N.Y. Religious Corporations Law § 16: Property of extinct churches

§ 16. Property of extinct churches. Such incorporated governing body

may decide that a church, parish or society in connection with it or

over which it has ecclesiastical jurisdiction, has become extinct, if it

has failed for two consecutive years next prior thereto, to maintain

religious service according to the discipline, customs and usages of

such governing body, or has had less than thirteen resident attending

members paying annual pew rent, or making annual contributions towards

its support, or in case of a United Methodist church, if such action

have the consent of the presiding bishop and of a majority of the

district superintendents of the annual conference and of the district

board of church location and building of the district in which the

action is contemplated, or in case of a parish of the Protestant

Episcopal Church, if such parish has ceased for two consecutive years

next prior thereto, to have a sufficient number of men qualified to

elect or to serve as wardens and vestrymen therein, and may take

possession of the temporalities and property belonging to such church,

parish or religious society, and manage the same; or may, in pursuance

of the provisions of law relating to the disposition of real property by

religious corporations, sell or dispose of the same and apply the

proceeds thereof to any of the purposes to which the property of such

governing religious body is devoted, and it shall not divert such

property to any other object. And for the purpose of obtaining a record

title to the land and the church edifice, or other buildings thereon, by

such incorporated governing body, the surviving trustee or trustees of

said extinct church, or if there be no surviving trustee then a

surviving member of said extinct church, may, without a consideration

being paid therefor by such incorporated governing body, convey to it

said land and church edifice, or other buildings thereon, subject,

however, to an order of the supreme or county court based upon a

petition reciting that said church has become extinct; the names of its

surviving trustee or trustees, and the names of its members, who must

have given their consent to the making of said conveyance. Upon the

recital of said facts in said petition the court shall have jurisdiction

to grant an order allowing said conveyance to be made without a

consideration; and should there be no surviving members, as well as no

surviving trustees of said extinct church, said petition may be made by

an officer of such incorporated governing body, in which event the

court, upon a recital of said fact, shall have jurisdiction to appoint a

suitable person as trustee for the purpose of making said conveyance.

And in case of a Reformed Church of America, Dutch Reformed Church, or

Reformed Dutch Church in the United States of America or the United

Reformed Dutch and Lutheran Church of America or a parish of the

Protestant Episcopal Church, a Universalist Church or Society, an

incorporated United Methodist Church, or an incorporated church of the

United Church of Christ, or an incorporated Congregational Christian

Church, should either of such surviving members or such surviving

trustee of said extinct church refuse to act and sign said petition

after request by an officer of said governing body of said last-named

churches personally made by such officer, then said petition may be made

by an officer of such incorporated governing body and in that event the

court shall have jurisdiction and may appoint a suitable person as

trustee for the purpose of making said conveyance. And in the case of

said last-named Reformed churches, or of a parish of the Protestant

Episcopal Church, a Universalist Church or Society, an incorporated

United Methodist Church, or of an incorporated church of the United

Church of Christ or of an incorporated Congregational Christian Church,

the trustees of any such extinct church, the treasurer thereof or any

person acting in either of said capacities may be required to show cause

before the supreme court at a special term thereof held in the judicial

district in which said church shall be located why they should not be

required to give an account of all moneys and property of said church

which they shall have in their hands or under their control and in case

of their failure to show such causes they be required to account before

said court for all the properties and moneys of the said church which

shall be in their hands or under their control, and after the payment of

all the claims against such church, if any, and the expenses of such

proceeding, if it shall further appear that none of such property in the

hands of said persons is required for the further support or maintenance

of said church, said money and proceeds thereof shall be directed to be

paid and turned over to said governing religious body to apply to the

purposes to which the property of such governing body is devoted. An

application or such order to show cause shall be made by a verified

petition, which petition may be made by said governing body of said

church or any officer thereof. Where a proceeding is instituted under

this section for the sale of the real property of an extinct religious

corporation, a compliance with paragraphs five, six, seven and eight of

section five hundred eleven of the not-for-profit corporation law shall

be unnecessary, and such proceedings shall be in all respects valid

without a compliance with said subdivisions. Any gift, legacy, devise,

annuity, or other benefit to a United Methodist Church that accrues or

becomes available after said church has become extinct shall be and

become the property of the trustees of the annual conference within

whose jurisdiction the said extinct church was located. Any gift,

legacy, devise, annuity or other benefit to a Universalist Church or

Society that accrues or becomes available after said church or society

has become extinct shall be and become the property of the New York

State Convention of Universalists, as the governing religious body of

every active, extinct or disbanded Universalist church or society within

the bounds of the State of New York. The New York Conference of the

United Church of Christ, Inc. shall be deemed the governing religious

body of every extinct or disbanded church of the United Church of Christ

and of any extinct or disbanded Congregational Christian Church which is

a member of the New York Conference of the United Church of Christ, Inc.

within the meaning of this section. The provisions of this section shall

not apply to any Presbyterian church in connection with the General

Assembly of the Presbyterian Church (U.S.A.).