N.Y. Real Property Law § 371: Petitions and proceedings to be in supreme court; title part of special term

§ 371. Petitions and proceedings to be in supreme court; title part of

special term.

The petition for registration must be made to the supreme court; or to

a justice thereof, sitting at a special term in any of the counties

within the judicial department where the property is situated, and for

that purpose said court shall be always open; and its orders, judgments

and decrees in cases coming under this article may be made and entered

as well in vacation as in term time. The proceedings upon such petitions

shall have the effect of proceedings in rem against the land, and the

final orders shall have the effect of final judgments in an action and

shall operate directly on the land and vest and establish title thereto.

An issue raised in such a case shall be tried at a special term of said

court, in the county in which the petition is filed, by the court,

except that an issue of fact may be tried by a jury, in the manner

prescribed by the civil practice law and rules. When in any county the

amount of business under this article makes it necessary or proper that

such business should be attended to by one or more justices of said

court assigned for that purpose, the appellate division of the judicial

department in which such county is situated shall designate as many

justices as may be deemed necessary, to constitute the "title part" of

the special term in that court; and said appellate division shall

provide by rules of practice for the conduct, in said title part, of the

business coming under this article in such county. Said appellate

division may assign one or more additional justices to said "title part"

of the special term, or withdraw one or more justices therefrom, as the

business coming under this article may require and the availability of

the supreme court justices make proper. One of the justices so assigned

to the "title part" of the special term in any county shall be

designated by said appellate division to have general supervision and

control of the business coming under this article in that county; and so

far as is reasonably possible, such designation shall remain unchanged,

and such justice shall be retained continuously in such term and part

during his term of office unless in the opinion of the appellate

division a change is required for the better enforcement or working of

this law. One and the same justice may be assigned so as to have such

general supervision and control in two or more counties of the judicial

district for which he is elected. Other duties may be assigned by such

appellate division to such justice, provided that they do not interfere

with his work in supervising and controlling the business coming under

this article. The justice assigned, as herein provided, to have general

supervision and control of the business coming under the article in any

county, shall also have general supervision and control of all the

official examiners within such county and it shall be his duty to

observe and supervise their work as such official examiners, to advise

them when necessary and to make any suggestions or recommendations to

the appellate division with respect to discipline, suspension or removal

of any of them as to him may seem necessary or proper in the interests

of the successful operation of this law.