N.Y. State Finance Law § 156: Surplus moneys on sale of lands mortgaged to the state

§ 156. Surplus moneys on sale of lands mortgaged to the state. If

real property mortgaged to the state, or purchased for the benefit of

the state, or for which a certificate has been given to a former

purchaser, is sold by the comptroller or the commissioner of general

services for a greater sum than the amount due to the state, with the

costs and expenses of the foreclosure or resale, the surplus moneys

received after a conveyance has been executed to the purchaser, shall be

paid to the person legally entitled to such real property at the time of

the foreclosure or of the forfeiture of the original contract.

On the sale of such real property by the comptroller or the

commissioner of general services, the comptroller shall give credit to

the mortgagor on his bond or to the original purchaser on his contract,

for the amount at which such property has been sold, after deducting

therefrom all the costs, charges and expenses of the sale. If

interfering claims to such surplus moneys be made, they shall be

referred by the comptroller to the attorney-general, whose decision as

to the rights of the respective claimants shall be final and conclusive

as to any claim against the state. The comptroller shall not pay any

moneys authorized by this section to be refunded, except on satisfactory

proof, by affidavit or otherwise, of the legal right of the person in

whose favor such warrant is applied for.