N.Y. Parks, Recreation and Historic Preservation Law § 19.17: Clarifying title to property on loan

§ 19.17 Clarifying title to property on loan. Notwithstanding any

other provisions of law regarding abandoned or lost property the office

may, beginning five years from the date the lender last contacted the

office, clarify title to property on permanent loan or loaned for an

indeterminate period or a specified term that has expired. Proof of the

date on which the lender last contacted the office may include

previously sent registered letters or loan forms, returned envelopes,

inventories and other documentary evidence. The procedure for clarifying

title shall be as follows:

1. The office must give notice by mail to the lender that it wishes to

clarify ownership rights in the property.

2. In addition to the information described in section 19.16 of this

article, the notice shall be entitled "Notice of Termination" and must

include a statement containing substantially the following information:

"The records of the office of parks, recreation and historic

preservation indicate that you have property on loan at (name of

facility). The office is seeking to determine whether you wish (i) that

the office return the property to you, (ii) that the property remain on

loan to the office subject to annual renewal, or (iii) that the office

retain the property permanently as its owner. Please contact (name of

contact) in writing within one hundred twenty days, in order to advise

the office as to which of the above alternatives you wish to follow."

3. If, no later than one hundred twenty days following receipt

thereof, the lender does not respond to the notice of termination by

submitting a written claim to the property on loan with verifying

documentation the office shall send a second notice to the lender

containing the following information: "On (date of first notice), the

office of parks, recreation and historic preservation sent you a notice

concerning property that, according to our records, has been loaned to

the office. You have not responded to that notice, a copy of which is

enclosed, and the office will commence proceedings to acquire title to

the property if you do not contact (name of contact), in writing within

one hundred twenty days of receiving this second notice."

4. If the lender fails to respond to the second notice described in

subdivision three of this section within one hundred twenty days of

receipt, at the request of the commissioner, the attorney general may

make an application to the supreme court pursuant to article thirty of

the civil practice law and rules for a declaratory judgment to determine

the office's right to such property. In a case in which there is no

evidence that the notices previously sent by the office were received by

the lender, upon application, the supreme court shall specify the method

by which service shall be made upon the lender.