NYC Administrative Code

§ 28-216.9 — Return of precept and reimbursement of city.

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What is NYC AC § 28-216.9?

Quick Answer

This section outlines the process for the return of a precept issued to the commissioner in a legal proceeding, including the endorsement of actions and incurred costs. It specifies the court's role in adjusting and allowing disbursements related to the precept. Applies to city officials involved in legal proceedings concerning property.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-216.9 Return of precept and reimbursement of city.

AC § 28-216.9

Upon compliance with any precept issued to the commissioner in a proceeding under this article, the commissioner may make return thereof, with an endorsement of the action thereunder and the costs and expenses thereby incurred, to the justice of the court from which such precept issued. Such just ice shall then tax and adjust the amount endorsed upon such precept, and shall adjust and allow the disbursements of the proceeding, including but not limited to the preliminary expenses of searches, service of the notice of survey and summons on interested parties, surveys thereof, and costs of executing the precept, which shall be inserted in the judgment in such proceeding. Such justice shall then render judgment for such amount and for the sale of the premises named in such notice, together with all the right, title and interest that the person named in such notice had in the lot, ground or land upon which such structure was placed, at the time of the filing of a notice of pendency in such proceedings, or at the time of the entry of judgment therein, t o satisfy such judgment in foreclosure of mortgages. Nothing in this article shall preclude the city from recovering such costs and expenses in any other lawful manner, including pursuant to sections 28-112.9, 28-216.10 and 28-216.11. (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.

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