Section 1973. Commencement of proceeding  


Latest version.
  • 1. After all provisions of section
      nineteen  hundred  seventy-two  of this article have been complied with,
      the department may  commence  a  proceeding  in  a  court  of  competent
      jurisdiction  in  the  county  in which the dwelling is located, to vest
      title to the property in the city, town or village.
        2. The petition in such proceeding shall be accompanied by a  copy  of
      the  certification and proof by affidavit that the provisions of section
      nineteen hundred seventy-two have been complied with and that  no  party
      served   with  the  notice  pursuant  to  such  section  has  taken  the
      appropriate action prescribed therein in response thereto.
        3. A copy of the petition shall be  served  on  all  persons  to  whom
      notice  was  given  pursuant  to section nineteen hundred seventy-two of
      this title by personal service pursuant to article three  of  the  civil
      practice  law  and  rules.  A  notice  of  pendency  shall  be  filed in
      accordance with the provisions of section sixty-five hundred one of  the
      civil  practice  law  and  rules.  A  copy of the petition shall also be
      posted in a conspicuous place on the premises in  question,  accompanied
      by  a  notice  that  any  person  having  or claiming an interest in the
      property may appear at the hearing thereon to protect his interest.
        4. The petition shall be noticed to be heard  not  less  than  fifteen
      days after service is completed on all parties to the proceeding.
        5. A special proceeding pursuant to this article may also be commenced
      by order to show cause, in which case the manner of service and the time
      at  which  the order is returnable shall be as prescribed therein by the
      court.