New York § 352 - 352Property of extinct churches

§ 352. 352Property of extinct churches

§ 352. Property of extinct churches. The diocesan council of the Byelorussian Autocephalic Orthodox Church in America may decide that a church in connection with it or over which it has ecclesiastical jurisdiction, and to which this article is applicable, has become extinct, if it has failed for two consecutive years next prior thereto, to maintain religious services according to the discipline, customs and usages of the Byelorussian Autocephalic Orthodox Church, or has had less than ten resident attending members making annual or regular contributions towards its support, and may take possession of the temporalities and property belonging to such church or parish and manage the same; or may, in pursuance of the provisions of this chapter relating to the disposition of real property sell or dispose of the same and apply the proceeds thereof to any of the purposes to which the property of such diocesan council is devoted, and it shall not divert such property to any other object. For the purpose of obtaining a record title to the land and the church edifice, or other buildings thereon, by such diocesan council, the surviving trustee or trustees of said extinct church or if there be no surviving trustee, then a surviving member of said extinct church, may, without a consideration being paid therefor by such diocesan council, convey to it said land and church edifice, or other buildings thereon, subject, however, to an order of the supreme or county court based upon a petition reciting that said church has become extinct; the name of its surviving trustee or trustees; and the names of its members (who must have given their consent to the making of said conveyance). Upon the recital of said facts in said petition, the court shall have jurisdiction to grant an order allowing said conveyance to be made without a consideration; and should there be no surviving members, as well as no surviving trustee of said extinct church, said petition may be made by an officer of said diocesan council, in which event the court, upon the recital of said fact, shall have jurisdiction to appoint a suitable person as trustee for the purpose of making said conveyance.