N.Y. Real Property Law Section 382
Notice of petition and of pendency of proceeding

At the time when the petition for registration of the title of any property is filed, the petitioner shall also cause to be filed a notice thereof in the offices of the county clerk and of the registrar of each county where the property is situated, which notice shall be made and filed in the manner prescribed for a notice of pendency of a civil action, and shall be indexed against the names of the petitioner and all known adverse parties or claimants except the owners of abutting properties, and shall constitute notice of the pendency of the petition and of the proceeding, and shall be governed in all respects by the same rules as a notice of pendency of a civil action, except, that, if the petition be dismissed, or the proceeding discontinued, or in any way terminated other than by the registration of the title, no order for the cancellation of such notice shall be made by the court until it is duly and fully proved to the court that the provisions of § 410 (Notice of filed papers)section four hundred and ten of this chapter have been fully complied with and performed. The notice of pendency of proceeding filed with the registrar, as provided in this section shall also be noted on the “tickler certificate book” as a petition and said notice shall be treated as, and take the place of the petition in all cases in which this act requires the registrar to deal with the petition, and shall be given a petition number, beginning with number one for the first petition filed and so on in numerical order, and also a serial number. In any place, however, where there is a block or lot system of indexing in use, the said notice shall be indexed according to such system.

Source: Section 382 — Notice of petition and of pendency of proceeding, https://www.­nysenate.­gov/legislation/laws/RPP/382 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

370
Petition to register title to real property 371
Petitions and proceedings to be in supreme court 372
County clerks and registers to be registrars of title 373
Registrar’s bond 374
Deputy registrars’ powers and duties 375
Compensation of registrars and deputy registrars, official examiners of title, and registration clerks 376
Disposition of fees received by registrar 377
Official examiners of title 378
What owners may apply 379
Contents of petition for registration 380
Official examiner’s report of title 381
Survey, map or plan to be filed 382
Notice of petition and of pendency of proceeding 385
Proceedings upon the petition 386
Form of notice to parties 388
Guardian ad litem 389
Any person interested may appear and defend 390
Title in lands vested 391
Final orders conclusive 392
Fraud 393
Registration of title 394
Certificate of title 395
Title book 396
Duplicate certificate of title 398
Certificate to include dealings pending registration 399
Certificate of title as evidence 400
Rights of owners of registered property 401
Registered property not affected by prescription or adverse possession 402
Fraud 403
Memorial to be carried forward 404
Registered property to remain registered 404‑A
Withdrawal from registration in certain instances 405
Registered property subject to same rights and burdens as unregistered property 406
Transfers of registered property 407
Certificate as to part of property remaining after transfer 409
Filing, entering and indexing papers pursuant to this act 409‑A
Entries in other indexes 410
Notice of filed papers 411
Addresses of interested parties 412
When a transfer is deemed to be registered 413
New certificates of title 414
Loss of duplicate certificate 415
Mortgages, leases and other liens and charges 416
Proceedings to register mortgage, lease or other lien or charge 417
Judgments, decrees, attachments and other liens to be noted on certificate 418
Assignment of mortgage, lease, or other lien or charge 419
Release, discharge or surrender of charge or incumbrance 420
Enforcement of mortgages, charges, liens and incumbrances 421
Powers of attorney to be filed and registered 422
Reference of doubtful matters to the court 423
Death of owner of registered property 423‑A
Form for transfer of property upon death of owner of registered property 426
Assurance fund 427
Compensation from assurance fund 428
Action against assurance fund 429
Restrictions on claims against assurance fund 430
Penalties for fraudulent acts or false certificates 431
Forgery and fraudulent stamping 432
Fees to be charged 433
Construction of article 434
Form for official examiner’s report of title 435
Form for certificate of title 436
Termination of title registration procedures
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 382’s source at nysenate​.gov

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