N.Y. Real Property Actions & Proceedings Law § 1982: Notice

* § 1982. Notice. 1. If the department proposes to institute

proceedings pursuant to this article, it may file a copy of the

certification and a notice of intention to commence such proceedings in

the office of the clerk of the county in which the commercial or

industrial real property is located. Such notice shall contain the names

of all persons required to be served pursuant to this section and shall

otherwise meet the requirements of subdivision (b) of rule sixty-five

hundred eleven of the civil practice law and rules. The notice shall be

indexed by the clerk in the manner prescribed by subdivision (c) of rule

sixty-five hundred eleven of the civil practice law and rules for a

notice of pendency of action and shall have the same effect as such

notice. It shall expire one year after filing, if no proceeding pursuant

to this article has been commenced. Except as otherwise provided herein,

all of the provisions of article sixty-five of the civil practice law

and rules shall be applicable to the notice filed pursuant to this

article.

2. The department shall serve upon the owner of the commercial or

industrial real property, a copy of the certification. Service shall be

made personally or by posting in a conspicuous place upon the commercial

or industrial real property and mailing a copy by certified mail to the

last known owner at such owner's last known address. The copy of the

certification shall be accompanied by a notice stating that proceedings

pursuant to this article may be instituted unless the owner notifies the

department that the property has not been abandoned. Such notification

shall be made by a showing that the conditions upon which the findings

in such certification are based do not exist or have been corrected.

Such showing shall be made not later than thirty days after the date of

such notice.

3. Within five days of the service of notice on the owner, a copy of

the certification shall be served on each mortgagee, lienor and lessee

of record, personally or by certified mail or overnight courier to the

address set forth in the recorded instrument or, if no address appears

therein, to the person at whose request the instrument was recorded.

Such copy shall, in the case of a mortgagee or lienor, be accompanied by

a notice that proceedings pursuant to this article may be instituted

unless the mortgagee or lienor, within forty-five days of receipt of

such mailing, either commences proceedings to foreclose the mortgage or

lien or enters into an agreement with the department to bring the

building into compliance with the applicable provisions of law.

4. If the name or address of

(a) the last owner of record, or

(b) any owner, mortgagee, lienor, or claimant as shown on records

maintained by any city official required by any local law to maintain

records of persons entitled to notice or process in connection with the

maintenance of in rem foreclosure actions, or

(c) the person listed as the owner of the property on the latest

completed assessment roll, is different from that referred to in

subdivisions two and three of this section, a copy of the notice to the

owner, or to a mortgagee or lienor, whichever is applicable, shall also

be sent to such person at such address by certified mail or overnight

courier.

* NB Repealed June 30, 2028