§ 28-216.7.3 Notice of pendency.
AC § 28-216.7.3
A notice of pendency shall be filed in accordance with the following procedure: 1. The notice of pendency shall be filed in accordance with the New York state civil practice law and rules and shall be filed in the office of the clerk of the county where the property affected by such action, suit or proceeding is located. Such notice of pendency may be filed at any time after the service of the notice described in section 28-216.3 of this code.
2.Any notice of pendency filed pursuant to the provisions of this section that has not expired may be vacated and cancelled of record upon an order of a justice of the court in which such suit or proceeding was instituted or is pending, or upon the consent in writing of the corporation counsel. The clerk of the county where the notice is filed is hereby directed and required to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon the presentation and filing of a certified copy of such order or consent. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
