N.Y. Surrogate's Court Procedure Act § 1907: Order determining disposition of real property 1

§ 1907. Order determining disposition of real property

1. Upon the return of process the court shall inquire into the facts,

the value of the property and the best manner and time of disposition.

2. The court may direct the disposition of all or part of the real

property, describing it.

3. The order may determine whether the property shall be sold at

public or private sale and may fix the manner, terms and conditions

thereof.

4. Where a contract for the disposition of the property accompanies

the petition, the order may direct disposition in accordance with its

terms or any modification thereof.

5. If the court finds that it is not necessary to dispose of the real

property or of any part thereof it may nevertheless determine the rights

and interests of the parties and direct a conveyance to them in

confirmation of their title or transferring the property to them in full

or partial satisfaction of their distributive share.

6. If the order is made in the course of an accounting proceeding, the

court shall adjourn a judicial settlement to await the proceedings taken

under the order.