N.Y. Abandoned Property Law § 207: Proceedings on receipt of petition

§ 207. Proceedings on receipt of petition. Prior to the presentation

of such petition, the petitioner shall cause to be personally served

upon each person who would have succeeded to any interest in said land

but for the alienage of such person or another or for any other rule of

legal incapacity hereinbefore mentioned affecting an attempted transfer

of such interest of such person, and each person in possession or

occupation or who has filed a protest under section two hundred ten,

whose names and places of residence are known and cause to be published

in a newspaper published in each county in which any part of said land

is situated, once in each week for three successive weeks as to those

whose names and places of residence are unknown, a notice, in form

adopted or approved by the commissioner, directed to such persons. Such

notice shall state the date on which such petition shall be filed with

the office of general services, the nature of the application, a

description of the property affected and the name of the person or

persons whose interest or interests shall have escheated to the people

of the state of New York. Such notice shall also provide that any person

or persons having a claim or right to said property equal to or superior

to the right of the petitioner may file a remonstrance with the said

commissioner on or before the date of said filing against the granting

of such petition and for the granting of a release to such person or

persons. Proof of service and of publication as aforementioned shall be

filed with the petition. The commissioner may take proof of the facts

alleged in said petition, by written or oral evidence, whether or not a

sale or release of said property was theretofore made, the value of the

property to be released, and such other facts as in his judgment are

necessary to determine the matter. If a remonstrance shall have been

presented, the commissioner may take proof of the issues raised thereby

and the relief therein asked. The commissioner may, as a condition of

hearing the matter, require the petitioner or any remonstrant to produce

witnesses or advance the expense of producing them.