  of  subdivision  three  of  section  two  hundred
  fifty-three, a transportation  facility  operated  by  a  transportation
  company  shall  be  deemed "premises" and the transportation company, or
  its officer, agent or employee authorized to act with respect to custody

  of lost and found property, shall be deemed to be the person  in  charge
  of such premises.
    5.  Except  as  otherwise  prescribed  pursuant to section two hundred
  fifty of the general municipal  law,  if  the  person  who  reports  the
  finding  or acquisition of possession of found property or an instrument
  is (a) a transportation company subject to the provisions of an  act  of
  congress  known as the "interstate commerce act," as amended, or engaged
  in air transportation pursuant to certificate or  permit  of  the  civil
  aeronautics  board  issued  pursuant  to an act of congress known as the
  "civil aeronautics act of nineteen hundred  thirty-eight,"  as  amended,
  and  the  property  or instrument was found on a transportation facility
  operated by such transportation company or (b) a safe deposit company or
  bank and the property or instrument was found on enclosed  safe  deposit
  premises  of such safe deposit company or of the safe deposit department
  of such bank, such transportation company, safe deposit company or  bank
  shall not be required to deposit such property or instrument at the time
  the  report  is  made,  but  shall  within  sixty days after it acquired
  possession of the  property  or  instrument  deposit  such  property  or
  instrument  with  the  police to whom the report was made, unless within
  such time the property has been returned to the owner or the  instrument
  has  been  returned  to  a  person entitled thereto. Such transportation
  company, safe deposit company  or  bank  shall  hold  such  property  or
  instrument  subject  to inspection at any time by the police to whom the
  report was made or by the police designated by an agreement pursuant  to
  section two hundred fifty-one of the general municipal law.
    A  transportation  company,  safe  deposit  company  or bank retaining
  possession of property or an instrument  pursuant  to  this  subdivision
  after  report  of  its  acquisition of possession thereof shall (a) give
  notice of its acquisition of possession of the instrument to each person
  whose name and address appears  on  the  instrument  or  whose  name  so
  appears and whose address is known to it, and (b) if such transportation
  company,  safe  deposit  company  or  bank  has reason to believe that a
  person has an interest in the property or instrument and reason to  know
  his  whereabouts,  shall  give notice to him of its possession. But this
  paragraph does not require  that  a  transportation  company  give  such
  notice  or notices with respect to instruments enclosed in an article of
  baggage or in a briefcase, purse or like article at the time it acquired
  possession of such article.
    6. If at any time an  action  or  proceeding  shall  be  commenced  to
  determine  the  right  to found property or to an instrument and written
  notice of such action shall be served upon the police having custody  of
  the  property or instrument, the police shall not thereafter deliver the
  property or instrument to any person except pursuant to court order.
    7. This article does not supersede or limit any other statute or  rule
  of  law  governing  custody or disposition of articles in the custody of
  the police which constitute evidence of the commission of  a  crime,  or
  which  may  not  lawfully  be  possessed,  or  which may not lawfully be
  possessed without license.