N.Y. RCO Law § 352

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