The opinion of the court was delivered by: BARTELS
This is a condemnation proceeding originally commenced by the City of New York ["City"] in the New York State Supreme Court, Kings County, and subsequently removed to this court by the United States.
The City moves for an order remanding the proceeding to the State Supreme Court, upon the grounds that (1) the petition for removal was not timely filed; (2) insufficient papers have been submitted to support the petition for removal; (3) the action is substantively non-removable under the applicable statutes. The chronology of events is as follows:
On December 9, 1968, the Secretary of Housing and Urban Development (Secretary) acquired from Mr. and Mrs. Kurt Hoffman title to certain real property, known as "parcel No. 9", located at 520 Essex Street, Brooklyn, N.Y., by deed, taken in lieu of foreclosure. The deed was recorded on December 11, 1968. At that time, a mortgage on the property was held by the Buffalo Savings Bank, an assignee of the Eastern Service Corporation.
On April 1, 1969, the City commenced publication in the City Record, of a notice of condemnation proceedings for ten consecutive days, terminating such publication on April 11, 1969, as required and authorized by the City Charter, Chapter 15, Section 382.
On April 8, 1969, actual notice of the proceedings was given to Mr. and Mrs. Hoffman and to the Eastern Service Corporation.
On April 28, 1969, the order of condemnation was signed and entered. Notice to file claims and proof of title was then published in the City Record for ten consecutive issues beginning May 21, 1969 and ending June 2, 1969.
On July 10, 1969, notice of trial (presumably on the compensation to be paid on each parcel) was mailed to all persons appearing of record on that date. The Secretary had not appeared in the proceedings as of that date and hence received no such notice.
On August 11, 1969, trials were begun respecting all parcels.
On July 29, 1970, the court awarded damages on parcel No. 9.
On September 14, 1970, the United States filed a "Claim" in the above entitled action in State Supreme Court, alleging that that court lacked subject matter jurisdiction over the matter as respects parcel No. 9.
On September 30, 1970, a motion was filed by the United States for an Order relieving it from "any legal affects of the title vesting proceedings" and to ...