Section 128. Disposition of unclaimed personal property


Latest version.
  • 1. Any personal
      property, and any interest or increments accruing thereon, belonging  or
      credited  to  a  person in any institution under the jurisdiction of the
      department of social services, the department of health, the  department
      of  mental  hygiene,  the  executive  department,  or  the department of
      correctional  services  who  shall  have  been  discharged   from   such
      institution or who shall have died or escaped before discharge or before
      termination  of  sentence, which is in the custody of the proper officer
      of such institution, shall, if unclaimed by such discharged  or  escaped
      person  or  by  the  legal  representative of such deceased person for a
      period of six months after the discharge,  decease  or  escape  of  such
      person, be fully inventoried and a copy of such inventory shall be filed
      with  the  commissioner of such department having jurisdiction over such
      institution and with the state comptroller.
        2. Any such  personal  property  consisting  of  money  or  intangible
      property  shall  be paid or delivered forthwith, by such officer, to the
      state comptroller pursuant to the provisions of section thirteen hundred
      four of the abandoned property law.
        3. Such commissioner shall  cause  any  such  property  consisting  of
      tangible  personal  property,  other than money, except such property as
      such commissioner may determine to be valueless or of such little  value
      that the probable proceeds of a sale thereof would be less than the cost
      of   such  sale,  which  property  may  be  ordered  destroyed  by  such
      commissioner, to be sold at public or private sale as determined by such
      commissioner, 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 pursuant to the provisions of section thirteen hundred  four
      of the abandoned property law.