1406 - Claims for abandoned property heretofore or hereafter paid to the state.

§  1406. Claims for abandoned property heretofore or hereafter paid to  the state. 1. (a) Claim may be filed with the state comptroller for  any  abandoned  property  amounting  to over three dollars heretofore paid to  the state or hereafter  paid  or  delivered  to  the  state  comptroller  pursuant  to  this chapter, except abandoned property heretofore paid to  the state pursuant to    (i) section nine of chapter six  hundred  fifty-one  of  the  laws  of  eighteen  hundred  ninety-two, section forty-four of chapter fifty-eight  of the laws of nineteen hundred nine or as such section was  amended  by  chapter   two   hundred  seventeen  of  the  laws  of  nineteen  hundred  thirty-three and chapter two hundred thirty-one of the laws of  nineteen  hundred  thirty-eight,  and  section eighty-four of chapter five hundred  ninety-three of the laws of nineteen hundred forty;    (ii) section two hundred seventy-two of the surrogate's court act;    (iii) chapter eight hundred fifteen of the laws  of  nineteen  hundred  forty-one  as  amended by chapter seven hundred eighty-eight of the laws  of nineteen hundred forty-two;    (iv) chapter one  hundred  seven  of  the  laws  of  nineteen  hundred  forty-two,  if  such  abandoned  property  was  less  than one dollar in  amount;    (v) chapter seven hundred twenty-seven of the laws of nineteen hundred  twenty-six, or as such chapter  was  amended  by  chapter  four  hundred  fifty-six of the laws of nineteen hundred twenty-seven and section sixty  of chapter fifty-four of the laws of nineteen hundred twenty-nine, if so  paid prior to June first, nineteen hundred forty-one;    (vi)  and  abandoned  property hereafter paid to the state comptroller  pursuant to subdivisions (a) or  (b)  of  section  six  hundred  one  or  section twelve hundred twelve of this chapter.    (b)  The  comptroller  shall  possess  full  and complete authority to  determine all such claims and shall forthwith  send  written  notice  of  such  determination  to  the  claimant.  At  any time within four months  thereafter, such claimant may apply for a hearing and a  redetermination  of  his  claim.  After  an  appropriate  hearing  on  notice, before the  comptroller or person duly designated by him, the comptroller shall make  and serve his final determination, which alone shall  be  reviewable  by  application  to  the  supreme  court,  Albany county, within four months  following the notice of such final determination, upon not less than ten  days' notice to the comptroller.    (c) The  comptroller,  or  any  person  duly  designated  by  him,  is  empowered  to  take testimony and proofs, under oath, upon such hearing,  and shall have power to subpoena and require the attendance of witnesses  and the production of books, papers  and  documents  pertinent  to  such  hearings.    (d)  Whenever  it  shall  be  necessary  for  the state comptroller to  determine the validity of a claim for abandoned property heretofore paid  to the state pursuant to section five of the banking  law  or  hereafter  paid  to the state pursuant to section thirteen hundred of this chapter,  he shall forthwith notify the  corporation  which  paid  such  abandoned  property  to  the  state  of  such  claim. Within thirty days after such  notification such corporation shall send a verified  written  report  to  the   state  comptroller,  containing  such  information  as  the  state  comptroller may require from its books or records. The state comptroller  shall determine from such report the validity of such claim.    2. (a) Claim in the amount or value of five thousand dollars  or  more  for  any  abandoned  property  heretofore  paid to the state pursuant to  section forty-four of  chapter  fifty-eight  of  the  laws  of  nineteen  hundred  nine  or  as  such  section  was amended by chapter two hundred  seventeen of the laws of nineteen hundred thirty-three and  chapter  twohundred  thirty-one  of  the  laws  of nineteen hundred thirty-eight, or  hereafter paid to the state comptroller pursuant  to  paragraph  (a)  of  subdivision  one  of  section  six  hundred  of  this  chapter,  may  be  established  only  on order of the court which had original jurisdiction  of the underlying  matter,  after  service  of  notice  upon  the  state  comptroller  and  upon  due  notice  to  all  parties  to  the action or  proceeding which resulted in the monies being paid into court. Any other  provision of law to the contrary notwithstanding, if an order  directing  payment  by  the state comptroller is made by the court, the claimant or  the claimant's attorney shall serve upon the state  comptroller  a  copy  thereof,  duly  certified by the clerk of the court to be a true copy of  the original of such order on file in the clerk's office.    (b) Where the value or amount of the claim is less than five  thousand  dollars,  payment  may  be  made  by  the  state  comptroller  on  sworn  application of the claimant when the identity of  the  claimant  as  the  person  entitled  to  payment  is established to the satisfaction of the  state comptroller. When, in the determination of the state  comptroller,  there  is  insufficient  information  to enable the state comptroller to  make a determination of entitlement, any claim, including  a  claim  the  amount  of which is less than five thousand dollars, must be established  on order of the court as set forth in paragraph (a) of this subdivision.  The  decision  of  the  state  comptroller  that  the   information   is  insufficient shall not be deemed a denial of the claim.    3.  Claim  for  any  abandoned  property  heretofore paid to the state  pursuant  to  section  two  thousand  two  hundred  twenty-two  of   the  surrogate's   court  procedure  act  or  hereafter  paid  to  the  state  comptroller pursuant to paragraph (b) of subdivision one of section  six  hundred  of  this  chapter  may  be  established only in accordance with  section two thousand two hundred twenty-two  of  the  surrogate's  court  procedure   act.   Any   other   provision   of   law  to  the  contrary  notwithstanding, if an order directing payment by the state  comptroller  is  made  by  the  court,  the claimant or the claimant's attorney shall  serve upon the state comptroller a copy thereof, duly certified  by  the  clerk  of  the  court to be a true copy of the original of such order on  file in the clerk's office.    4. (a) Claim for any abandoned property heretofore paid to  the  state  pursuant  to  chapter  eight  hundred  fifteen  of  the laws of nineteen  hundred forty-one as amended by chapter seven  hundred  eighty-eight  of  the  laws  of nineteen hundred forty-two, or hereafter paid to the state  comptroller pursuant to section twelve hundred twelve of  this  chapter,  may be established only in accordance with this subdivision.    (b)  Such  claim  may  be established only by a person, copartnership,  unincorporated association or corporation who shall have had  no  actual  knowledge  of the escheat proceeding and who shall commence a proceeding  in the supreme court within five years after  the  entry  of  the  final  order  of escheat, except that this limitation of time shall be extended  pursuant to the provisions of limitations of time for commencing actions  of the civil practice law and rules.    (c) Such proceeding shall be commenced  by  a  verified  petition  and  notice  of motion, which shall be served upon the comptroller, who shall  have twenty days within which to answer. The petition  shall  set  forth  the  true  name, residence and business address, if any, of the claimant  and shall also set forth in full detail the basis of the claim  and  the  claimant's chain of title thereto.    (d)  In  such  proceeding the presumptions set forth in section twelve  hundred one of this chapter shall apply.    (e) If the court, after hearing the testimony, shall  find  that  such  claimant,  or  his  predecessor in interest, would have been entitled toany part of the escheated fund in the escheat proceeding, it shall enter  a final order directing the comptroller to pay to him from the abandoned  property fund an amount equal to that part of  such  escheated  fund  to  which  he  would  have been so entitled, provided such amount shall have  been collected and received by the  comptroller,  without  interest  and  costs.    5.   (a)   Payment  made  by  the  comptroller  upon  presentation  of  satisfactory proof of entitlement, on a claim  made  by  either  of  two  depositors  for  the  proceeds  of  a  joint  deposit  or  share account  originally established pursuant to section six hundred  seventy-five  of  the  banking  law, shall be a valid and sufficient release and discharge  to the comptroller for such payment made on account of such  deposit  or  share  prior  to  the  receipt  by  the comptroller of notice in writing  signed by any one of such depositors, not to pay such deposit or  shares  and any additions or accruals thereon. After receipt of such notice, the  comptroller  may  require  the  receipt  or  acquittance  of  both  such  depositors or shareholders for any payment.    (b) Payment by the comptroller on  a  claim  for  the  proceeds  of  a  deposit account, including any additions or accruals thereon, originally  established  pursuant to section 7-5.2 of the estates, powers and trusts  law or former subdivision two of section one hundred thirty-four of  the  banking law, may be made to the beneficiary of such deposit account upon  presentation  of  satisfactory  proof  of  entitlement.  The  receipt or  acquittance of such beneficiary shall be a valid and sufficient  release  and  discharge  to  the comptroller for the deposit account, or any part  thereof, for such payment prior to the receipt  by  the  comptroller  of  notice   in   writing  that  there  exists  a  testamentary  disposition  sufficient to dispose of such deposit account pursuant to  said  section  7-5.2 of the estates, powers and trusts law.    6.  (a)  Notwithstanding  any  other  provision  of law, claim for any  abandoned condemnation award heretofore or hereafter paid to  the  state  comptroller  pursuant  to  sections ten hundred and ten hundred three of  this chapter for the benefit of unknown persons, or for the  benefit  of  known owners if claim is made by the holder of an equitable lien, may be  established  only  on  order  of  the  court  which made the award after  service of notice upon the state comptroller. Any other provision of law  to the contrary notwithstanding, if an order directing  payment  by  the  state  comptroller  is made by the court, the claimant or the claimant's  attorney shall serve upon the state comptroller  a  copy  thereof,  duly  certified by the clerk of the court to be a true copy of the original of  such order on file in the clerk's office.    (b)  Notwithstanding  any  other  provision  of  law,  payment for any  abandoned condemnation award heretofore or hereafter paid to  the  state  comptroller  pursuant  to  sections ten hundred and ten hundred three of  this chapter for the benefit of known persons may be made by  the  state  comptroller  on sworn application, where the name and last known address  of the person or persons entitled to payment and any  other  identifying  information  as appearing on the records of the court into which payment  was made is included in the report required  to  be  filed  pursuant  to  section  ten  hundred  one  of this chapter and when the identity of the  claimant as the  person  entitled  to  payment  is  established  to  the  satisfaction of the state comptroller. When, in the determination of the  state comptroller, the identifying information included in the report is  insufficient  to enable the state comptroller to make a determination of  entitlement, such claim must be established only on order of  the  court  as set forth in paragraph (a) of this subdivision.