N.Y. Court of Claims Act § 22: Determination of ownership of awards for property appropriated

§ 22. Determination of ownership of awards for property appropriated.

1. In the event there may be adverse and conflicting claims asserted to

an award for property appropriated by the state or any part thereof, or

if there be any apparent lien or encumbrance on the property so

appropriated, or on any interest therein, or any dower or other interest

which has been asserted by any party as affecting the rights to an

award, or which has caused the attorney general or other official of the

state to refuse to make payment of any portion of the award, the court

may, upon motion of a party in an action to determine the amount of said

award, order the interpleader or joinder of anyone claiming or imputed

to have such a claim or interest.

The court shall determine the respective interests and rights of the

parties to the award and the method of apportionment thereof, and direct

to whom the same shall be paid.

2. In the event the court is unable for any reason to determine the

various interests in the award for the property appropriated, and in any

other case as justice requires, it may, in and by its award and judgment

direct the comptroller to deposit the amount awarded as compensation for

the property appropriated in any bank in which moneys belonging to the

fund from which such compensation is payable may be deposited, to the

account of such award. In any case where the court has directed a

deposit in accordance with this subdivision, the comptroller may, at his

option, deposit such money in a sub-account of the eminent domain

account established by section ninety-seven-dd of the state finance law.

Any deposits made pursuant to this subdivision shall be paid and

distributed to the persons entitled to the same as ordered by the

supreme court on application of any person interested in such award.