New York § 377 - 377Official examiners of title

§ 377. 377Official examiners of title

§ 377. Official examiners of title. The registrar in any county is authorized to appoint one or more official examiners of title who shall be qualified in accordance with the provisions of law and such rules as may be adopted by the court of appeals. The court of appeals shall prescribe such rules as it deems expedient with respect to ascertaining the fitness and qualifications of individuals for appointment as official examiners of title. Such rules may provide that the length of time during which candidates have practiced law and the experience they have had in the examination of titles to real property shall be taken into consideration in determining their qualifications. Every official examiner of title must be an attorney and counselor-at-law of this state. Subject to rules hereafter adopted by the court of appeals, attorneys and counselors-at-law heretofore duly licensed as official examiners of title shall be eligible for appointment as official examiners of title. In case the registrar shall fail to appoint an official examiner of title in any county, the justice of the supreme court to which petition is made to register any land in such county or to which petition is made to withdraw from registration under the provisions of section four hundred and four-a of this chapter, may appoint a competent attorney to act as such official examiner of title upon that petition. Any official examiner of title shall have the power to administer any oath or affidavit, and to hold hearings and investigations necessary to determine questions of fact arising in the course of his examination of any title, may summon and subpoena witnesses and examine them under oath with regard thereto, and may at any time apply to the supreme court for directions, and receive its assistance, in regard to any investigations conducted by him. The appellate division of the supreme court shall have the jurisdiction to control and regulate the conduct and work of official examiners of title and may admonish, discipline, suspend or remove from office or position any official examiner of title, because of any dishonesty, incompetency, neglect of duty or any other improper conduct or omission, either on its own motion, or on the suggestion or recommendation of the justice of the supreme court having general supervision and control of the business coming under this law in the county in which such official examiner of title is appointed; and it shall be the duty of said appellate division to co-operate with such justice in endeavoring to retain the highest possible standard of ability, efficiency and honest service for all official examiners of title acting under and pursuant to this law. No person who is the attorney or counsel or otherwise interested in a proceeding to register title to real property shall act as official examiner of title in such proceeding.