N.Y. MIL Law § 312

§ 312. Mortgages. 1. The provisions of this section shall apply only\nto obligation and secured by mortgage, trust deed, or other security in\nthe nature of a mortgage upon real or personal property owned by a\nperson in military service at the commencement of the period of his\nmilitary service and still so owned by him which obligations originated\nprior to such person's period of military service.\n 2. In any proceeding commenced in any court during the period of\nmilitary service to enforce such obligation arising out of nonpayment of\nany sum thereunder due or out of any other breach of the terms thereof\noccurring prior to or during the period of such service the court may,\nafter hearing, in its discretion, on its own motion, and shall, except\nas hereinafter provided in this act, on application to it by such person\nin military service or some person on his behalf, unless in the opinion\nof the court the ability of the defendant to comply with the terms of\nthe obligation is not materially affected by reason of his military\nservice\n (a) stay the proceedings as provided in this act; or\n (b) make such other disposition of the case as may be equitable to\nconserve the interests of all parties.\n 3. No sale, foreclosure, or seizure of property for nonpayment of any\nsum due under any such obligation, or for any other breach of the terms\nthereof, whether under a power of sale, under a judgment entered upon\nwarrant of attorney to confess judgment contained therein, or otherwise,\nshall be valid if made during the period of military service, or within\nsix months thereafter, unless upon an order of sale previously granted\nby the court and a return thereto made and approved by the court.\n 4. Any person who shall knowingly cause to be made any sale,\nforeclosure or seizure of property defined as invalid by subdivision\nthree hereof, or attempts so to do, shall be guilty of a misdemeanor and\nshall be punished by imprisonment not to exceed one year, or by fine not\nto exceed one thousand dollars, or both.\n