Section 371. Petitions and proceedings to be in supreme court; title part of special term  


Latest version.
  • The petition for registration must be made to the supreme
      court; or to a justice thereof, sitting at a special term in any of  the
      counties  within the judicial department where the property is situated,
      and for that purpose said court shall be always open;  and  its  orders,
      judgments and decrees in cases coming under this article may be made and
      entered  as  well in vacation as in term time. The proceedings upon such
      petitions shall have the effect of proceedings in rem against the  land,
      and  the  final  orders  shall  have the effect of final judgments in an
      action and shall operate directly on the land  and  vest  and  establish
      title  thereto.  An  issue  raised  in  such  a case shall be tried at a
      special term of said court, in the  county  in  which  the  petition  is
      filed,  by  the  court,  except  that an issue of fact may be tried by a
      jury, in the manner prescribed by the civil practice law and rules. When
      in any county the  amount  of  business  under  this  article  makes  it
      necessary  or  proper that such business should be attended to by one or
      more justices of said court assigned for  that  purpose,  the  appellate
      division  of  the  judicial  department in which such county is situated
      shall designate  as  many  justices  as  may  be  deemed  necessary,  to
      constitute  the "title part" of the special term in that court; and said
      appellate division shall provide by rules of practice for  the  conduct,
      in  said  title  part, of the business coming under this article in such
      county. Said appellate  division  may  assign  one  or  more  additional
      justices  to  said  "title part" of the special term, or withdraw one or
      more justices therefrom, as the business coming under this  article  may
      require  and the availability of the supreme court justices make proper.
      One of the justices so assigned to the "title part" of the special  term
      in  any  county  shall  be designated by said appellate division to have
      general supervision and  control  of  the  business  coming  under  this
      article  in  that  county;  and  so  far as is reasonably possible, such
      designation shall remain unchanged, and such justice shall  be  retained
      continuously  in  such term and part during his term of office unless in
      the opinion of the appellate division  a  change  is  required  for  the
      better  enforcement or working of this law. One and the same justice may
      be assigned so as to have such general supervision and control in two or
      more counties of the judicial district for which he  is  elected.  Other
      duties  may  be  assigned  by  such  appellate division to such justice,
      provided that they do not interfere with his  work  in  supervising  and
      controlling   the  business  coming  under  this  article.  The  justice
      assigned, as herein provided, to have general supervision and control of
      the business coming under the article in any  county,  shall  also  have
      general  supervision  and  control  of all the official examiners within
      such county and it shall be his duty to observe and supervise their work
      as such official examiners, to advise them when necessary  and  to  make
      any  suggestions  or  recommendations  to  the  appellate  division with
      respect to discipline, suspension or removal of any of them  as  to  him
      may  seem  necessary  or  proper  in  the  interests  of  the successful
      operation of this law.