New York Laws
Article 12 - Registering Title to Real Property
371 - Petitions and Proceedings to Be in Supreme Court; Title Part of Special Term.

§ 371. Petitions and proceedings to be in supreme court; title part of
special term.

The petition for registration must be made to the supreme court; or to
a justice thereof, sitting at a special term in any of the counties
within the judicial department where the property is situated, and for
that purpose said court shall be always open; and its orders, judgments
and decrees in cases coming under this article may be made and entered
as well in vacation as in term time. The proceedings upon such petitions
shall have the effect of proceedings in rem against the land, and the
final orders shall have the effect of final judgments in an action and
shall operate directly on the land and vest and establish title thereto.
An issue raised in such a case shall be tried at a special term of said
court, in the county in which the petition is filed, by the court,
except that an issue of fact may be tried by a jury, in the manner
prescribed by the civil practice law and rules. When in any county the
amount of business under this article makes it necessary or proper that
such business should be attended to by one or more justices of said
court assigned for that purpose, the appellate division of the judicial
department in which such county is situated shall designate as many
justices as may be deemed necessary, to constitute the "title part" of
the special term in that court; and said appellate division shall
provide by rules of practice for the conduct, in said title part, of the
business coming under this article in such county. Said appellate
division may assign one or more additional justices to said "title part"
of the special term, or withdraw one or more justices therefrom, as the
business coming under this article may require and the availability of
the supreme court justices make proper. One of the justices so assigned
to the "title part" of the special term in any county shall be
designated by said appellate division to have general supervision and
control of the business coming under this article in that county; and so
far as is reasonably possible, such designation shall remain unchanged,
and such justice shall be retained continuously in such term and part
during his term of office unless in the opinion of the appellate
division a change is required for the better enforcement or working of
this law. One and the same justice may be assigned so as to have such
general supervision and control in two or more counties of the judicial
district for which he is elected. Other duties may be assigned by such
appellate division to such justice, provided that they do not interfere
with his work in supervising and controlling the business coming under
this article. The justice assigned, as herein provided, to have general
supervision and control of the business coming under the article in any
county, shall also have general supervision and control of all the
official examiners within such county and it shall be his duty to
observe and supervise their work as such official examiners, to advise
them when necessary and to make any suggestions or recommendations to
the appellate division with respect to discipline, suspension or removal
of any of them as to him may seem necessary or proper in the interests
of the successful operation of this law.

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