N.Y. Lien Law § 92: Order of sale, when made

§ 92. Order of sale, when made. 1. An order may be made by the justice

before whom the order to show cause was returnable, for the sale of the

vessel, her tackle, apparel and furniture, in the following cases:

a. In case the master, owner, consignee or other person interested in

the vessel does not appear upon the return day and contest the claim of

the lienor, and proof is made of the service of the order to show cause

and the application and of the publication of the notice and the service

thereof, as required in this article and due proof is made of the

validity and amount of such claim;

b. In case a trial is had of the issues raised, and it is determined

that the lien is valid and the amount claimed by the lienor or some part

thereof is due.

2. Such order shall direct the sheriff who seized the vessel to sell

the same and her tackle, apparel and furniture, to satisfy the liens

established on the hearing, and pay the costs and expenses necessarily

incurred in the proceedings as prescribed in this article. The rights of

secured parties whose security interests have been perfected by filing

according to law, prior to the filing of the notice of lien, on account

of which the order of sale is granted, shall not be affected by the sale

of such vessel pursuant to such order.