(b) if this summons is served by delivery to any person other than you personally, or is served outside the City of New York, or by publication, or by any means other than personal delivery to you within the City of New York, you are allowed THIRTY days after the proof of service thereof is filed with the Clerk of this Court within which to appear and answer. IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT EVEN THOUGH YOU MAY HAVE A VALID DEFENSE. The chief administrator of the courts shall promulgate, and post on the Unified Court System website, a form notice of petition for mandatory use in such proceedings. The face of the envelope shall be addressed to the defendant at the address at which process was served, and shall contain the defendant's name, address (including apartment number) and zip code. Historical Note (e) There are hereby designated within the department of housing preservation and development the following units for suspension or demotion: (3) office of rent and housing maintenance; (f) There are hereby designated within the Department of Finance the following units for suspension or demotion: In the event of suspension or demotion, preferred lists and certification and reinstatement therefrom shall be governed by the provisions of section eighty-one of the civil service law. Unless otherwise directed by the court, answering and reply affidavits and all other papers required to be furnished to the court by CPLR 2214(c) must be filed no later than the time of argument or submission of the motion. The consent must be filed with the clerk of the small claims part. Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of the motion. District Council 37, AFSCME, AFL-CIO 125 Barclay Street, New York, NY 10007 [FNa1] If the cause of action is for money only and a formal complaint is not attached to the summons, strike the words "annexed complaint." Current through rules effective February 19, 2023. (m) All motions pertaining to commercial claims shall be made returnable at a part session appointed for the hearing of commercial claims, except that a motion to remove a case from the commercial claims part shall be made returnable in the appropriate motion part in the county division of the court in which the action is pending, and shall be in accord with the rules of the NYCCCA generally applicable to motion practice. filed: Dec. 28, 1988; Sept. 23, 1991; March 23, 1995; Aug. 20, 1996; May 3, 1999; Sept. 10, 2001 eff. Quizs usted quiera comunicarse con un abogado. If the action has been noticed for judicial activity within 20 days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity. Get the current filing year's forms, instructions, and publications for free from the Internal Revenue Service (IRS). Select "Title Search. The Civil Service Commission oversees the City's merit system. (1) "Chief Administrator of the Courts" in this Part includes a designee of the Chief Administrator. to end the State Civil Service Commission's authority over the city's hiring practices, downgrade Civil Service tests, change disciplinary rules, end seniority and abolish the triborough Amendment. (2) Form of summons. Notwithstanding the provisions of paragraph 6.1.1 of this section or any other provision of law, any permanent employee in the competitive class who meets all of the requirements for a competitive examination, and is otherwise qualified as determined by the commissioner of citywide administrative services, shall be eligible for participation in a non-competitive examination in a different position classification provided, however, that such employee is holding a position in a similar grade. In the event such opposing papers are filed, the party applying for the preference may, within five days thereafter, serve and file in like manner papers in rebuttal. No default judgment based on defendants failure to answer shall be entered if the additional notice is returned to the court as undeliverable, unless the address at which process was served matches the address of the defendant on a Certified Abstract of Driving Record issued from the New York State Department of Motor Vehicles. Corte Civil de La Ciudad de Nueva York No. Published by: American Legal Publishing. (c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed. 44, No. (e) Continuous Calendars. (c) The clerk shall notify all parties of the scheduled conference date, which shall be not more than 45 days from the date the request for a preliminary conference is filed unless the court orders otherwise. 5. 208.22 Pretrial and prearbitration conference calendars Papers filed in court; index number; form; label, Electronic Filing in New York City Civil Court, Calendaring of motions; uniform notice of motion form, Motion parts; motion calendars; motion procedure. TALK TO A LAWYER RIGHT AWAY!! Claims Part, held at________________. (b) If a day certain is ordered, the action shall be withheld from the ready calendar until that day, at which time it shall appear at the top of the ready calendar. (a) General. open ny catalog developers. 64 0 obj <>stream Section 208.18 Calendars of triable actions. Candidates should focus their examination preparation upon the information given in the examination announcement in the section called Subject of the Examination, which lists the areas that will be tested for on the examination. filed Jan. 9, 1986; repealed, new filed April 27, 1993 eff. of (a) The notice of trial filed by any party pursuant to NYCCCA 1301 shall be accompanied by a certificate of readiness, with proof of service on all parties, in the form prescribed by this section. If it does not, the party shall also indicate if it exceeds $2,000, exclusive of costs and interest. . (a) Within 20 days of the filing of the notice of trial, if the notice of motion for a special preference is filed therewith, or within 10 days of the service of a notice of motion to obtain a preference, if served and filed subsequent to service and filing of the notice of trial, any other party may serve upon all other parties and file with the clerk affidavits and other relevant papers, with proof of service, in opposition to granting the preference. is available on the Department of Civil Service web site. The order of proof shall be determined by the court. (a) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, in connection with the enforcement of money judgments, as well as adjournments thereof if made returnable in the court, shall be returnable in such motion part of each county division of the court as may be designated by the Chief Administrator of the Courts. NYS Public Officers Law: Code of Ethics for all NYS Employees (3) If no party appears, the judge may strike the action from the calendar or make such other order as appears just. PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED). Auburn Sheriff's DepartmentAuburn Police Department. filed Oct. 29, 1990; amds. You can see upcoming announcements for examinations that are Open to All Qualified Individuals on the internet. Sec. Yes, there is the 55-b and the 55-c program. (1) Except for any action or proceeding arising under the Vehicle and Traffic Law, or prosecution of a violation of an ordinance of a city, town or village, or in a petition for change of name under the Civil Rights Law, or as otherwise provided by rule or law or court order, and whether or not a sealing order is or has been sought, the parties shall omit or redact confidential personal information in papers submitted to the court for filing. you for $ ____, together with costs, upon the following claim: _______________________________________________, _______________________________________________ A preliminary conference calendar is for the calendaring for conference of cases after issue has been joined for specific classes of cases designated by the Chief Administrator of the Courts. Section 208.23 Call of reserve, ready and general calendars. (1) Commencing May 21, 2001, all summary proceedings for residential premises located in postal ZIP codes 10035 and 10037, and for the Taft Houses and the Jefferson Houses, except proceedings brought by or at the direction of the New York County District Attorney's office under Real Property Actions and Proceedings Law, sections 711 and 715, shall be noticed and filed in the Harlem courthouse. (b) If a proceeding is assigned to a judge who is for any reason disqualified from hearing it, the proceeding shall be reassigned to another judge who is not disqualified, to be heard by the assigned judge as expeditiously as possible. (2) Trial Part. This Part shall apply to employees of the Unified Court System other than judges and elective officers. (a) In an inquest to ascertain damages upon a default pursuant to CPLR 3215, if the defaulting party fails to appear in person or by representative, the party entitled to judgment, whether a plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim, shall be permitted to submit, in addition to the proof required by CPLR 3215(e), properly executed affidavits as proof of damages. (b) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, if made returnable in the court, shall be filed with the clerk of the appropriate motion part, with proper affidavits of service, at least two court days before the return day, except where service was made too late for filing within such time, in which event filing before the hour of the return shall suffice and the clerk shall list all such upon the calendar. 208.14-a Proof of Default Judgment in Consumer Credit Matters We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. Whether you are a New York State employee or not, please see the pamphlet called Civil Service Examinations, How to Take a Written Test to learn more about the entire examination process including: why examinations are held, how to read the announcement, how to fill out the application, what to expect on test day, etc. ___________, Plaintiff ___________________ Defendant _____________, ATTENTION: A lawsuit has been filed against you claiming that you owe money for an unpaid consumer debt. Beginning September 2021, the Greene County Civil Service Commission will meet at 10:00 a.m. on the fourth Wednesday of each month. Title 3 Banking. (2) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross- claims. 4A:3-3.2(e), "[i]t shall be the responsibility of an eligible to keep a current address on file with the Civil . You should go to the court clerk's office at the address listed on the face of the envelope as soon as possible to respond to the lawsuit by filing an answer. You may wish to contact an attorney. 1If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order. Civil Service Basics. (a) A commercial claims action may be brought by a claimant that is: (1) a corporation, including a municipal or public benefit corporation, partnership, or association, which has its principal office in the City of New York; or. (3) Where a person submitting a paper to a court for filing believes in good faith that the inclusion of the full confidential personal information described in subparagraphs (i) to (iv) of paragraph (1) of this subdivision is material and necessary to the adjudication of the action or proceeding before the court, he or she may apply to the court for leave to serve and file together with a paper in which such information has been set forth in abbreviated form a confidential affidavit or affirmation setting forth the same information in unabbreviated form, appropriately referenced to the page or pages of the paper at which the abbreviated form appears. Such an order may be made only upon motion on notice showing in detail, by affidavit, the facts claimed to entitle the moving party to relief under this subdivision. (2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. Historical Note The court may permit counsel to leave, provided counsel remain in telephone contact with the court. fourteen of this chapter provide for the involuntary transfer of filed Jan. 9, 1986; amd. (d) Ready Calendars. Civil Court of the City of New York filed Sept. 22, 1993 eff. 2. (e) The clerk shall note, on the statement referred to in subdivision (a) of this section, the date on which the notice was mailed and the address, the date of delivery shown by the return receipt and the name of the addressee or agent signing the receipt. If all parties sign the form and return it to the court before the scheduled preliminary conference, such form shall be so ordered by the court, and, unless the court orders otherwise, the scheduled preliminary conference shall be canceled. If you believe you meet the criteria for transfer to a posted vacancy, you should note that on your application. A party requesting oral argument shall set forth such request in its notice of motion or on the first page of the answering papers, as the case may be. In the case of a commercial claim arising out of a consumer transaction, the clerk shall mark the claim conspicuously as a consumer transaction and shall record it in the docket marked as a consumer transaction. Section 208.32 Damages, inquest after default; proof. As a New York State Employee can I transfer only once in my career? There shall also be one or more small claims parts in each division for the hearing and disposition of all small claims proceedings, as the Chief Administrator may establish. Amended 208.8 on Nov. 7, 2005. sign in. (c) Actions stricken from the calendar may be restored to the calendar only upon stipulation of all parties so ordered by the court or by motion on notice to all other parties, made within one year after the action is stricken. - Housing Part of the Civil Court, City of New York Transfer and Change of Title. (c) There shall be paid to the clerk the following sums as a fee in an action or proceeding in the housing part: (1) upon the request of a tenant for an order directing the owner to correct the violation and to impose a penalty for failure to comply timely with the order-- $20; (2) upon the issuance of a petition by a landlord for the removal of housing violations-- $20. language english. The criteria are: Supplemental Nutrition Assistance Program (SNAP). Any other party may move at the appropriate motion part to modify or vacate such ex parte order. Housing Court Clerk The moving party shall serve copies of all affidavits and briefs upon the adverse parties at the time of service of the notice of motion. The face of the postcard shall also contain, in the form of a return address, the appropriate address of the clerk's office to which the respondent should be directed. (g) If service of notice cannot be effected upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice. United States Courthouse 355 Main Street Poughkeepsie, NY 12601 It is important that you go to the court clerk's office listed above as soon as possible. the Civil Service Law. If such stipulation is not returned signed by all parties, the parties shall appear at the conference. YOU MAY HAVE TO PAY OTHER COSTS TOO!! (2) Applications for an extension of time to comply with orders or judgments to pay moneys, vacate the premises or make repairs, or to correct mathematical errors, may be referred to a judge other than the one who signed the order or judgment. (c) Notwithstanding the foregoing provisions of this paragraph, with respect to members of the uniformed forces of the police and fire departments, the uniformed force of the New York City transit authority police department, and the uniformed force of the police department of the New York City housing authority, such reinstatement must be applied for by the former employee within a period of one year from the date of resignation or retirement. The charge-off statement or the monthly statement recording the most recent purchase transaction, payment or balance transfer shall be deemed sufficient evidence of a credit agreement. 1118 Grand Concourse ;laq [l b=1Dt If you believe you meet the criteria for transfer to a posted vacancy, you should note that on your application. (b) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel. (2) In debt buyer actions involving debt purchased from an original creditor on or after October 1, 2014, the affidavits set forth in subsection (d). The Clerk, if requested, will issue subpoenas for witnesses, without fee thereof. (a) Any party claiming a preference under CPLR 3403 may apply to the court by making a motion in a motion part, in accordance with CPLR 3403(b), the note of issue therein referred to being deemed a preference to a notice of trial. Except where a party appears in the action pro se, an attorney thoroughly familiar with the action and authorized to act on behalf of the party shall appear at such conference. Added (b) on December 23, 2015effective April 1, 2016. Section 208.28 Absence of attorney during trial. (4) When an action has been announced "ready" but no part is immediately available, counsel may arrange with the calendar judge to be summoned by telephone, provided they agree to hold themselves available and to appear on one hour's notice or at such other time as the court may order at the time and part assigned for the trial. NO SE PRESENTA EN LA CORTE CON ESTA CITACION LE PUEDEN CONFISCAR SUS BIENES (PROPIEDAD) Y PERJUDICAR SU CREDITO! (1) For purposes of this section a consumer credit transaction means a revolving or open-end credit transaction wherein credit is extended by a financial institution, which is in the business of extending credit, to an individual primarily for personal, family or household purposes, the terms of which include periodic payment provisions, late charges and interest accrual. Staten Island, NY 10310. (e) Parties relying solely on hospital records may so certify in lieu of serving medical providers' reports. SECTION 80 CSL and RULE 5.5 of the CLASSIFIED SERVICE RULES . 208.28 Absence of attorney during trial The action shall be instituted by the claimant or someone on its behalf by paying the filing fee and the cost of sending the notice of claim as provided in NYCCCA 1803-A and by filing and signing a written application containing the following information: (i) claimant's name and principal office address; (ii) defendant's name and place of residence or place of business or employment; (iii) the nature and amount of the claim, including dates, and other relevant information; where the claim arises out of a consumer transaction (one where the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes), information showing that the transaction is a consumer transaction; (iv) a certification that not more than five claims have been instituted in the courts of this State in the calendar month; and. Amended (a). LOCAL CIVIL RULES 1.1. There are no outstanding requests for If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. You can also email us at csinfo@albanycounty.com. Proceedings under article 7 of the Real Property Actions . (b) At least 20 days before the date of such examination, or on such other date as the court may direct, the party to be examined shall serve upon and deliver to all other parties the following, which may be used by the examining medical provider: (1) copies of the medical reports of those medical providers who have previously treated or examined the party seeking recovery. 7. (4) Credit agreement means a copy of a contract or other document governing the account provided to the defendant evidencing the defendants agreement to the debt, the amount due on the account, the name of the original creditor, the account number, and the name and address of the defendant. (3) Where a hazardous or nonhazardous violation is alleged and the summons is personally delivered to the landlord or its registered agent within the City of New York, the defendant shall appear and answer within 10 days after such service. A career or career-conditional employee of one agency may transfer, without a break in service of a single workday, to a competitive service position in another agency without competing in a civil service examination open to the public. In addition, certain textual errors and . Added on May 16, 2008 Section 25.2 Intent. This type of an examination is a good choice for the employee who has just acquired a degree. Positions in the Unclassified Service other than those in the County Service which are part of the State Rules shall be listed in Appendix D of the Rules, and although listed separately, are considered a part hereto. Sec. Historical Note What is the 55-b program? (e) In a case in which a notice of motion for summary judgment in lieu of a complaint (pursuant to CPLR 3213 and NYCCCA 1004) is annexed to the summons, the following form of summons is to be used: YOU ARE HEREBY SUMMONED and required to submit to plaintiff's attorney your answering papers on this motion within the time provided in the notice of motion annexed hereto. (a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. Except as provided in paragraph 6.1.9 of this section, an employee shall not be transferred to a position for which there is required an examination involving essential tests or qualifications different from or higher than those required for the position held by such employee. View a list of supported browsers. We welcome your participation in our examinations program. (a) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties, and shall comply with all the provisions of the NYCCCA applicable to summonses. Administrative titles are those involving law, personnel, budgeting, methods and procedures, management, records analysis or administrative research. (h) At the time of the issuance of a notice of petition by a judge or the clerk, or an order to show cause by the judge, in a summary proceeding to recover possession of real property, a copy of such order to show cause or notice of petition shall be filed with the clerk. Download / Print 1098-T FAQ's Tax Benefits. (1) A person seeking to obtain personal jurisdiction over a person named as a party to an action specified in subdivision (a) of this section may serve the opposing party in hard copy, or by electronic means if the opposing party agrees to accept such service, in accordance with the CPLR or the New York City Civil Court Act. New York, NY 10013, Harlem Courthouse Historical Note (2) The term "police agency" or "police department" shall not be Section 208.41-a Commercial claims procedure. Any such reinstatement effected more than one year after such separation shall not constitute continuous service. The party causing the first paper to be filed shall obtain an index number and communicate it forthwith to all other parties to the action. Notwithstanding the provisions of any other section of law, general, special or local, any political subdivision maintaining a police department serving a population of one hundred fifty thousand or less and with positions for more than four full-time police officers, shall maintain the office of chief of police. Section 208.17 Notice of trial where all parties appear by attorney. filed May 4, 1998 eff. Bill of particulars served. Sec. The court shall consider the pro se status of any party in granting relief pursuant to this provision. (c) Within 20 days after service of such notice of trial, any party may move to strike the action from the calendar or to keep it from being placed thereon. Civil Service makes the determination that service in certain titles qualifies you for appointment to other titles. Historical Note (g) In any action arising from a consumer credit transaction, a default judgment shall not be entered against the defendant unless the plaintiff first shall have submitted to a judge or to the clerk of the court proof, by affidavit or otherwise, that the summons served upon the defendant had displayed and set forth on its face the words and added legend or caveat required by subdivisions (d) and (f) of this section. Section 70 Transfers, A Guide to Small Claims Court is available at the court listed above. (a) When an employee is absent without leave and fails to communicate with the department in which employed in the manner prescribed by that department for a period of twenty consecutive work days, such absence shall be deemed to constitute a resignation effective on the date of its commencement unless the appointing officer, at the discretion of that officer, accepts an explanation for such unauthorized absence. Application of Rules . All motions under this rule may be made on affidavits of attorneys, shall be made on notice, returnable at the appropriate motion part and shall be granted or denied on such terms as to costs, calendar position and dates of compliance with any provision of this rule as the court in its discretion shall direct. 208.17 Notice of trial where all parties appear by attorney THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!! (n) There May be Arbitration of Any Small Claims Controversy. (b) Where a bifurcated trial is ordered, the issues of liability and damages shall be severed and the issue of liability shall be tried first, unless the court orders otherwise. increasing citizen access. 208.19 Notice of calendars This compares to the national average adjunct faculty salary of $73,929. (b) Where personal service cannot be made or where the employee is not a resident of the city, it shall be sufficient for the agency head to serve such charges by registered mail to the last known address of such person. Jan. 6, 1986. Title 1 Department of Agriculture and Markets. ", (a) Si esta citacion es entregada a usted personalmente en la Ciudad de Nueva York, usted debe comparecer y responderia dentro de VIENTE dias despues de la entrega; o. You should bring this notice and any legal papers you may have received. 100-5RR Source: Civil Service Law Section 70(4); Personnel Rules and Regulations of the City of New York, Rule 6.1.9 Date: May 24, 2011 I. 208.4 Papers filed in court; index number; form; label Sec. Here you will also find highlighted opportunities based on your education and experience. (c) If no appropriate vacancy shall exist to which reinstatement may be made, or if the work load does not warrant the filling of such vacancy, the name of such person shall be placed upon a preferred list for the person's former or similar position, and such person shall be eligible for reinstatement therefrom for a period of four years from the date of medical and physical qualification. For employees in the Civil Service Retirement System, the annuity is reduced 2 percent for each year workers are un- der age 55. No adjournment shall be granted on the ground of engagement of counsel except in accordance with Part 125 of the Rules of the Chief Administrator of the Courts 22 NYCRR Part 125). This probationary period may be upon hire, transfer or promotion. term "city agency" shall include any school district, public authority, New York, NY 10035, Queens County . - Civil Court of the City of New York Notwithstanding the provisions of paragraph 6.1.1 of this section or any other provision of law, any permanent employee in the competitive class who meets all of the requirements for a competitive examination, and is otherwise qualified . All other parties shall serve copies of the reports of their medical providers within 45 days thereafter.