PDF. The settlement of an action by an infant or judicially declared incapacitated person (including an incompetent or conservatee) shall comply with CPLR 1207 and 1208, section 202.67 of the Rules of the Chief Administrator (22 NYCRR 202.67) and, in the case of an infant, with section 474 of the Judiciary Law. If a test guide is provided for an examination, information about the guide will appear on the examination announcement. The request shall state the title of the action; index number; date of joinder of issue; name, address, and telephone number of all attorneys appearing in the action; and the nature of the action. Notwithstanding the provisions of from a civil division of the state to the state, or vice versa, provision shall be made for the transfer of necessary officers and employees who are substantially engaged in the performance of the function to be transferred. __________, COUNTY OF ______________ INDEX NO. A motion part is a part of court for the hearing and determination of motions and applications that are not otherwise required by this Part to be made in a calendar part, trial part or conference part. A consumer credit transaction does not include debt incurred in connection with, among others, medical services, student loans, auto loans or retail installment contracts. (3) The actions on the ready calendar must be answered by or on behalf of the trial counsel each day the calendar is called, unless otherwise ordered by the calendar judge, or unless trial counsel already has demonstrated an engagement during one or more days. Sept. 3, 1993. If you email us outside of business hours, we'll get back to you when our office is open again. to and how to apply? 208.38 Appeals Section 208.32 Damages, inquest after default; proof. VENGA EN PERSONA Y EL SECRETARIO DE LA CORTE LE AYUDARA. (c) Additional Rules. (b) There are hereby designated within the department of health the following separate units for suspension or demotion: (1) urine testing laboratory of the methadone maintenance treatment program; (2) Williamsburg methadone maintenance clinic of the methadone maintenance treatment program; (3) evaluation and control unit of the methadone maintenance treatment program. Actions shall be taken in order from the top of the general calendar or preliminary conference calendar and placed at the end of the pretrial conference calendar. (a) Motion Parts and Calendars. (i) If at the hearing it shall appear that the defendant has a counterclaim in an amount within the jurisdiction of the part for the hearing of small claims, the judge may either proceed forthwith to hear the entire case or may adjourn the hearing for a period of not more than 20 days, or as soon thereafter as may be practicable, at which adjourned time the hearing of the entire case shall be had. 208.37 Executions 4. filed Feb. 23, 1987 eff. (c) Copies of the reports of the medical providers making examinations pursuant to this section shall be served on all other parties within 45 days after completion of the examination. If any of the parties has appeared by attorney, the clerk shall notify the attorney. . LH C%R&E9! (c) No adjournment of an examination shall be valid unless reduced to writing and a copy thereof delivered to the judgment debtor or other person, including a garnishee, at the time of such adjournment, and his acknowledgment of the receipt thereof is endorsed on the original. Page -8- to time by the Appellate Divisions of the State of New York; and (7) that applicant will faithfully adhere to all rules applicable to applicant's conduct in . Section 208.1 Application of Part; waiver; additional rules; application of NYCCCA; definitions. Failure to appear may subject you to fine and imprisonment for contempt of court.". Once entered, a judgment is good and can be used against you for twenty years, and your personal property and money, including a portion of your paycheck and/or bank account, may be taken from you. For information on parking, contact OGS Parking Management at 518-474-8118 or parking.management@ogs.ny.gov . Claims Part, held at________________. No expense shall be incurred by the arbitrator except upon the consent in writing of the parties. (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. At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. 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. (c) Within five days after the action is filed, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, at one of the addresses required by NYCCCA 1803-A, as shall be deemed necessary, a signed notice bearing the seal of the court, which shall be in substantially the following form: Take Notice that.. asks judgment in this Court against you for $ ____, together with costs, upon the following claim: ________________________________________________. (a) Applications for a day certain for trial shall be made to the calendar judge or, if no calendar part has been established, to the trial judge on an affidavit of the attorney of record or a stipulation of the attorneys for all parties, that trial counsel, a party or a material witness resides more than 100 miles from the courthouse or is in the military service or that some other undue hardship exists. 1. Together with any other affidavits required under New York law, the following affidavits shall be required as part of a default judgment application arising from a consumer credit transaction where such application is made to the clerk under CPLR 3215(a). Absent exceptional circumstances, if a restored case is not ready when reached, it shall forthwith be dismissed or an inquest or judgment ordered as provided in subdivision (b) of this section. (n) There May be Arbitration of Any Small Claims Controversy. Beginning September 2021, the Greene County Civil Service Commission will meet at 10:00 a.m. on the fourth Wednesday of each month. . RE: Article 7 Treatment of Employees Moving from . the full name of an individual known to be a minor, except the minor's initials; and. A transfer, other than a functional transfer, shall not be approved to a position for which an adequate appropriate preferred or agency promotion list exists, except as provided for in paragraph 6.1.5 of this section. In the event that such person is reinstated to a position in a lower grade, the person's name shall likewise be placed on a preferred list. filed Oct. 29, 1990; amds. Updated 10-01-2020. !SI UD. You should bring this notice and any legal papers you may have received. (2) Original creditor means the financial institution that owned the consumer credit account at the time the account was charged off, even if that financial institution did not originate the account. The request shall be served on all other parties and filed with the clerk together with stamped postcards addressed to all parties. If you've been appointed from a list, 208.29 Traverse hearings The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . (b) In the case of an employee covered by the provisions of section seventy-five of the civil service law such absence shall constitute a cause for action against such employee under and subject to the provisions of that section. (1) Calendar Part. In any court not continuously in session, the calendars at the close of one term or session of court shall be used to open the following term or session, and actions on the calendars shall retain their positions. The court may permit counsel to leave, provided counsel remain in telephone contact with the court. (c) Service of documents. endstream endobj 65 0 obj <>stream (5) The arbitrator shall make an award in writing and file the same forthwith, together with his or her opinion, if any, with the clerk of the small claims part. the Civil Service Law. Approval by the agency from which the employee is transferring is not required in order for the transfer to occur. The calendars shall be deemed continuous and no change in the order of original placement shall be made except as provided in this Part, by court order or as may be required by provisions of law. Complete Waived Not (a) A small claims action shall be instituted by a plaintiff or someone on his or her behalf paying the filing fee as provided in NYCCCA 1803, and by supplying to the clerk the following information: (1) plaintiff's name and residence address; (2) defendant's name and place of residence, or place of business or employment; and. The notice of trial shall include the index number, name, office address and telephone number of each attorney and pro se party who has appeared, and the name of any insurance carrier acting on behalf of any party. IF YOU CAN'T PAY FOR YOUR OWN LAWYER, BRING THESE PAPERS TO THIS COURT RIGHT AWAY. endstream endobj 67 0 obj <>stream Our members help make New York run by working in over 1,000 titles - everything from Accountants to Zookeepers. 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. 7. A promotional list with the names of three or more eligibles will also preclude a transfer. Housing Court Clerk DON'T THROW IT AWAY!! No default judgment based on defendant's failure to answer shall be entered unless there has been compliance with this subdivision and at least 20 days have elapsed from the date of mailing by the clerk. Any such reinstatement effected more than one year after such separation shall not constitute continuous service. Section 208.4-a Electronic Filing in New York City Civil Court. 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. filed: Aug. 20, 1996; Sept. 10, 2001 eff. You can choose to receive credit, but there may be a cost. (m) All motions pertaining to small claims shall be made returnable at a part and session appointed for the hearing of small claims, except that a motion to remove a case from the small 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. you for $ ____, together with costs, upon the following claim: _______________________________________________, _______________________________________________ (a) Such reinstatement shall be subject to the provisions of this section and shall be made without further examination except that the employee reinstated under this section may be subject to such probationary period, investigation, medical or other qualifying tests or requirements as the commissioner of citywide administrative services shall determine. 2nd Floor (a) Alternative method of dispute resolution by arbitration. The Civil Service Law and the Rules and Regulations promulgated there under, implement the mandate of the State Constitution, Article V, section 6, which provides that: "Appointments and promotions in the civil service of the State and all of the civil divisions Transfer of personnel. , Cohoes, NY 12047 Phone: 518-237-0100 Fax: 518-233-1878. The plaintiff shall be required to affirm in its affidavit of facts that the debt was purchased from the original creditor before October 1, 2014 and attach proof of that fact. LOCAL CIVIL RULES 1.1. There shall be such calendars as may be established, from time to time, in the discretion of the Chief Administrator of the Courts. New York State Committed to Innovation, Quality and Excellence . 208.21 Objection to applications for special preference The consent must be filed with the clerk of the commercial claims part. An order of transfer shall direct the disposition of the papers then on file. help video help supported browsers catalog navigation. 6. 3. Historical Note Civil Service Basics. Specific transfer requirements are listed below. [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." filed Jan. 9, 1986; repealed, new filed April 27, 1993 eff. You can also email us at csinfo@albanycounty.com. . (d) Official Record; Maintenance of Files; Working Copies. 208.1 Application of Part; waiver; additional rules;. If served by any party other than the party to be examined, the notice shall name the examining medical provider or providers. Unless otherwise stipulated the examination shall be held not less than 30 nor more than 60 days after service of the notice. If the inability to proceed to trial is expected to exceed 10 days, the action shall be returned to the reserve calendar or stricken from the calendar as circumstances warrant, unless, for good cause shown, the court on application grants an adjournment. Once these decisions are made, Civil Service Law and Rules provide an orderly method for determining who will be affected. A multipurpose part is a part of court for the performance of the functions of a calendar part, a trial part, a motion part, a conference part, as well as other special parts of court, or any combination thereof. Jan. 1, 1991. Amended (d). Said judge or housing judge shall render such decision within 30 days after trial of a nonhazardous or hazardous violation, and within 15 days after trial of an immediate hazardous violation or an injunction. (c) In an emergency, when neither the calendar judge nor the administrative judge can be contacted, any other judge of or assigned to the court may act in respect to pending proceedings as may be appropriate. If such stipulation is not returned signed by all parties, the parties shall appear at the conference. (g) The affidavits required by this section shall be supported by exhibits, including a copy of the credit agreement as defined in this section, the bill of sale or written assignment of the account where applicable, and relevant business records of the Original Creditor that set forth the name of the defendant; the last four digits of the account number; the date and amount of the charge-off balance; the date and amount of the last payment, if any; the amounts of any post-charge-off interest and post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf the defendant; and the balance due at the time of sale. 208.14 Calendar default; restoration; dismissal . En el caso que usted no entregue su contestacion, se dictara sentecia sumaria contra usted por incumplimiento por la suma demandada en la peticion de demanda. (9) Upon the signing of an order to show cause and prior to the service thereof, the clerk of the housing part shall issue an index number. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. Telephone number: If you believe you meet the criteria for transfer to a posted vacancy, you should note that on your application. A permanent competitive class employee, separated from a position by appointment or promotion to another position in the unclassified or classified service of the city and who has served continuously therein, shall be eligible for reinstatement to the competitive class position formerly held by the employee or to another similar position or lower position in the same or similar occupational group or service. 208.40 Arbitration 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. (b) Omission or Redaction of Confidential Personal Information in Civil Actions and Proceedings. (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. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!! (ii) Documents that are electronically filed to commence an action in compliance with this section shall be deemed filed with the Clerk of the Civil Court in the county in which the action is brought for purposes of section 400 of the New York City Civil Court Act upon the date of receipt of those documents by the NYSCEF site, together with the payment of any required fee. Discover proceedings now known to be (2) Trial Part. 1118 Grand Concourse (d) A defendant's time to move or answer may be extended by ex parte order no more than once, and for no longer than 10 days beyond the expiration of the original time to answer, and only if there has been no previous extension by consent. You must also pay to the clerk a jury fee of $55 and file an undertaking in the sum of $50 or deposit such sum in cash to secure the payment of any costs that may be awarded against you. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. For purposes of this subdivision, the h24T0P04R0P04V01V+-()$X;hCE MX (k) The court, in its discretion, may order such further conferences as it may deem helpful or necessary at any time in a matter before the court to which this section is applicable. Section 208.22 Pretrial and prearbitration conference calendars. (h) If a verified complaint has been served, it may be used as the plaintiffs affidavit of facts where it satisfies the elements of the AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF. What are the requirements for transfer? Where can I get study materials or test guides for examinations? (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. All pleadings served. the date of an individual's birth, except the year thereof; iii. We will always provide free access to the current law. the New York State Rules of Professional Conduct as adopted from time . (a) Applicability. If you do not respond to the lawsuit, the court may enter a money judgment against you. Usted no puede ser arrestado ni apresado por adeudar dinero. search. This Part shall be applicable to all actions and proceedings in the Civil Court of the City of New York. filed Jan. 24, 1991 eff. (d) If an order of restoration is granted, it shall provide that a new notice of trial be filed forthwith and that the case be placed on the general trial calendar in its regular place as of the date of filing the new notice of trial, unless the court in its discretion orders otherwise. The clerk or his or her designee may scan and e-file documents that were filed in hard copy in an action subject to e-filing or maintain those documents in hard copy form. The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days. As a New York State employee you may take any and all examinations that you meet the minimum qualifications. (a) if this summons is served by its delivery to you personally within the City of New York, you must appear and answer within TWENTY days after such service; or. Civil Service Rule 5.4 Official Compilation . The petitioner may (optionally) list a telephone number which may be used to call for repair and service. Published by: American Legal Publishing. (l) No disclosure or bill of particulars shall be allowed without an order of the court in an action or proceeding to impose a civil penalty in the housing part. If the notice is served by the party to be examined, the examining parties shall, within 10 days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. filed Jan. 9, 1986; amd. There shall be as many ready calendars with such classifications of actions as the Chief Administrator shall direct. (h) Rules of evidence shall apply in all actions and proceedings in the housing part. Section 208.18 Calendars of triable actions. entrepreneurship, were lowering the cost of legal services and (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. term "city agency" shall include any school district, public authority, The Clerk, if requested, will issue subpoenas for witnesses, without fee thereof. 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. There are three transfer mechanisms allowed under Civil Service Law and these are referred to by the section of the law in which they are specified. (j) The housing part shall be presided over by a judge of the Civil Court or, in the discretion of the administrative judge, by a housing judge. (c) The clerk shall give to the person who signed the statement a memorandum of the time and place set for the hearing, which shall be as soon as practicable, and shall advise such person to produce at the hearing the supporting witnesses, account books, receipts or other documents required to establish the claim. The affidavit in support of the application must specify the reason the action is not entitled to be on the calendar. - Civil Court of the City of New York (1) "Chief Administrator of the Courts" in this Part includes a designee of the Chief Administrator. (b) In any action which has been accorded a preference in trial upon a motion filed with the clerk, the court shall not be precluded, on its own motion at any time thereafter, from restoring the action to its regular calendar position on the ground that the action is not entitled to a preference under these rules. (1) In original creditor actions, the affidavit set forth in subsection (c), effective October 1, 2014. SECTION 80 CSL and RULE 5.5 of the CLASSIFIED SERVICE RULES . Finding out about job opportunities with the State of New York has never been easier! (h) Unless the court shall otherwise order, a defendant to whom notice was duly given who fails to appear, either in person or by attorney, at the hearing on the day and time fixed, shall be held to be in default, except that no default shall be ordered if the defendant or his or her attorney appears within one hour after the time fixed. (g) Where all parties appear by attorney, the case shall be transferred to the appropriate county division of the Civil Court of the City of New York, and the claimant shall pay any additional filing fees required by law. 208.33 Submission of orders, judgments and decrees for signature Section 208.14-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the New York City Civil Court). subdivision one of this section or any other provision of law, any city More information regarding Opportunities in State Government Aug. 30, 2001. (j) An oath or affirmation shall be administered to all witnesses. Affidavits may be augmented to provide explanatory details, and supplemental affidavits may be filed for the same purpose. !TAMBIEN ES POSIBLE QUE TENGA QUE PAGAR OTROS GASTOS LEGALES (COSTAS)! Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind. Attorney 2 (or Attorney in charge of case if law firm) for moving party. (b) If the agency shall determine that such application and explanation are meritorious, it may, in its discretion and with the approval of the commissioner of citywide administrative services, reinstate such person; provided however, that: (1) such person shall be eligible for reinstatement for a period of one year only from the date of dismissal; and. (a) A notice of appeal shall not be accepted for filing without proof of service upon all parties. B. (3) the nature and amount of the plaintiff's claim, giving dates and other relevant information. necessary completed. (iii) oral argument is requested by a party.Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely upon the request of another party. (ii) An action or proceeding involving premises located in postal ZIP codes 10035 and 10037, and the Taft Houses and the Jefferson Houses, shall be noticed and filed in the Harlem courthouse. Get free summaries of new opinions delivered to your inbox! Both positions must be within the competitive class. Application of Rules . filed Jan. 9, 1986 eff. The following is basic information that will help applicants to understand the hiring process and take the mystery out of getting a job with New York State. 208.5 Submission of papers to judge When it shall appear to the satisfaction of the judge presiding that a party to an action or a witness necessary upon the trial is in military service, and is not presently available for trial, and that a deposition cannot be taken, or, if taken, would not provide adequate evidence, the case shall be designated "military" and transferred to a military calendar. Transfer between Federal Agencies. possess any special credentials that may be required for the title to which you are transferring (such as admission to the New York State Bar, typing skills, etc.).
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