§ 619. Prosecution and defense of actions; actions preferred;\nlimitations; power to execute instruments; exemption from filing and\nother fees. 1. (a) For the purpose of executing any of the powers and\nperforming any of the duties hereby conferred upon him, the\nsuperintendent may, in the name of any banking organization of which he\nis in possession, prosecute and defend any and all actions. Any such\naction, upon application of the superintendent, shall be entitled to the\nsame preference to which an action by or against a receiver appointed by\nthe court is entitled in any court of the state. Except as provided in\nthe civil practice law and rules for venue for real property actions,\nall actions against a banking organization in the possession of the\nsuperintendent or against the superintendent arising out of its affairs,\nshall be instituted and maintained in a court of record in the county in\nwhich such banking organization maintained its principal place of\nbusiness.\n (b) If the superintendent takes possession of the business and\nproperty of any banking organization entitled to maintain an action,\nbefore the expiration of the time limited for the commencement thereof,\nsuch action may be commenced by the superintendent in the name of such\nbanking organization before the expiration of that time or within one\nyear after taking such possession, whichever date is later.\n (c) Where by any agreement a period of limitation is fixed for\ninstituting an action upon any claim, or for presenting or filing any\nclaim, proof of claim, proof of loss, demand, notice, or the like, or\nwhere in any action or by statute or ordinance, a period of limitation\nis fixed for serving or filing any claim or pleading, taking any appeal,\nor doing any other act, and where in any such case such period had not\nexpired at the date of taking possession of the business and property of\nany such banking organization, the superintendent may for the benefit of\nsuch banking organization institute any such action, serve or file any\nsuch claim or pleading, take any such appeal, or do any such other act,\nrequired or permitted to such banking organization within a period of\none year subsequent to the date of taking of such possession, or within\nsuch further period as may be permitted by the agreement, or in the\naction, or by statute or ordinance, as the case may be.\n (d) (1) Except as provided in this paragraph, unless the federal\nregulator or insurer is appointed as receiver or liquidator, the\nsuperintendent's taking of possession of any banking organization and\nthe liquidation of same shall operate as a stay of and as an injunction\nagainst, as of the date the superintendent takes possession of the\nbanking organization, applicable to all persons or entities, of:\n (i) The commencement or continuation, including the issuance or\nemployment of process, of a judicial, administrative, or other action or\nproceeding against the banking organization that was or could have been\ncommenced before the taking of possession, or to recover a claim against\nthe banking organization that arose before the taking of possession;\n (ii) The enforcement, against the banking organization or the business\nand property of the banking organization in this state, of a judgment\nobtained before the taking of possession;\n (iii) Any act to obtain possession of property of the banking\norganization or of property from the banking organization or to exercise\ncontrol over property of the banking organization;\n (iv) Any act to create, perfect, or enforce any lien against property\nof the banking organization;\n (v) Any act to create, perfect or enforce against property of the\nbanking organization any lien to the extent that such lien secures a\nclaim that arose before the taking of possession; and\n (vi) Any act to collect, assess, or recover a claim against the\nbanking organization that arose before the taking of possession.\n (2) The superintendent'
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