N.Y. Real Property Actions & Proceedings Law § 1361: Application for surplus; reference

§ 1361. Application for surplus; reference. 1. Any person claiming the

surplus moneys arising upon the sale of mortgaged premises, or any part

thereof, either in his own name, or by his attorney, at any time before

the confirmation of the report of sale, may file with the clerk in whose

office the report of sale is filed, a written notice of such claim,

stating the nature and extent of his claim and the address of himself or

his attorney.

2. On the motion for confirmation, or at any time within three months

thereafter, on notice to all parties who have appeared in the action or

filed claims, on motion of any party to the action, or any person who

has filed a notice of claim on the surplus moneys, the court, by

reference or otherwise, shall ascertain and report the amount due to him

or any other person who has a lien on such surplus moneys, and the

priority of the several liens thereon and order distribution of surplus

moneys.

3. The owner of the equity of redemption, or any party who has

appeared in the action or any person who files a notice of claim or who

has a recorded lien against the property shall be given notice by mail

or in such other manner as the court shall direct, to attend any hearing

on disposition of surplus money.