N.Y. Real Property Actions & Proceedings Law § 1613: Order of confirmation; contents and subsequent procedures

§ 1613. Order of confirmation; contents and subsequent procedures. 1.

When the agreement reported to the court pursuant to the provisions of

section 1612 appears to the court to conform in all particulars to the

final order authorizing the transaction, an order shall be made

approving and confirming the agreement and directing the trustee or

referee to execute and to deliver the mortgage, lease or deed of such

real property which is required thereby. No order of confirmation shall

be withheld on the ground that the market value of such real property

has changed between the execution of such agreement and the hearing of

the application for confirmation thereof.

2. The order of confirmation, in the discretion of the court, shall

direct the payment to each participant in the proceeding of the

reasonable disbursements made or incurred by him in the course of the

proceeding, and shall make such reasonable allowances, as to the court

seem proper, to persons who have served in the proceeding as referee,

guardian ad litem, or counsel; and shall direct the mode of payment of

all these allowances.

3. The order of confirmation shall also include such provisions as

justice may require for the application, safeguarding, management and

distribution of the fund to be derived from the ordered transaction.

The statutory provisions applicable to the safeguarding, management or

distribution of the fund produced by a sale in an action for partition

shall apply to the proceeds derived from a sale authorized by this

section, so far as this is practical.