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a. The court shall instruct the corporation counsel to prepare tabular abstracts of its estimated damage due to the closing, and of the damage due to the acquisition by the city of fee title to the land within the closed street and of the value of the city's interest in the respective parcels of the closed street. The tabular abstract of estimated damage due to the closing of the street shall set forth:
1. The amount of loss and damage to each and every parcel of real property affected by the proceeding.
2. The name of the respective owners of each and every parcel of real property affected thereby, as far as the same shall be ascertained.
3. A sufficient designation or description of the respective lots or parcels of real property damaged by the closing of the street or by the acquisition of the fee title to the lands in the closed street, by reference to numbers of the respective parcels indicated upon the surveys, diagrams, maps or plans which shall be attached to such tabular abstracts.
b. The court shall appraise and determine and separately set forth and state in the tabular abstract, the value of the right, title and interest of the city in and to the fee of the land within the closed street.
c. Such tabular abstracts shall be signed by the justice trying the proceedings and filed with the clerk of each county in which the closed street and the real property abutting thereon or any part of either may be situated and when so filed shall constitute the tentative decree of the court as to awards for damages and as to the value of the city's interest in the respective parcels of land within the closed street.
a. Upon the filing of the tentative decree, the corporation counsel shall give notice, by advertisement to be published for fifteen days in the City Record, of the filing of such tentative decree, and that the city and all other parties to such proceeding or in any way interested in the real property affected thereby, having any objections thereto, shall file such objections, in writing, duly verified in the manner required by law for the verification of pleadings in an action, and setting forth the real property owned by the objector and his or her post office address, with such clerk within twenty days after the first publication of such notice, and that the corporation counsel, on a date specified in the notice, will apply to the justice who made the tentative decree to fix a time when the justice will hear the parties so objecting. Similar notice for at least ten days shall be given of the filing of any new, supplemental or amended tentative decree and for the filing of objections thereto. Every party so objecting or such party's attorney shall, within the same time, serve on the corporation counsel a copy of such verified objections.
b. Upon such application, the justice shall fix the time when he or she will hear the parties so objecting and desiring to be heard. At the time fixed, the justice shall hear the person or persons who have objected to the tentative decree or to the new, supplemental or amended tentative decree, and who may then and there appear, and shall have the power to adjourn, from time to time, until all parties who have filed objections and who desire to be heard shall have been fully heard.
c. After the filing of the tentative decree or of any new, or supplemental, or amended tentative decree, no award for damages shall be diminished without notice to the owner of the real property affected or the owner's attorney appearing in the proceeding, and an opportunity given for a hearing in regard thereto, before the signing of the final decree.
The court shall have power at any time to correct any pleading or any defect or informality, in any special proceeding authorized by this subchapter, that may be necessary, or to amend any description, or cause other real property to be included therein or real property included therein to be excluded therefrom, or to permit any person having an interest therein to be made a party thereto, or to relieve from any default, mistake, or irregularity or to direct such further notice to be given to any party in interest as it shall deem proper.
a. After considering the objections, if any, and making any correction or alteration in the tentative decree as to any award or as to any matter in the tentative decree which the court shall consider just and proper, the justice trying the proceeding shall give instructions to the corporation counsel as to the preparation of the final decree. Such decree shall consist of the tentative decree, and shall have:
1. The final awards for damages due to the closing as determined by the court set opposite the respective damage parcel numbers in a column headed "final awards for closing damages" in the tabular abstract of awards.
2. The final awards for damages due to the acquisition of the fee title in the land within the closed street set opposite the respective parcels of the closed street in the column headed "final awards for land in closed street" in the tabular abstract of awards.
3. The value of the city's interest in the land within the respective parcels of the closed street in a column headed "value of city's interest in respective parcels of closed street."
b. Such final decree shall contain a statement:
1. Of the facts conferring on the court jurisdiction of the proceeding.
2. Of such other matters as the court shall require to be set forth.
3. That the amounts set opposite the respective damage parcel numbers in the column headed "final awards for closing damages" in the tabular abstract of awards constitute and are the just compensation which the respective owners are entitled to receive from the city for damages caused by the closing of the street.
4. That the amounts set opposite the respective parcels of the closed street in the column headed "final awards for land in closed street" in the tabular abstract of awards, constitute and are the just compensation which the respective owners are entitled to receive from the city for damages caused by the acquisition by the city of the fee title to the land within the closed street.
5. That the amounts set opposite the respective parcels of the closed street in the column headed "value of city's interest in the respective parcels of the closed street" in such tabular abstract constitute the sums of money to be paid to the city for a conveyance of the city's interest therein by the parties entitled to a conveyance thereof.
c. Such final decree shall also set forth:
1. The several parcels damaged by the closing of the street and the several parcels of the closed street and the several parcels outside of the closed street, by reference to the numbers of such parcels on the respective maps, survey, diagrams, or plans attached thereto, duly corrected, when necessary, and it shall not be necessary to describe any parcels by a description by metes and bounds.
2. The names of the respective owners of the several parcels damaged by the closing of such street, as far as the same shall have been ascertained, provided that in all cases where the owners are unknown or not fully known to the court, it shall be sufficient to set forth and state in general terms in the decree the respective sums to be allowed and paid to or by the owners of the respective parcels for loss or damage, without specifying their names or their estates or interests therein, and in such cases the owners may be specified as unknown.
d. The final decree, together with all of the affidavits and proofs upon which the same is based, shall be filed in the office of the clerk of each county in which the closed street and the real property damaged by the closing thereof or any part of either may be situated. The final decree, unless set aside or reversed on appeal, shall be final and conclusive as well upon the city as upon the owners of the real property mentioned therein, and also upon all other persons whomsoever.
a. The city, or any party or person affected by the proceeding and aggrieved by the final decree of the court therein, may appeal to the appellate division of the court. An appeal from the final decree of the court must be taken within thirty days after notice of the filing of such final decree. Such appeal shall be taken and heard in the manner provided by the civil practice law and rules and the rules and practice of the court in relation to appeals in special proceedings. Such appeal shall be heard and determined by the appellate division upon the merits, both as to the questions of law and fact. The determination of the appellate division shall be in the form of an order. The taking of an appeal by any person or persons shall not operate to stay the proceedings under this subchapter, except as to the particular parcel of real property with which the appeal is concerned. The final decree of the court shall be deemed to be final and conclusive upon all parties and persons affected thereby, who have not appealed. Such appeal shall be heard upon the evidence taken before the court, or such part or portion thereof, as the justice at special term, who made the decree appealed from, may certify, or the parties to such appeal may agree upon as sufficient to present the merits of the questions in respect to which such appeal shall be had.
b. The city, or any party or person affected by the proceeding and aggrieved by the order of the appellate division entered on any such appeal, may appeal to the court of appeals from such order. Such appeal shall be taken and heard in the manner provided by the civil practice law and rules and the rules and practice of the court of appeals in relation to appeals from orders in special proceedings. The court of appeals may affirm or reverse the order appealed from and may make such order or direction as shall be appropriate to the case.
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