N.Y. Personal Property Law § 256: Exceptions

§ 256. Exceptions. 1. If a finder takes possession of lost property

while he is upon premises with respect to which his presence is a crime,

the person in possession of the premises where the lost property was

found shall have the rights of the finder as provided in section two

hundred fifty-four of this chapter, if, before the property is delivered

to the finder by the police, he files with the police having custody of

the property a written notice asserting his rights.

2. If the finder is an officer or employee of the state or of a public

corporation and takes possession of the property in the course of his

official duty, the state or public corporation shall be deemed to be the

finder for the the purposes of section two hundred fifty-four and

section two hundred fifty-seven of this chapter. If, in any other case,

the finder is an employee under a duty to deliver the lost property to

his employer, the employer shall have the rights of the finder as

provided in section two hundred fifty-four if, before the property is

delivered to the finder by the police, he shall file with the police

having custody of the property a written notice asserting such rights.

3. If either lost property deposited with the police or an instrument

deposited with the police was discovered upon the enclosed safe deposit

premises of a safe deposit company or safe deposit department of a bank,

the police shall return it to the safe deposit company or bank at the

expiration of six months from the date of deposit. Upon receipt thereof

the safe deposit company or bank shall hold the property or instrument

as bailee for the person entitled thereto. If such person has not

claimed it at the expiration of fifteen years from the date it was

returned by the police and the property or instrument has not been

delivered to the state comptroller pursuant to an order of the supreme

court as provided in section thirteen hundred ten of the abandoned

property law, the safe deposit company or bank shall pay that portion of

such property which consists of money to the comptroller as unclaimed

property. The safe deposit company or bank shall sell such property as

does not consist of money and shall sell such instrument at a public

sale, and the proceeds from such sale, less the expenses of such sale,

including the costs of any advertising, shall be paid to the state

comptroller as unclaimed property. Any such property or instrument

determined to be valueless at such sale shall be delivered to the

comptroller as unclaimed property.

4. A person who finds or comes into possession of property or an

instrument while he is in or on a transportation facility while it is

being operated as such shall be subject to the provisions of this

article if he leaves the transportation facility at any place in this

state taking with him at the time of such departure property or an

instrument found by him in or upon the transportation facility or found

property or a found instrument of which he acquired possession while in

or upon the transportation facility. In such case the place where he

leaves the transportation facility taking the found property or

instrument with him shall be deemed for the purposes of this article to

be the place where the finding occurred or possession was acquired.

For the purposes of subdivision four of section two hundred fifty-two

of this chapter, a transportation facility shall be deemed "premises"

and "person in possession of the premises" shall include any person

actually operating a transportation facility and any officer, agent or

employee of the transportation company actually or apparently authorized

to receive delivery of the property or instrument.

For the purposes of subdivision three of section two hundred

fifty-three, a transportation facility operated by a transportation

company shall be deemed "premises" and the transportation company, or

its officer, agent or employee authorized to act with respect to custody

of lost and found property, shall be deemed to be the person in charge

of such premises.

5. Except as otherwise prescribed pursuant to section two hundred

fifty of the general municipal law, if the person who reports the

finding or acquisition of possession of found property or an instrument

is (a) a transportation company subject to the provisions of an act of

congress known as the "interstate commerce act," as amended, or engaged

in air transportation pursuant to certificate or permit of the civil

aeronautics board issued pursuant to an act of congress known as the

"civil aeronautics act of nineteen hundred thirty-eight," as amended,

and the property or instrument was found on a transportation facility

operated by such transportation company or (b) a safe deposit company or

bank and the property or instrument was found on enclosed safe deposit

premises of such safe deposit company or of the safe deposit department

of such bank, such transportation company, safe deposit company or bank

shall not be required to deposit such property or instrument at the time

the report is made, but shall within sixty days after it acquired

possession of the property or instrument deposit such property or

instrument with the police to whom the report was made, unless within

such time the property has been returned to the owner or the instrument

has been returned to a person entitled thereto. Such transportation

company, safe deposit company or bank shall hold such property or

instrument subject to inspection at any time by the police to whom the

report was made or by the police designated by an agreement pursuant to

section two hundred fifty-one of the general municipal law.

A transportation company, safe deposit company or bank retaining

possession of property or an instrument pursuant to this subdivision

after report of its acquisition of possession thereof shall (a) give

notice of its acquisition of possession of the instrument to each person

whose name and address appears on the instrument or whose name so

appears and whose address is known to it, and (b) if such transportation

company, safe deposit company or bank has reason to believe that a

person has an interest in the property or instrument and reason to know

his whereabouts, shall give notice to him of its possession. But this

paragraph does not require that a transportation company give such

notice or notices with respect to instruments enclosed in an article of

baggage or in a briefcase, purse or like article at the time it acquired

possession of such article.

6. If at any time an action or proceeding shall be commenced to

determine the right to found property or to an instrument and written

notice of such action shall be served upon the police having custody of

the property or instrument, the police shall not thereafter deliver the

property or instrument to any person except pursuant to court order.

7. This article does not supersede or limit any other statute or rule

of law governing custody or disposition of articles in the custody of

the police which constitute evidence of the commission of a crime, or

which may not lawfully be possessed, or which may not lawfully be

possessed without license.