N.Y. Religious Corporations Law § 59-b: Transfer of property of extinct parishes and churches

§ 59-b. Transfer of property of extinct parishes and churches. The

Metropolitan Synod Apostolic Episcopal Church 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.