N.Y. Religious Corporations Law § 50-mm: Transfer of property of extinct parishes and churches

§ 50-mm. Transfer of property of extinct parishes and churches. The

Metropolitan Synod Holy Orthodox Church in America may decide that a

parish or 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 such synod, 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

synod 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 synod, 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 synod, 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

synod, 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.