CPLR By the Numbers Volume 2 Flashcards
3402- Note of Issue
At any time after issue is first joined or at least after _________ after the service of a summons has been completed whether we have joinder or not, any party may place a case on the calendar by filing within __________ after service, with proof of such service, ___________ of a “Note of Issue with the clerk.
The clerk (soon to be you) shall enter the case upon the calendar as of the date of filing the note of issue
FORTY(40) DAYS ………..TEN (10) DAYS……. TWO (2) COPIES
3402- Note of Issue
- A party who brings in a new party shall within __________ serve him with the note of issue and file a statement with the clerk advising him of the bringing in of such new party and of any change in the title of the action, with proof of service of the note of issue upon the new party, and of such statement upon all parties who have appeared in the action.
- The case shall retain its place upon the calendar unless the court otherwise directs.
FIVE(5)DAYS
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
1. An action brought by or against the ____ (or state officer or board of officers)
2. An action where a preference is provided by ________
3. An action where the _________ will be provided by an early trial
4. An action upon the application of a party who has reached the age ________ years
5. An action based on medical, dental or podiatric _________
6. An action to recover damages for personal injuries where the plaintiff is ___________ and alleges such illness is the result of action by the defendant
7. NEW - any child sexual abuse or sex abuse action which has been revived pursuant to section 214-G or 214-J of the CPLR.
State………. statute…… interests of justice ……. 70 ……. malpractice…… terminally ill
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
- An action upon the application of a party who has reached the age ______ years
70
3403- Trial Preferences
To obtain a preference a notice of motion for such must be filed with the note of issue or_________ after such service by any other party, with the exception of the party who turned 70 years or became terminally ill, it can be ________ during the pendency of the action
TEN (10) DAYS…… anytime
3404- Dismissal of Abandoned Cases
- A case “marked off” or struck from the calendar if not restored within __________ is deemed abandoned and shall be dismissed without costs for neglect to prosecute.
- **The clerk shall make an appropriate entry _______ the necessity of an order.
ONE (1)YEAR……… WITHOUT
3405- Arbitration of Certain Claims
The Chief Judge of the court of __________ shall make the rules for arbitration of claims for the recovery of money not exceeding ________ , or in NYC Civil Court ________
appeals…… $6,000.00…..$10,000.00
3406- Mandatory Filing and Pre-calendar Conference (relates to CPLR3409) +
Not more than ________ after issue is joined, the plaintiff in an action seeking damages for medical, dental or podiatric malpractice must file a special notice to that effect with the clerk of the court along with proof that such notice was served on all parties and proof that, if demanded, authorizations to obtain medical, dental, podiatric and hospital records have been served upon the defendants in the action; and such other papers as may be required to be filed by rule of the chief administrator of the courts.
SIXTY (60) DAYS
3406- Mandatory Filing and Pre-calendar Conference (relates to CPLR3409) +
- There shall be a pre-calendar conference which will determine the timeline to complete disclosure at no more than ________ after the notice of medical, dental or podiatric malpractice has been filed and to be ready for trial within __________ after such notice is filed.
- The pre-calendar conference will be held after the issue is _______ but before the note of issue is filed.
TWELVE (12) MONTHS……. EIGHTEEN (18) MONTHS ………. joined
3407- Preliminary Conference in Personal Injury Actions for the Terminally III+
In the case of a person terminally ill, a request for an expedited preliminary conference may be made in writing filed with the clerk along with a physician’s affidavit stating among other things the life expectancy of the party. The court shall hold such conference within __________ and the court shall issue an order for the completion of discovery within ___________ .
TWENTY (20) DAYS……… NINETY (90) DAYS
3407- Preliminary Conference in Personal Injury Actions for the Terminally III+
At conference, the court shall issue an order that a note of issue and certificate of readiness be filed in such action within a period of time specified in the order, trial should receive a preference, and shall commence within __________
ONE (1) YEAR
3408- Mandatory Settlement Conference in Residential Foreclosure actions
In any residential foreclosure action involving a home loan where the defendant is a resident of the property being foreclosed, the court shall hold a mandatory foreclosure conference within _________ after the date when proof of service is filed, or upon a date agreed upon by the parties. The purpose is to hold settlement discussions and try to reach a mutually agreeable resolution.
SIXTY (60) DAYS
3408- Mandatory Settlement Conference in Residential Foreclosure actions
Within ________ of any settlement agreement or loan modification, the plaintiff must file a notice of discontinuance and vacatur of the lis pendens (a notice lenders use when they initiate a foreclosure sale).
90 days
3408- Mandatory Settlement Conference in Residential Foreclosure actions
Upon a finding that the Plaintiff failed to negotiate in good faith,interest may be tolled, damages may be awarded and a civil penalty not to exceed __________
$25,000.00
3408- Mandatory Settlement Conference in Residential Foreclosure actions
- (Bard) At the first settlement conference in a foreclosure action, if the defendant has not filed an answer or made a pre-answer motion to dismiss, the court will advise the defendant of their right to answer the complaint, the consequences of not answering, provide information about foreclosure prevention assistance, and provide them with a copy of the Consumer Bill of Rights
- A defendant who appears at a settlement conference but has not filed an answer will be presumed to have a reasonable excuse for the default and will be allowed to file an answer without any substantive defenses deemed to have been waived within ___________ of initial appearance at the settlement conference.
thirty days
3409- Settlement Conference in Medical, Dental and Podiatric Malpractice Actions+
There is also a mandatory settlement conference in medical, dental or podiatric malpractice cases, which shall be had within __________ after the filing of the note of issue and certificate of readiness or __________ after the decision denying a motion to vacate a note or certificate
FORTY-FIVE(45)DAYS……… 45 days
Rule 3410. Face-to-face meeting for foreclosure of reverse cooperative apartment unit loans.
(Bard) Within ________ of serving the notice to the borrower, the petitioner must file a specialized request for judicial intervention with the clerk, and the court must hold a mandatory settlement conference to discuss possible resolution to avoid the borrower’s loss of the apartment within ______ of receipt of the notice to discuss the parties’ rights and obligations under the loan documents.
TEN (10) DAYS………. SIXTY (60) DAYS
Rule 3410. Face-to-face meeting for foreclosure of reverse cooperative apartment unit loans.
If the plaintiff fails to negotiate in good faith, the court at a minimum, must toll the accumulation and collection of interest, costs,and fees during any undue delay caused by the plaintiff and may, compel the production of documents, impose a civil penalty not to exceed _________ (hey, this sounds familiar…), and/or award damages, fees, expenses, and attorney fees accrued due to the failure, or any other relief the court deems appropriate
$25,000.00
4102- Demand and Waiver of Trial by Jury
- Any party may demand a trial by jury when such right exists by serving on all parties and filing a note of issue containing a ___________
- Any other party may demand a jury by serving such jury demand within ____________ of being served the note of issue.
- *The note of issue must be served _____________
jury demand. …FIFTEEN (15) DAYS………first
4102- Demand and Waiver of Trial by Jury
- If a demand for jury trial covers only certain issues, the other side may, within __________ , file a demand for jury trial as to the other issues.
- You should also know that a party may not __________ a demand for a jury trial without the consent of the other parties!
TEN (10) DAYS….. withdraw
4104- Number of Jurors
A CIVIL JURY SHALL BE COMPOSED OF _______ PERSONS
SIX
4105- Persons Who Constitute the CIVIL Jury
The first _________ persons whose names are drawn and called and are approved by the parties shall constitute the CIVIL jury
SIX
4109- Peremptory Challenges (KNOW THIS - THEY WILL ASK)
- The plaintiff or plaintiffs shall have a combined total of ___________ peremptory challenges plus _________ for every _______ alternates
- The defendant or defendants shall have a combined total of __________ peremptory challenges plus __________ for every _______ alternates
THREE(3) …….. ONE (1) ….two……. THREE(3)……. ONE(l) … two
4110- Challenges for Cause
- Persons shall be disqualified as jurors if related within the ___________ degree by consanguinity or affinity to a party.
- The party related to the juror must raise the objection before the case is opened, any other party must raise it no later than __________ after the verdict
Sixth …….. SIX (6) months
SIXTH DEGREE = SIX MONTHS
To help remember that last little diddy, take note of SIX being the common number
4113- Disagreement by Jury
A verdict may be rendered by not less than _________ of the jurors
five sixths (5/6)
4213- Decision of the Court
The decision of the court shall be rendered within _______ after the matter is finally submitted or after a motion whichever is later, unless the parties agree to extend the time
SIXTY (60) DAYS
4312- Number of Referees; Qualifications
The court may designate either _______ or ________ referees; in the case of a JHO as a referee there shall be _________
ONE or THREE …………. only ONE
4313- Notice
The clerk shall send a copy of the order of reference to the referee who will notify the parties of a time and place for a hearing within _____ of the day of the order, unless he declines to serve
TWENTY (20) Days
4319- Decision
The decision of the referee shall be made within _______ after the matter is submitted to him. If it is not filed within that time, the court may grant a new trial upon motion of a party and the referee shall not be entitled to fees.
- Take note: This is half the time the judge has to render a decision
THIRTY (30) Days
4403- Motion for new trial or to confirm or reject or grant other relief after reference to report or verdict of advisory jury+
- Within ________ after the verdict of an advisory jury or the report of a referee, upon the motion of either party or on its own initiative the court can confirm or reject in whole or in part such verdict or report.
- The court may make new findings without the taking of new testimony, and may order a new trial
FIFTEEN (15) DAYS
4404- Post Trial Motion for Judgment and New Trial
A POST-TRIAL motion under this article shall be made before the judge who presided at the trial and must be made within _______ after the decision, verdict or discharge of the jury. The court shall have no power to grant any relief once an appeal has been filed
- Keep in mind this differs from the time for filing an appeal which is 30 days
FIFTEEN (15) DAYS
4404- Post Trial Motion for Judgment and New Trial
- Every ground for post trial relief should be made within ________ post trial motion
- Each party shall raise by the motion or by demand every ground for post-trial relief then available to him.
ONE(1)
5003a- Prompt Payment Following Settlement+
Prompt payments are expected after a matter has been settled within __________ after the plaintiff delivers a duly executed release and stipulation discontinuing the action
TWENTY ONE (21)DAYS
5003a- Prompt Payment Following Settlement+
When the defendant expected to pay is a municipality, then payment shall take place within __________ after the plaintiff delivers a duly executed release and stipulation discontinuing the action
NINETY(90)DAYS
5003a- Prompt Payment Following Settlement+
Payment shall also be made within _______________ when the defendant is the State from the day the _________ receives all papers required by him
NINETY(90)DAYS……comptroller
5003a- Prompt Payment Following Settlement+
- The provisions of this paragraph do not apply to insurance companies that insure municipalities, subdivisions of municipalities, the state, an officer or employee of the state entitled to indemnification or public corporations that are not indemnified by the state.
- The ___________ period applies to them.
twenty-one (21) day
NEW 5003-b. Nondisclosure agreements. (I would know this. It’s ripe for a question)
- Any such term or condition of confidentiality MUST be provided to all parties, and the plaintiff shall have ____________ to consider such term or condition.
- If after ___________ such term or condition is the plaintiff’s preference, such preference shall be memorialized in an agreement signed by all parties.
TWENTY-ONE (21) DAYS …………TWENTY-ONE (21) DAYS
NEW 5003-b. Nondisclosure agreements. (I would know this. It’s ripe for a question)
For a period of at least ____________ following the execution of such agreement, the plaintiff MAY revoke the agreement, and the agreement shall not become effective or be enforceable until such revocation period has expired.
SEVEN (7) DAYS
NEW 5004. Rate of interest. KNOW THIS!+
Interest shall be at the rate of ______________ per annum, except where otherwise provided by statute
nine percent
NEW 5004. Rate of interest. KNOW THIS!+
The annual rate of interest to be paid in an action arising out of a consumer debt where a natural person is a defendant shall be ______________ PER ANNUM.
TWO PERCENT (2%)
5011- Definition and Content of Judgment
When an incarcerated defendant is awarded damages, the court shall give prompt written notice to the office of __________ and shall direct that no payment be made to such inmate for a period of ___________ following the date of the entry of the order
victims services…… THIRTY (30) DAYS
5014- Action Upon Judgment+
- An action upon an existing money judgment can only be maintained where ___________ have elapsed since the first docketing of the judgment or in the case of a default judgment where the summons was served by a method other than __________
- In the first instance above, such action must be commenced during the year ________ to the expiration of the Ten years. The new judgment shall be designated a ______ Judgment. The lien upon the new judgment will take effect upon the expiration of Ten years of the docketing of the ________ judgment
TEN(10)YEARS….personal delivery….prior….. Renewal…….original
5020- Satisfaction - Piece
When a person entitled to enforce a judgment receives either full or partial satisfaction of the judgment, they shall execute and file with the proper clerk a satisfaction piece or partial satisfaction piece. A copy of such filed with the clerk shall be mailed to the judgment debtor within ____________ after the date of filing
TEN (10) DAYS
5020- Satisfaction – Piece
Within _________ after the entry of a judgment, the attorney of record for the judgment ________ may execute a full or partial satisfaction piece
TEN (10) YEARS ………… CREDITOR
5020- Satisfaction – Piece
(NEW) When the judgment for less than __________ DOLLARS is fully satisfied, if the person required to file a satisfaction piece fails to do so within ____________ , then they will liable to the judgment debtor for a penalty in the amount of __________.
FIVE THOUSAND ($5,000) …… TWENTY (20) DAYS……..$100.00
5020- Satisfaction – Piece
When the judgment for _______________ DOLLARS OR MORE is fully satisfied, if the person required to file a satisfaction piece fails to do so within ____________ , then they will liable to the judgment debtor for a penalty in the amount of ____________.
FIVE THOUSAND ($5,000)……….. TWENTY(20)DAYS………..$500.00
5020- Satisfaction – Piece
If the judgment creditor is a city with a population greater than one million persons, the ____________ begins to run from the serving of a written demand therefore by __________ mail, return receipt requested.
TWENTY (20) DAYS …….. certified
5203- Priorities and Liens Upon Real Property
(Bard) A judgment awarding ownership of an interest in real property shall be filed with the county clerk within ________ , but will be deemed to have been entered on the day ______ the determination was made solely for the purpose of establishing priority against a judicial lien created upon the filing of a ________ petition.
thirty (30) days…before…. bankruptcy
j**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):
- All stoves and home heating equipment and necessary fuel for _________
120 DAYS
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):
- ______ sewing machine with its appurtenances
ONE
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):
- The family bible, family pictures, school books, any other books not exceeding __________
500 DOLLARS
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):
- Domestic animals with the necessary food for _______ up to a value of __________
120 DAYS….. 1000 DOLLARS…
Say goodbye to “Sparky” the pure breed, but keep the mutt
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):
- Necessary food for your family for ________
120 DAYS
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):
- All wearing apparel, household furniture, ______ mechanical, gas or electric refrigerator, ________ radio receiver, _______television set, New: _______computer and associated equipment. _______cellphone, crockery, tableware and cooking utensils that are necessary for the family and all prescribed health aids
ONE… ONE… ONE… ONE… ONE…
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):
- a watch, jewelry (besides wedding ring) and art, not exceeding _________
1000 DOLLARS
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):
- The necessary working tools for a mechanic or farm or team up to __________in value together with the necessary food for the team for ________ (as long as they are necessary to the carrying on of the judgment debtor’ profession or calling
3000 DOLLARS ….. 120 DAYS
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):
- ONE motor vehicle up to ________ above liens and loans unless the vehicle is used by a disabled judgment debtor, then ___________ above liens and loans (Ex:Van with wheelchair access). Interestingly, this exception of one vehicle being exempt does not apply if the debt enforced is for child support, spousal support, maintenance, alimony or equitable distribution or if the state of New York or any of its agencies is the judgment creditor
$4000 DOLLARS …….. $10,000 DOLLARS
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):
- If no homestead exemption is claimed (CPLR5206),then ___________ in personal property, bank account or cash
$1000 DOLLARS
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
(Bard) A cause of action to recover damages for taking or injuring exempt personal property is exempt from satisfaction of a money judgment, and the proceeds of the judgment are also exempt for ______
one year.
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following income is exempt from collection:
______ of the income from an exempt trust (The court may increase this to ______ )
90.00%…. 100%
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following income is exempt from collection:
______ of the earnings of the debtor within ______ prior or anytime after an income execution is delivered to the sheriff
90.00%…. 60 days
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following income is exempt from collection:
_______ of any money or debt due for the sale of milk produced on a farm by the debtor (MY BABY’S MILK MONEY!)
90.00%
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
Money in the NYS college tuition savings trust is exempt as follows:
- _______ in an account in connection with a scholarship program
- ______of the money of an account owned by the debtor who is a minor and sole beneficiary
- Up to _________________ in a tuition savings account owned by any other judgment debtor
100.00%… 100%…… 10,000 Dollars
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following income is exempt from collection:
If a convicted person obtains funds awarded by judgment, the first ___________ of such funds shall not be subject to execution for the satisfaction of a money judgment
TEN PERCENT (10%)
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following income is exempt from collection:
Any statutorily exempt payments directly or electronically deposited into a judgment debtors account during the __________ period prior to a restraining notice sent to the bank, then ________ is exempt from the satisfaction of a money judgment
45 DAY…. 2500.00 dollars
**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
Be mindful that dollar amounts of the exemptions can be adjusted at _______ intervals by the Superintendent of Financial services based on the CPI-Urban Consumers, if done this happens on _________
3 year…. April 1st
5206- Real Property Exempt from Application to the Satisfaction of Money Judgments
The following types of property are exempt if they are used as the principal residence of the judgment debtor and not exceeding the dollar values below:
- A lot of land with a dwelling thereon (typical home)
- Shares of stock in a cooperative apartment
- Units of a condominium apartment
- A mobile home
- __________ dollars in value in Nassau, Suffolk, Five Boroughs, Westchester, Rockland and Putnam
- __________ dollars in Dutchess, Albany, Columbia, Orange, Saratoga and Ulster
- _________ dollars in all other counties of the state
150,000…….. 125,000 …. 75,000
5206- Real Property Exempt from Application to the Satisfaction of Money Judgments
(Bard) The homestead exemption ceases if the property ceases to be occupied as a residence by a person for whose benefit it may so continue, except for a period of up to __________ due to injury or destruction of the dwelling house.
one year
5206- Real Property Exempt from Application to the Satisfaction of Money Judgments
Sale of homestead
Money, not exceeding the values above, paid to a judgment debtor, as representing his interest in the proceeds, is exempt for __________ after the payment, unless, before the expiration of that one year period, the person acquires ANOTHER homestead. The exemption on the proceeds of the original homestead ceases for the amount of money that was not used to buy the NEW homestead. The exemptions that were applied to the original homestead will now be applied to the NEW homestead. Got it? Good.
one year
(I really don’t understand the following clause) unless, before the expiration of the year, he acquires an exempt homestead, in which case, the exemption ceases with respect to so much of the money as was not expended for the purchase of that property; and the exemption of the property so acquired extends to every debt against which the property sold was exempt.
5206- Real Property Exempt from Application to the Satisfaction of Money Judgments
Sale of homestead
Land set aside for a family or private burying ground is exempt as long as it is actually used for that purpose and is not greater than____________ and has no structures built on it other than those to house the dead
one-fourth of an acre (.25)
5208- Enforcement After Death of Judgment Debtor
The surrogate’s court must approve the execution of any money judgments levied upon a judgment debtor who has died within _____________ after the death
Deeper: (A money judgment shall not be levied or enforced against a judgment debtor that has died without leave of the surrogate’s court which granted letters testamentary or letters of administration upon the estate.
If such letters have not been granted within ___________ after the death, leave to execute or enforce a judgment may be granted by any court which could execute or enforce such judgment)
EIGHTEEN (18) MONTHS……. EIGHTEEN (18) MONTHS`
5208- Enforcement After Death of Judgment Debtor
A judgment lien existing against real property at the time of the judgment debtor’s death shall expire _______ thereafter or ________ after filing the judgment roll whichever is later
TWO (2) YEARS……. TEN(10)YEARS
5211- Privilege on Examination; Immunity
- The court may confer ______ upon any witness for testimony or evidence in an enforcement proceeding for the disposition of property where the judgment debtor has an interest.
- No immunity shall be conferred without __________ written notice to the district attorney
Immunity……… TWENTY FOUR (24) HOURS
5222- Restraining Notice+
- Leave of court is required to serve more than _____ restraining notice upon the same person with respect to the same judgment or order.
- A judgment creditor shall not serve more than ______ restraining notices per year upon a natural person’s bank account.
- If the applicable interest rate changes pursuant to CPLR 5004 while a restraint is in effect (9% lowered to 2% for consumer debt transactions), the judgment creditor shall issue an _________________without leave of court.
One ……… TWO (2) ……… amended restraining notice
5222- Restraining Notice+
A notice to the judgment debtor should be mailed within __________ prior to the service of the restraining notice, but if it is not, it must be mailed by _________ mail or personally delivered __________ of the service of the restraining notice.
a year …..first class……… FOUR (4) DAYS
5222- Restraining Notice+
- (Bard) A restraining notice issued pursuant to this section will not apply to an amount equal to or less than the greater of ____________ times the federal minimum hourly wage or two hundred forty times the state minimum hourly wage as in effect at the time the earnings are payable, except for any amount that a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents.
- Where a judgment debtor’s account contains an amount equal to or less than _______ percent of the greater of the above amounts the account shall not be restrained and the restraining notice shall be deemed void, except as to those funds that a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents.
- Nothing in this subdivision shall alter the exempt status of funds which are exempt from execution under CPLR 5005.
two hundred forty………. ninety
5222a- Services of Notices and Forms+
- Within _________ after receipt of a restraining notice or execution, the banking institution shall serve upon the judgment debtor the copy of the restraining notice
- The judgment debtor should serve upon the bank an exemption claim to release the funds. The bank shall release the funds within ___________.
- If no claim of exemption is received by the banking institution within _____________, the funds remain subject to the restraining notice
TWO (2) BUSINESS DAYS……… EIGHT(8)DAYS……….. TWENTY-FIVE (25) DAYS
5222a- Services of Notices and Forms+
- Once a bank receives a written objection, they will retain the funds claimed to be exempt for__________, then they shall release the funds unless ordered otherwise.
- A hearing to decide the motion shall be noticed for seven days after service of the motion, with a decision by the court to be rendered within _________. The burden of proof is upon the judgment creditor to prove the funds are not exempt.
- The judgment creditor or its attorney must serve the order on the banking institution and the judgment debtor no later than _____________ after the court issues the order.
twenty-one days………. five days……. two business days
5222a- Services of Notices and Forms+
If a judgment creditor objected to an exemption claim in bad faith, the judgment debtor shall be awarded costs and damages not to exceed __________ DOLLARS
1000.00 DOLLARS
5222a- Services of Notices and Forms+
The provisions of this section do not apply when the state of New York, or any of its agencies or municipal corporations is the judgment creditor, or if the debt enforced is for child support, spousal support, maintenance or alimony, provided that the restraining notice contains a legend at the top thereof, above the caption, in _________________ bold type with the following language: “The judgment creditor is the state of New York, or any of its agencies or municipal corporations, AND/OR the debt enforced is for child support, spousal support, maintenance or alimony.”.
sixteen point
5224- Subpoena; Procedure+
Such written answers to each question asked in an information subpoena are to be returned along with the original questions within __________
SEVEN (7) DAYS
5224- Subpoena; Procedure+
A deposition on oral or written questions or an examination of books and papers may proceed on not less than ___________ notice to the person subpoenaed
TEN(10) DAYS
5224- Subpoena; Procedure+
A judgment debtor cannot be compelled to appear for a deposition or to produce books and papers within ____________ of a previous examination with respect to the same judgment without leave of court.
one (1) year
5228- Receivers
***A receiver is entitled to necessary expenses or commission not to exceed ___________ of the sums received.
5%
Hint: envision the V in “receiver as the roman numeral for FIVE for 5%
5230- Executions+
An execution shall be returned to the clerk of the court from which it is issued or to the support collection unit within ___________ after its issuance
SIXTY (60) DAYS
5230- Executions+
NEW: If the applicable interest rate changes FROM 9% TO 2% FOR CONSUMER DEBT while an execution is ongoing, the judgment creditor shall issue an amended execution within _________ of the effective date of the chapter of the laws of two thousand twenty-one which amended this subdivision, effective as of the date of the rate change.
sixty (60) days
5231 Income execution +
Keep in mind the amount of income that can be taken from a person is limited to _______, as __________ of their income is exempt as we previously studied.
10%…. 90%
5231 Income execution +
There are some additional guidelines such as the fact that no money can be taken from your income if your weekly earnings do not exceed _____________ the hourly minimum wage and no amount shall be imposed in judgments arising from a medical debt action brought by a licensed hospital
30 times
5231 Income execution +
- Within __________ after an income execution is delivered to the sheriff, the sheriff shall serve a copy of it upon the judgment debtor in the same manner as a Summons or by certified mail return receipt requested with an additional copy sent via regular______________
- If an amended execution is issued because of the consumer debt interest change, the sheriff must serve a copy of the income execution within ____________ of receiving it.
TWENTY(20)DAYS ……. 1st class mail…….. forty-five 45 days
5231 Income execution +
- If the judgment debtor fails to make the required installment payments for a period of _________or if the sheriff is unable to serve the execution upon the debtor, then the sheriff will make secondary service upon the source of the judgment debtor’s income, usually their employer. Such employer is to withhold the required funds from the debtor (employee), and pay them over to the sheriff
- (Bard) A person who is served with an income execution must withhold money from the judgment debtor’s paycheck and pay it to the sheriff. If the person fails to do this, the judgment creditor can sue them for the unpaid installments. If the judgment debtor’s employment is terminated after the execution is served, the levy will be ineffective and the execution will be returned, unless the debtor is reinstated or re-employed within _________
TWENTY (20) DAYS …….90 days.
5231 Income execution +
The levy of an income execution served upon a municipal or public benefit corporation, or board of education, shall be effective _________ after such service.
fifteen (15) days
5231 Income execution +
If two or more income executions are issued against the same judgment debtor, the money will be distributed to the creditors in the order in which the executions were delivered____________
- If an amended execution is issued due to the consumer debt interest change, it will retain the priority of the ___________
- (Bard) An income execution that is returned unsatisfied because the debtor cannot be found can be delivered to the sheriff of any county in which the person or entity from whom the judgment debtor is receiving or will receive money has an office or place of business.
- The priority of an income execution delivered to a sheriff within ___________ after its return by each previous sheriff shall be determined by the time of delivery to the first sheriff.
to the officer enforcing them.
…………. original execution…….. twenty days
5231 Income execution +
- It shall be the duty of the sheriff from time to time and at least once every ____________ to account for and pay over monies collected pursuant to an execution served upon him
- Provided, however, that if a judgment creditor issues an amended execution because the applicable interest rate changes for consumer debt, any money collected in excess of the judgment amount shall be promptly returned to ______________
NINETY(90) DAYS……. the debtor.
5233- Sale of Personal Property
A printed notice of the time and date of the sale of such property shall be posted at least ___________ before the sale in ____________ public places. In the city of New York in lieu of posting, the notice may be advertised in the auction section of the morning newspaper with a circulation of at least ______________. __________________
SIX (6) DAYS………THREE (3)…………. 300,000…………Try to remember it like this: 6-3-300,000
5234- Distribution of Proceeds of Personal Property+
No distributions of proceeds shall be made until _____________ after service of the execution
FIFTEEN (15) DAYS
5234- Distribution of Proceeds of Personal Property+
If delivery, transfer, or payment to the judgment creditor is not completed within _________ after an order is filed, the judgment creditor who secured the order loses priority, unless otherwise specified in the order or in an extension order filed within ____________
60 days……….. 60 days.
5235- Levy Upon Real Property+
- After expiration of ___________ after filing of the judgment roll, the sheriff shall levy upon any interest of the judgment debtor in real property by filing with the clerk of the county in which the property is located a notice of levy describing the judgment, the execution and the property.
- The clerk shall record and index the notice against the name of the judgment debtor, or against the property, in the same books, and in the same manner as a notice of the pendency of an action.
TEN (10)YEARS
**5236- Sale of Real Property
Between the ______________ and _______________ day (_________________) after the first publication of the notice of sale, the judgment debtor’s real property will be sold at a public auction
FIFTY-SIXTH ……….. SIXTY-THIRD……..(8th to 9th week)
**5236- Sale of Real Property
A notice of the time and place of the sale containing a description of the property to be sold must be posted at least _____________ before the sale in ______________ public places
FIFTY-SIX (56)DAYS……. THREE (3)
**5236- Sale of Real Property
A list containing the name and address of the judgment debtor and every judgment creditor whose judgment was a lien on the real property shall be furnished upon the sheriff by the judgment creditor ______________ prior to the date fixed for sale and then the sheriff will serve upon all the other creditors on the list ______________ prior to the date fixed for sale
45 DAYS………. 30 DAYS
**5236- Sale of Real Property
- A copy of the notice shall be published at least once in each of _____________ periods of _______________ successive days, the first of which may be measured from any day between the ___________ and __________ days preceding the time fixed for the sale
FOUR ………… FOURTEEN……… 56th and 63rd
**5236- Sale of Real Property
Within ____________ after the sale the sheriff shall execute and deliver to the purchaser, proofs of publications, service and posting of the notice of sale, and a deed which shall convey the right, title and interest sold. Such proofs may be filed and recorded in the office of the clerk of the county where the property is located.
TEN(10)DAYS
5241- Income Execution for Support Enforcement
An employer served with an income execution shall commence deductions from income upon the debtor no later than the first pay period that occurs ___________ after service of the execution and shall remit payments to the creditor within _______________ of the debtor being paid
FOURTEEN (14) days….. SEVEN (7) business days
5241- Income Execution for Support Enforcement
A debtor can assert a “mistake of fact” (an error in the amount of support) within ________________ from the issuance of the execution by the Support collection unit. The agency then has ______________ to notify the debtor of its determination
FIFTEEN(15)DAYS………. FORTY-FIVE(45)DAYS
5241- Income Execution for Support Enforcement
The non-compliance of an employer to make the required deductions as required by an income execution, can result in a civil penalty of ____________ dollars for the first instance, and ____________ per instance for second or subsequent instances
500.00 ………. 1000.00 dollars
**5242- Income Deduction Order for Support Enforcement
If the debtor’s employment is terminated by resignation or dismissal at any time after service of the income deduction order, the order shall cease to have force and effect unless the debtor is reinstated or re-employed within ________ after such termination.
(90) days
**5242- Income Deduction Order for Support Enforcement
***Where the debtor is currently supporting a spouse or dependent child, other than the creditor’s dependent child, the amount withheld shall not exceed _________ of the disposable earnings except if there are arrears that have accumulated more than ______________, then it shall not exceed ___________ of the disposable earnings
50.00%……….. 12 weeks…… 55%
**5242- Income Deduction Order for Support Enforcement
***Where the debtor is not currently supporting a spouse or dependent child, other than the creditor’s dependent child, the amount withheld shall not exceed _______ of the disposable earnings except if there are arrears that have accumulated more than ___________, then it shall not exceed ________ of the disposable earnings
60%……… 12 weeks….. 65%
5252- Discrimination against Employees
- If the court finds there is any discrimination against an employee based upon wage assignment or income execution filed with the employer, it can result in a civil penalty of ______ dollars for the first instance, and _____________ dollars per instance for second or subsequent instances
- The penalty shall be paid to the ___________
500……… 1000.00 ………. creditor
5252- Discrimination against Employees
- An employee or prospective employee can bring a civil action against an employer who is in violation of this section within __________ of the violation for an amount not to exceed lost wages for ___________ , the court also may order the reinstatement of such discharged employee or the hiring of such prospective employee
- Except for an income execution due to _______________ enforcement, not more than __________ per centum of the damages recovered in such action shall be subject to any claims, attachments or executions by any creditors, judgment creditors or assignees of such employee or prospective employee.
NINETY (90) DAYS…….. SIX WEEKS…… child support…… ten (10%)
5252- Discrimination against Employees
- Beginning April 1st 2012 (no fooling) and at each __________ interval ending on April 1st thereafter, the dollar amount of the exemptions as provided here in Article 52 shall be adjusted.
- This is done by the superintendent of financial services based on the Consumer price index for urban consumers for the most recent 3-year period ending on the ___________________ preceding the adjustment
- Adjustments will be rounded to the nearest ____________
- Such amounts will be published together with the date of the next scheduled adjustment
THREE (3) YEAR….. December 31st…… $25.00
- Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be filed within ___________ of the date of authentication in the office of any county clerk of the state.
ninety (90) days
- Notice of filing.
Within _________ after filing of the judgment and the affidavit, the judgment creditor shall mail notice of filing of the foreign judgment to the judgment debtor at his last known address.
thirty (30) days
- Notice of filing.
The proceeds of an execution shall not be distributed to the judgment creditor earlier than _________ after filing of proof of service.
thirty (30) days
- Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be filed within ___________ of the date of authentication in the office of any county clerk of the state.
ninety (90) days
- Notice of filing.
Within _________ after filing of the judgment and the affidavit, the judgment creditor shall mail notice of filing of the foreign judgment to the judgment debtor at his last known address.
thirty (30) days
- Notice of filing.
The proceeds of an execution shall not be distributed to the judgment creditor earlier than _________ after filing of proof of service.
thirty (30) days
*****5513- Time to Take Appeal, Cross Appeal, etc.+
***An appeal as of right must be taken within __________ after service by a party upon the appellant a copy of the judgment or order appealed from and written notice of _____________
THIRTY(30)DAYS ……… its entry
*****5513- Time to Take Appeal, Cross Appeal, etc.+
If a party is served with a notice of appeal or motion for permission to appeal within the ___________ and they themselves wish to appeal, they must file such cross appeal within ____________thereafter or within the original _____________ whichever is longer
30 days ………. TEN (10) DAYS ………. 30 days
*****5513- Time to Take Appeal, Cross Appeal, etc.+
The standard of an additional _____________ for service by mail applies here as well
FIVE (5) DAYS
5514- Extension of Time to Take an Appeal or Move for Permission to Appeal
This may be granted under the following situations:
**2. Disability of an attorney – If the attorney for an aggrieved party becomes dead or is removed or suspended, or is physical or mentally incapacitated before the expiration of the time for taking an appeal, such appeal may be taken within ______________ of the date of such incapacity.
Compare this to CPLR 321 where it is only a 30 day extension
SIXTY (60) DAYS
5514- Extension of Time to Take an Appeal or Move for Permission to Appeal
This may be granted under the following situations:
- Substitution of a party- If the time for taking an appeal has not expired when there is substitution of a party, the period is extended to all parties for a period of _____________ . See CPLR 1022
FIFTEEN (15) DAYS
5516- Motion for Permission to Appeal
A motion for permission to appeal shall be noticed to be heard at a motion day at least ___________ and not more than _____________ after the notice of motion is served.
- Take note: this differs from the normal 8 days - 16 days
EIGHT (8) DAYS …….. FIFTEEN (15) DAYS
5519- Stay of Enforcement+
Regardless if the judgment or order appealed from is affirmed or modified the stay shall continue for __________ beyond that
FIVE(5) DAYS
5519- Stay of Enforcement+
In an action for medical,dental or podiatric malpractice in which an appeal is taken from a judgment in excess of ___________ and an undertaking for that amount is given or the amount of the defendant’s malpractice insurance policy, whichever is greater, the appellate court shall stay the enforcement proceedings as long as there is a reasonable probability that the judgment may be reversed or determined excessive
- The appellant and the insurer must also make a joint undertaking that they will not make any voidable transactions during the appeal
ONE MILLION DOLLARS
5525- Preparation and Settlement of Transcript; Statement in Lieu of Transcript+
As soon as possible after receiving such notice, the stenographer shall serve upon the appellant the ribbon copy and a carbon copy of the type written transcript or _________ copies of the transcript if it is reproduced by any other means
TWO (2)
5525- Preparation and Settlement of Transcript; Statement in Lieu of Transcript+
Within ___________ of receiving the transcript from the reporter the appellant shall make any amendments and serve the transcript on the respondent. Within _____________ after receiving the transcript, the respondent shall make their amendments and serve them upon the appellant
FIFTEEN(15) DAYS……… FIFTEEN (15) DAYS
5525- Preparation and Settlement of Transcript; Statement in Lieu of Transcript+
If no agreement to the transcript occurs it will go before the judge to settle upon at least __________ notice to the opposing side of such settlement
FOUR (4) DAYS
5525- Preparation and Settlement of Transcript; Statement in Lieu of Transcript+
Statement in lieu of stenographic transcript:
- Where no stenographic record of the proceeding is made, the appellant within _____________ after taking his appeal shall prepare and serve upon the respondent a statement of the proceedings from his best available sources or recollection for use instead of a transcript.
- Within ____________ of such service upon respondent of the statement, the respondent shall serve on the appellant any objections or amendments. Such statement will also go before a judge for settlement
TEN (10) DAYS ….. TEN (10) DAYS
Hint: It can get confusing with timeframes of 20 days, 15 days, and 10 days being thrown around. Think of it like this, if there is no transcript, you’re going to go off of memory, so you want that statement written as soon as possible before your memory goes all swiss cheese. So, the shortest amount of time: 10 days.
5526- Content and Form of Record on Appeal+
The record on appeal from a final judgment shall consist of:
1.The notice of ____________
2.The ___________
3. The corrected ____________ or _________________ of transcript
4. Any relevant _________ or copies
5. Any ____________
6. Any ______________ in the case
- All documents submitted shall be ________ with the pages numbered
Appeal……….judgment roll…… transcript……… statement in lieu…….reviewable order…… opinions……. 8 1/2 by 11
5527- Statement in Lieu of Record on Appeal
- The parties may prepare and sign a statement showing agreement of certain issues of fact allowing the appeal to be determined without having to examine all the pleadings and proceedings.
- Within _________ after the appellant has taken his appeal, the statement shall be presented to the court for approval as the record on appeal
TWENTY(20)DAYS
5528- Content of Briefs and Appendices
The brief of an appellant shall contain:
- A table of _________
- A concise statement of less than ____________ pages of the questions involved
- A concise statement of the __________ of the case and facts involved
- The ___________ of the appellant
- An appendix containing only _____________ of the record on appeal
Contents…. TWO …. nature…… argument…….. necessary parts
5529- Form of Briefs and Appendices
- Briefs and appendices shall be legible on__________ paper with black ink on white paper.
- Pages shall be numbered consecutively.
- Pages of appendices attached shall be numbered consecutively with each page number preceded by the letter “___”
- The answer to a question in the appendix shall not begin __________
8 1/2 by 11 …… a new paragraph
5530- Filing Record and Briefs; Service of Briefs
Within ____________ after the settlement of the transcript or statement in lieu of transcript, the appellant shall file with the clerk of the court where the appeal is taken, the record on appeal and the required number of copies of his brief, and then serve upon the adverse party ____________ of his brief. The respondent then replies by filing and serving a like number of copies of his brief within ______________
A reply brief may then be filed by the appellant within _________
TWENTY(20) DAYS……. THREE(3)COPIES ………….TWENTY(20) DAYS ………TEN(10)DAYS
5530- Filing Record and Briefs; Service of Briefs
- (Bard) If both parties appeal from the same judgment or order, the plaintiff or appellant in the court from which the appeal is taken will file and serve their brief first. The responding brief must be filed and served within __________ after service of the first brief and must include the points and arguments on the cross-appeal.
- After the responding brief is filed, a reply brief may be filed within _________ , and a reply brief to the cross-appeal may be filed within ___________ after the service of the reply to the first brief.
15 days…….. 15 days…….. 10 days
- Order of attachment without notice.
Confirmation of order
Except where the defendant is a non domiciliary residing without the state, or is a foreign corporation not qualified to do business in the state, if an order of attachment is granted without notice, the plaintiff must file a motion on notice to the defendant and garnishee (if any) to confirm the order within __________ of the levy.
FIVE (5) days
- Order of attachment without notice.
Confirmation of order
If an order of attachment without notice is granted against a non domiciliary residing without the state or a foreign corporation not qualified to do business in the state, the garnishee must serve a statement of debts of the garnishee to the defendant on the sheriff within ___________ and serve a copy on the plaintiff. The plaintiff then must file a motion to confirm the attachment within ___________
FIVE (5) days……. TEN (10) days.
- Order of attachment without notice.
Confirmation of order
If the plaintiff upon such motion shows that the statement of debts of the garnishee has not been served and that they will be unable to prevail against a motion to vacate or modify an order of attachment until the statement has been served, the court may grant _________ extension of the time to file a motion to confirm for a period not to exceed ___________
One (1) ……….TEN (10) days.
- Motion papers; undertaking; filing; demand; damages.
Undertaking.
- The plaintiff must post an undertaking of no more than __________ with the court when they file a motion for an order of attachment. The undertaking is a promise to pay the defendant for any costs or damages they incur if it is determined they are not entitled to an ____________ of the defendant’s property.
- The plaintiff is responsible for paying the sheriff for any allowable fees, but the plaintiff’s attorney is not liable for those fees.
- The surety on the undertaking shall not be discharged except upon notice to _____________
$500.00…attachment …..the sheriff.
- Motion papers; undertaking; filing; demand; damages.
Filing.
- Within ____________ after the granting of an order of attachment, the plaintiff must file it and the _____________ and other papers upon which it was based and the summons and complaint in the action. Unless the time has been extended, the order will be deemed invalid if not so filed.
- A person who is served with the order is _____________ for acting on it as if it were valid if they did not know that it was invalid.
ten days………. affidavit ……….. not liable
- Motion papers; undertaking; filing; demand; damages.
Demand for papers.
- At any time after property has been levied upon, the defendant may serve upon the plaintiff a written demand that within __________ of service, they be served with the papers upon which the order of attachment was granted and the levy made at the address specified in the demand.
- This demand (IS/IS NOT) considered an appearance.
ONE (1) day ……… IS NOT
- Service of summons.
- If attachment order granted before the defendant is served, it is valid only if a summons is served on the defendant within ____________ or if first publication of the summons pursuant to an order is made and completed within ________
- A person who is served with an attachment order is not liable for acting on it as if it were valid if they did not know that it was invalid.
sixty 60 days……… sixty 60 days.
- Service of summons.
If the defendant dies within _________ after the order is granted but before service, the attachment order is only valid if the summons is served on the defendant’s executor or administrator within ____________ after letters are issued.
sixty (60) days………… sixty (60) days
- Service of summons.
The court may grant a ___________ extension for service as long as the application is made before the expiration of the initial ___________ period for service
sixty (60) day …….. sixty (60) day
- Levy upon personal property by service of order.
Effect of levy; prohibition of transfer.
The garnishee is forbidden to sell, assign, transfer, interfere, or otherwise dispose of any property belonging to the defendant, or pay over or otherwise dispose of any such debt owed to the defendant, to anyone other than the sheriff, until:
- __________ after the attachment order is served, or
- further order of __________ or
- upon direction of __________
90 days……the court………. the sheriff
- Levy upon personal property by service of order.
Failure to proceed.
The attachment order will become void after ___________ after service unless the plaintiff files a motion to extend the time limit, or void except as to property or debts the sheriff has taken actual possession of, or a proceeding to compel compliance has been initiated
ninety (90) days
`Sheriff’s duties after levy.
Inventory.
- The sheriff must file a list of all property seized within _____________ of the attachment order being served, or immediately after the order is vacated or annulled.
- The list must include a description of real property levied upon, the names and addresses of all persons served with the order, and an estimate of the value of all property.
fifteen (15) days
- Garnishee’s statement.
- Within ______________ of being served with an attachment order, the garnishee must serve the sheriff with a statement of all debts owed to the defendant, property in their possession that belongs to the defendant, and their amounts and values.
- If the garnishee has ________ belonging to or owed to the defendant in at least the amount of the attachment, they may limit their statement to that fact.
ten (10) days……. money
6330- Obscene Prints and Articles
The person, firm or corporation sought to be enjoined for such sale or distribution shall be entitled to a trial of the issues within _________ after joinder of issue and a decision shall be rendered by the court within ____________ of the conclusion of trial.
ONE (1) DAY……….. TWO (2) DAYS
6330- Obscene Prints and Articles
If a final order of injunction is granted in favor of the authorities, it shall contain a provision that such obscene material be surrendered to or seized by such authorities to be destroyed.
The court’s decision can:
- __________ the relief sought
- __________the relief sought
- Or enjoin the sale, display, distribution, etc. to persons under the age of _______________
Grant ………. Deny ………. SEVENTEEN (17)
7003- When the Writ Shall be Issued
judge or court who refuses to issue a writ in violation of this article forfeits to the person detained ______________
ONE THOUSAND DOLLARS
7008- Return
The “RETURN” shall consist of an affidavit to be served in the same manner as an ___________in a special proceeding and filed at the time and place directed in the writ, or if the writ is returnable forthwith, within ____________ after its service
answer ………. TWENTY FOUR (24) hours
7009- Hearing
Where the detention is by virtue of a mandate, the court shall not adjudicate the issues until written notice of the time and place of a hearing is served either personally__________ prior to the hearing or as the court directs, upon:
- Where the mandate was issued in a________________ , upon the person interested in continuing the detention, or upon his attorney
- When the person detained is by order of the _______________, service shall be upon the judge who made the order. In all such proceedings the court shall be represented by the __________________.
- In any other case, upon the___________ of the county in which the person was detained when the writ was served and upon the district attorney of the county from which he was ______________
EIGHT (8) DAYS… civil cause….. family court……….. attorney general……. district attorney……. committed.
- Applications to the court; venue; statutes of limitation; provisional remedies.
Applications to the court; venue.
If an application to confirm, vacate, or modify an arbitration award was denied or dismissed because it was made in the form of a motion captioned in an earlier special proceeding having reference to the arbitration instead of as a distinct special proceeding, the applicant can file a new application in the correct form within _______ of the effective date of this paragraph. The new application can be made in either form, as a motion or as a special proceeding.
90 days
- Applications to the court; venue; statutes of limitation; provisional remedies.
Provisional remedies.
- A court can grant provisional relief, including attachment,injunction and their related provisions, in an arbitration case if the applicant can show that the award may be rendered ineffectual without such relief.
- If an arbitration is not started within ________ of provisional relief being granted, the order granting relief will expire and be void. The respondent will also be awarded costs, including reasonable attorney’s fees. The ______________ period may be altered by the court.
THIRTY (30) DAYS ……… THIRTY (30) DAY
- Application to compel or stay arbitration; stay of action;notice of intention to arbitrate.
Application to compel arbitration; stay of action.
Notice of intention to arbitrate.
A party can send a demand for arbitration or a notice of intention to arbitrate to another party. The demand or notice must specify the agreement that the arbitration is based on, the name and address of the party sending the notice and a notice that an application to stay arbitration must be made by the party served within ___________ after service upon him of the notice or demand, or he shall be precluded from doing so.
TWENTY (20) DAYS
- Hearing.
Time and place.
- The arbitrator shall appoint a time and place for the hearing and notify the parties in writing personally or by registered or certified mail at least __________ before the hearing.
- The arbitrator can adjourn or postpone the hearing, but the court can order the arbitrator to proceed ____________ on application by a party.
eight (8) days…. promptly
- Award by confession.
Time of award.
The award may be made at any time within ___________ after the statement is verified.
three (3) months
- Modification of award by ARBITRATOR
- Within_______________ of delivery of an award, a party may apply for its modification. The arbitrators may modify the award upon certain grounds.
- Written notice of the application shall be given to _____________ to the arbitration.
twenty (20) days … other parties
- Modification of award by ARBITRATOR
- Written objection to modification by arbitrator must be served on the arbitrators and other parties within _______________ of receipt of the notice.
ten (10) days
- Modification of award by ARBITRATOR
- The arbitrators must issue a written decision on any application for arbitrator to modify the award within_________ of receiving any objections to the modification or the deadline for submitting objections, whichever is earlier, but the parties may extend this ________________ period in writing either before or after its expiration.
30 days………. thirty (30) day
- Confirmation of award.
The court shall confirm an award upon application of a party made within ________ after its delivery to him, unless the award is vacated or modified
one year
- Vacating or modifying award (by the Court).
When application made.
Within _________ after delivery of an award, a party may apply to the COURT vacate or modify it.
ninety (90) days
7804- Procedure
Time for service of notice of petition and answer is as follows:
- The notice of petition and petition shall be served at least ______________ before the time at which the petition is noticed to be heard
- The answer and supporting affidavits if any shall be served at least ______________ before such time
- A reply if any shall be served at least ______________ before such time
TWENTY (20) days…………. FIVE (5) days……….. ONE (1) day
So remember this special rule: 78: 20-5-1
7804- Procedure
(Bard)The respondent can raise a legal objection in their answer or by a motion to dismiss. If the motion is denied, the respondent can file an answer within ______ . The petitioner can re-notice the matter for hearing upon ____________ notice, or the respondent can re-notice the matter for hearing upon ___________ notice.
5 days…. 2 days’ …. 7 days’
7804- Procedure
A review of CPLR 217 reminds us the statute of limitation for a proceeding against a body or officer is only ___________ (THAT’S NOT EVEN A HOCKEY SEASON!)
FOUR (4) MONTHS
