N.Y. Court of Claims Act § 23: Disposition of amount of award deposited

§ 23. Disposition of amount of award deposited. If the amount awarded

is deposited, as provided by section twenty-two of this act, any person

claiming an interest in the fund may apply to the supreme court in and

for the county of Albany, for an order of distribution. Such application

shall be made by verified petition setting forth the rights of any and

all persons who may have, or claim to have, any interest in or lien or

incumbrance on, the property so appropriated and the award therefor, and

the names and addresses of such persons, if known. Thereupon, such court

shall make an order, describing the property so appropriated, directed

to the attorney-general of the state of New York and to all such persons

and to any others who may be unknown, who have or claim to have, any

right, title, interest, claim or demand in or to said appropriated

property or said award, requiring them to appear before such court and

to present their claims or demands on account of such appropriation, at

a time and place stated in the order, in the city of Albany, not less

than thirty days after service of such order, and show cause why a final

order of distribution should not be made. If any such persons appear by

such petition to be residents of the state of New York, the order shall

be served in the same manner as a summons may be served in an action in

the supreme court. If the petition states that any are non-residents of

the state or that the names or addresses of any are unknown, the order

shall require the service of the order by publication as provided by

section fourteen of this act. The court may on the return day hear all

persons interested and make a final order of distribution or refer any

claim to a referee to hear, try and report. The court may likewise on

the confirmation of a report of a referee, after eight days' notice to

those who appeared on the return day, make a final order of

distribution. If all the interested parties are competent and over the

age of twenty-one years they may enter into a written stipulation

providing for the distribution and the court shall thereupon issue an

order which shall implement the stipulation. The determination of the

court and final order of distribution shall, unless set aside or

reversed on appeal, be final and conclusive upon the owners or other

persons claiming any interest in or lien or incumbrance on the property

so appropriated and the award therefor.