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Home » US Law » 2022 New York Laws » Consolidated Laws » ABP - Abandoned Property » Article 12 - Escheat of Property Paid or Deposited in Federal Courts

1200 – Unclaimed Property Paid or Deposited in Federal Courts.

§ 1200. Unclaimed property paid or deposited in federal courts. All money or other property which shall have been, or shall hereafter be, paid into or deposited in the custody of, or be under the control of, any court of the United States in and for any district within the state, or shall have been […]

1201 – Presumption of Abandonment.

§ 1201. Presumption of abandonment. In any proceeding authorized by this article if it shall appear from the records of the court of the United States that the rightful owner or owners of money or property which has been or shall hereafter be deposited in the custody or be under the control of, such court, […]

1202 – Special Proceeding for Escheat.

§ 1202. Special proceeding for escheat. Whenever it shall appear, after investigation by the comptroller or otherwise, that there exists or may exist escheated property under this article, the attorney-general may institute a special proceeding in the name of the people of the state of New York for an adjudication that an escheat to the […]

1203 – Jurisdiction.

§ 1203. Jurisdiction. The supreme court shall have jurisdiction to hear and determine such a special proceeding. Such proceeding shall be commenced in the supreme court for the county in which is located the court of the United States into which such escheated property has been paid or which has control or custody of said […]

1204 – Respondents.

§ 1204. Respondents. There shall be named as respondents: (a) All last known owners or claimants as disclosed by the records of such court, provided however that if (1) the particular fund does not exceed five hundred dollars, or (2) such last known owners or claimants, with respect to a particular fund, exceed ten in […]

1205 – Contents of Petition.

§ 1205. Contents of petition. The petition shall briefly describe the fund or property with respect to which the proceeding is brought, and the nature of the action or proceeding which gave rise to the fund or property. It may include one or more items, as the attorney-general may be advised, without prejudice to his […]

1206 – Service of Notice and Petition.

§ 1206. Service of notice and petition. 1. The notice and petition shall be served upon the clerk of the court into which or into whose registry the fund or property has been paid or deposited or which has control or custody thereof, or which has jurisdiction to make orders for the payment of such […]

1207 – Contents and Time of Answer.

§ 1207. Contents and time of answer. For the purpose of reckoning the time within which a respondent must appear or answer, service by publication under this article is complete on the twenty-eighth day after the date of first publication. Any respondent, or any person making claim to any of the property or funds described […]

1208 – Amendment of Proceedings.

§ 1208. Amendment of proceedings. On application of the attorney-general the court shall: (a) order the proceeding with respect to items, or portions thereof, as to which claimants appear, to be severed into one or more separate proceedings, and allow all such proceedings to proceed separately; (b) amend the proceeding or proceedings, as the case […]

1210 – Judgment.

§ 1210. Judgment. If the court, after taking the testimony, shall determine either (a) that the rightful owner or owners of such funds or property are unknown or (b) that they have died without having disposed thereof, and without having left a will disposing thereof, and without having left heirs, next-of-kin or distributees, or (c) […]

1211 – Collection by Attorney-General.

§ 1211. Collection by attorney-general. The attorney-general shall take appropriate action, by obtaining an order of the court of the United States, or otherwise, to collect and receive such funds or property.

1212 – Payment to the State Comptroller; Report.

§ 1212. Payment to the state comptroller; report. 1. Upon the collection or receipt of any such funds or property the attorney-general shall forthwith pay or deliver the same to the state comptroller. 2. Each such payment or delivery shall be accompanied by a written report setting forth the names and last known addresses, if […]