N.Y. Religious Corporations Law § 225-m: Property of extinct churches

§ 225-m. Property of extinct churches. 1. Any incorporated annual

conference or other governing body of the free Methodist church may

decide that a church 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 services

according to the discipline, customs and usages of such governing body,

or has had less than ten resident attending members making annual or

regular contributions towards its support, and may take possession of

the temporalities and property belonging to such church, or religious

society, and manage the same; or may, in pursuance of the provisions of

this act relating to the disposition of real property by free Methodist

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. 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 name 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 trustee of said extinct church, said

petition may be made by an officer of said incorporated governing body,

in which event the court, upon the recital of said fact, shall have

jurisdiction to appoint a suitable person as trustee for the purpose of

making said conveyance.