N.Y. Religious Corporations Law § 352: Property of extinct churches

§ 352. Property of extinct churches. The diocesan council of the

Byelorussian Autocephalic Orthodox Church in America may decide that a

church in connection with it or over which it has ecclesiastical

jurisdiction, and to which this article is applicable, 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 the Byelorussian Autocephalic Orthodox Church, 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 parish and manage

the same; or may, in pursuance of the provisions of this chapter

relating to the disposition of real property sell or dispose of the same

and apply the proceeds thereof to any of the purposes to which the

property of such diocesan council 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 diocesan council, 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 diocesan council, 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 diocesan council, 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.