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2023 Miscellaneous notes > Untitled spreadsheet - Sheet1 (41) > Flashcards

Untitled spreadsheet - Sheet1 (41) Flashcards

1
Q

Applications to the court; venue; statutes of limitation; provisional remedies.
Provisional remedies.

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.

A

THIRTY (30) DAYS ……… THIRTY (30) DAY

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2
Q

75 10Confirmation 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

A

one year

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3
Q

7509
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.

A

30 days………. thirty (30) day

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4
Q

7509 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.

A

twenty (20) days … other parties

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5
Q

7509 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.

A

ten (10) days

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6
Q

7511 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.

A

ninety (90) days

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7
Q

7508 Award by confession.
Time of award.
The award may be made at any time within ___________ after the statement is verified.

A

three (3) months

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8
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Commitment Order or Recommitment Order - an order committing the defendant to the custody of the commissioner for confinement in a secure facility for a period of _______________ from the date of the order.

A

SIX (6) MONTHS
Clue: Commit is Six letters…Six months

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9
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Release Order - Terminating the defendant’s ___________________ without terminating the commissioner’s responsibility for the defendant. (Do not confuse with Discharge Order, what is a Discharge Order you ask, read on)

A

inpatient status

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10
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
First Retention Order - First order for the continued commitment after expiration of the commitment order authorizing continued commitment for not more than ____________________

A

ONE(1) YEAR. Clue: First(1)

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11
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Second Retention Order - An order which is effective at the expiration of the first retention order authorizing continued custody for a period not to exceed____________________

A

TWO(2) YEARS Clue: Second(2)

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12
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Transfer Order- Order directing the commissioner to transfer a defendant from a ____________ to a _____________ under the jurisdiction of the commissioner or any non-secure facility designated by the commissioner

A

secure facility……… non-secure facility

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13
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Discharge Order - An order terminating an order of __________ or unconditionally ______________ the defendant from Supervision.

A

Conditions……… discharging
Clue: Discharge is like dismiss. Dis-Dis

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14
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Order of Conditions -
An order directing a defendant to comply with a prescribed treatment plan or any condition which the court determines reasonable and necessary, and where defendant is in custody of the commissioner, not to leave the facility without authorization.

In addition to such conditions, the order may be accompanied by a special order of conditions requiring the defendant to “Stay away from the home, school, place of business of the victim or witness” or “Refrain from harassing, intimidating, threatening the victim or any of their family members”.

This order shall be valid for ___________ from the date of issuance, except for good cause shown, may be extended for an additional _________

A

FIVE (5) YEARS…….. (5) years

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15
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Examination Order:

Upon a plea or verdict of not responsible by mental disease or defect the court MUST immediately issue an examination order.
Upon receipt of the order the commissioner must designate ________ qualified psychiatric examiners to conduct the examination to examine the defendant.
The court (MUST/MAY) authorize a psychiatrist or psychologist retained by the defendant to be present at such examination
The clerk of the court MUST promptly forward a copy of examination order to the ________________, such service may thereafter participate in all further proceedings
In all subsequent proceedings, the court must consider if any orders of protection have been previously issued in this matter before issuing any special order of conditions

A

TWO(2) …. MAY……. Mental Hygiene Legal Service

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16
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order After the reports are submitted the court MUST within ____________ conduct an initial hearing to determine the defendant’s present mental condition.

A

TEN (10) DAYS

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17
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
If the court determines that the defendant has a dangerous mental disorder it (MUST/MAY) issue a commitment order

A

MUST

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18
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
If the court finds the defendant is not mentally III or does not have a dangerous mental disorder, then the defendant must be __________ either unconditionally or subject to an Order of Conditions

A

discharged

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19
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
Generally, at least __________ before the expiration of a commitment order, first retention order or second and subsequent retention orders, the commissioner must apply to the court for continuation or release order.
Written notice must be given to the DA, the defendant, counsel for the defendant, and MHLS. Any of the noticed parties may demand a hearing on the issue of whether the defendant has a dangerous mental disorder. Such demand must be within _____________ of their receipt of notice

A

THIRTY(30) DAYS…….. TEN(10) DAYS

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20
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
The commissioner can apply to the court for a Furlough order, which would allow the defendant to leave the facility for ____________ days.
__________ notice must be given and a hearing may be held to determine if a furlough order is consistent with public safety. If a defendant fails to return to the secure facility at the time specified, he shall be deemed to have escaped

A

fourteen (14)……….. TEN(10) DAYS

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21
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
The commissioner may apply for a Discharge order when the defendant has been continuously on an outpatient basis for ____________ or more on a release order.

____________ notice must be given and a hearing may be held

A

THREE (3) YEARS………….. Ten days

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22
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
Any defendant who is in custody pursuant to any of the above orders, if dissatisfied with such order, may within _______________ obtain a “rehearing and review” of the proceedings

A

THIRTY (30) DAYS

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23
Q

330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
No person confined in a secure facility may be discharged or released until the commissioner delivers written notice at least _______________ in advance of such release or discharge, excluding Sat, Sun and Holidays to the following
The District Attorney

The police department in the area of release

Any other person the court must designate

A

FOUR (4) DAYS

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24
Q

300.40 — Counts to be submitted

  • A verdict of guilty upon the greatest count submitted is deemed (___________ ) of every lesser count submitted, not ________________*
A

An DISMISSAL……. an acquittal

(DSAT on clerks calendar)

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25
Q

Article 500.10 recognizance, bail and commitment; definitions of terms.
“Bail” means:

_______ bail,

a _________ bond or

money paid with _________

A

Cash…….. bail…….. a credit card.

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26
Q

Forfeited bail is forfeited to:

A

The people of the state of NY

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27
Q

Obligor- A Person who executes ________ and assumes the ___________. It can be the __________ themselves or another

A

a Bail bond……… undertaking……… Principal

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28
Q

Article 500.10 recognizance, bail and commitment; definitions of terms.
Surety - An Obligor who is not the _________

A

Principal

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29
Q

Bail Bond - A written undertaking executed by one or more Obligors that failure of the Principal to comply with appearing and other court orders will result in them paying the People of the State of NY a ___________ as designated in the order fixing bail

A

specified sum of money

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30
Q

Appearance Bond - A bail bond in which the ___________ is the Principal

A

Only obligor

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31
Q

Surety Bond - Means a bail bond executed by one or more ________ or one or more ___________ and the Principal

A

Sureties……. Sureties

32
Q

Insurance Company Bail Bond - Means a ________ executed by an obligor who is a corporation licensed by superintendent of financial services to execute bail bonds

A

Surety bond

33
Q

Secured Bail bond - A bond secured by __________ EQUAL to or greater than the amount of the undertaking, or ____________ at least EQUAL TO _______ times the undertaking

Hint: You can lose your car but not your house

A

Personal Property …… Real property ….… (2X)

34
Q

Article 500.10 recognizance, bail and commitment; definitions of terms.
Unsecured Bail bond - A bail bond other than an ___________ bail bond _____________ by any deposit or lien upon property.
“How is this different than ROR?, no one knows”

A

insurance company…. , not secured

35
Q

Concise Restatement:
To be eligible for electronic monitoring under section 510.40, a person must be charged with:
Felony: Any felony offense.
Domestic Violence Misdemeanor: Any misdemeanor crime of domestic violence.
Certain Class A Misdemeanors: Any misdemeanor defined in article 130 of the Penal Law.
Misdemeanor with Prior Violent Felony: Any misdemeanor if the defendant was convicted of a violent felony within the past ___ years, excluding time spent incarcerated for any reason. The ______-year period is extended by the time served for such incarceration.

A

Five years

36
Q

510.10 Securing order; when required; alternatives available; standard to be applied.
*4.
Where the principal stands charged with a ___________ (below), the court may in its discretion
release the principal pending trial on the principal’s own recognizance or

under non-monetary conditions,

fix bail, or

order non-monetary conditions in conjunction with fixing bail, or,

where the defendant is charged with a qualifying offense which is a felony, the court may commit the principal to the custody of the sheriff.

A

qualifying offense

37
Q

Q
510.15 Commitment of principal under seventeen or eighteen.
1
A Principal under the age specified in this section who is charged solely with ____________ shall NOT be subject to detention.

A

a violation

38
Q

1.
Cash bail in the amount designated in the order fixing bail may be posted even though such bail was ______________ in such order.

A

not specified

39
Q

520.15 Bail and bail bonds; posting of cash bail.
1
Cash bail may be deposited with:
(a) the _____________ or, if in the city of New York, with the ___________________, or
(b) ________________ which issued such order, or
(c) __________________ in whose custody the principal has been committed.

A

county treasurer ….commissioner of finance… the court …… the sheriff

40
Q

520.10 Bail and bail bonds; fixing of bail and authorized forms thereof.
1) __________ bail
2) _____________ bail bond
3) __________ surety bond
4) ____________ appearance bond
5)_____________ secured bail bond
8) _____________ appearance bond
7) ___________ surety bond
8) ____________ appearance bond
9) _____________ or other similar device (may also be required to pay reasonable administrative fee)

A

Cash…… insurance company ……. Secured…….. Secured …. Partially…… Partially secured ….. Unsecured ….. Unsecured…….. Credit card

41
Q

520.10 Bail and bail bonds; fixing of bail and authorized forms thereof.
A court may designate the amount of bail without designating the form in which it may be posted. In such case, the bail may be posted in the form of:
1. an unsecured __________ , or
2. an unsecured _________

A

surety bond……. appearance bond

42
Q

Q
520.10 Bail and bail bonds; fixing of bail and authorized forms thereof.
(NEW) The court shall direct that the bail be posted in any __________ or more of the forms, designated in the alternative, and may designate different amounts varying with the forms, except that one of the forms shall be either an unsecured or partially secured ______ , as selected by the court.

A

one of three (1 of 3)…… surety bond

43
Q

530.20 Securing order by LOCAL CRIMINAL COURT when action is pending therein.
When a criminal action is pending in a local criminal court, such court, upon application of a defendant, shall proceed as follows:
1.
(a) In cases OTHER than those where the charges are qualifying offense(s), the court shall:
release the principal pending trial on ___________ or

release the principal pending trial under ____________

The court shall explain the basis for its determination and choice of securing order on the record or in writing.

A

530.20 Securing order by LOCAL CRIMINAL COURT when action is pending therein.
When a criminal action is pending in a local criminal court, such court, upon application of a defendant, shall proceed as follows:
1.
(a) In cases OTHER than those where the charges are qualifying offense(s), the court shall:
release the principal pending trial on ___________ or

release the principal pending trial under ____________

The court shall explain the basis for its determination and choice of securing order on the record or in writing.

44
Q

530.20 Securing order by LOCAL CRIMINAL COURT when action is pending therein.
1
(b) Where the principal stands charged with a qualifying offense, the court may in its discretion release the principal pending trial
on the principal’s own recognizance or

under non-monetary conditions, or

__________ or

order non-monetary conditions in conjunction with ___________, or,

where the defendant is charged with a qualifying offense which is a _________ , the court may commit the principal to the custody of the sheriff.

The court shall explain its choice of securing order on the record or in writing.

A

fix bail,…….. fixing bail……felony

45
Q

§ 530.30 Order of recognizance, release under non-monetary conditions or bail; by superior court judge when action is pending in LOCAL CRIMINAL COURT
When a criminal action is pending in a local criminal court, other than a Superior Court Judge sitting as LCC, a judge of a superior court holding a term in that county, upon application of a defendant, may order recognizance, release under non-monetary conditions or, where authorized, bail when such local criminal court:
(a) __________ to issue such an order; or
(b) Has _______ an application for recognizance, release under non-monetary conditions or bail; or
(c) Has fixed bail which is _________; or
(d) Has set a securing order of release under non-monetary conditions which are__________ than necessary

A

Lacks authority… denied…. excessive……. more restrictive

46
Q

§ 530.30 Order of recognizance, release under non-monetary conditions or bail; by superior court judge when action is pending in LOCAL CRIMINAL COURT
when the defendant is charged with a _______ in a local criminal court, a superior court judge may not order recognizance, release under non-monetary conditions or, where authorized, bail unless and until the __________ has had an opportunity to be heard in the matter and such judge and counsel for the defendant have been furnished with the defendant’s DCJS or Police criminal report, if there is one

A

Felony………. district attorney

47
Q

530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
When a criminal action is pending in a superior court, such court, upon application of a defendant, must or may order recognizance or bail as follows:
When the defendant is charged with an offense or offenses of less than_______ only, the court (MUST/MAY) order recognizance or release under non-monetary conditions

A

felony grade…. MUST

48
Q

530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)

When a criminal action is pending in a superior court, such court, upon application of a defendant, must or may order recognizance or bail as follows:

Know this

In cases OTHER THAN THOSE WHERE defendant is charged with ___________ , the court shall :
release the principal pending trial on the principal’s own recognizance or
release the principal pending trial under non-monetary conditions.
The court shall explain the basis for its determination and choice of securing order on the record or in writing.

A

qualifying offense

49
Q

530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
Where the principal stands charged with a qualifying offense, the court, unless otherwise prohibited by law, may in its discretion:

Know this
release the principal pending trial on the principal’s own recognizance or under non-monetary conditions,

fix bail, or order non-monetary conditions in conjunction with fixing bail, or,

where the defendant is charged with a qualifying offense which is a ________ , the court may commit the principal to the custody of the sheriff.

The court shall explain the basis for its determination and its choice of securing order on the record or in writing.

A

felony

50
Q

When the defendant is charged, with a felony by felony complaint, the LCC may

order recognizance,

release under non-monetary conditions, or,

where authorized, fix bail, or order non-monetary conditions in conjunction with fixing bail, or

commit the defendant to the custody of the sheriff except as otherwise provided in subdivision one of this section or this subdivision:

A

When the defendant is charged, with a felony by felony complaint, the LCC may

order recognizance,

release under non-monetary conditions, or,

where authorized, fix bail, or order non-monetary conditions in conjunction with fixing bail, or

commit the defendant to the custody of the sheriff except as otherwise provided in subdivision one of this section or this subdivision:

51
Q

(a) A city court, a town court or a village court may not order recognizance or bail when:
(i) the defendant is charged with a ______ felony, or

(ii) the defendant has _____ previous felony convictions

A

Class a , 2

52
Q

(b) No local criminal court may order recognizance, release under non-monetary conditions or bail with respect to a defendant charged with a felony unless and until:
(i) The _______ has been heard in the matter or has failed to appear at the proceeding or has otherwise waived his right to do so after notice; and

A

DA

53
Q

530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
A superior court may not order recognizance, release under non-monetary conditions or, where authorized, bail, or permit a defendant to remain at liberty pursuant to an existing order, after the defendant has been convicted of either:

(a) a class ________ or

(b) any class ____________ PL 130 Sex Offense committed or attempted to be committed by a person eighteen years of age or older against a person less than eighteen years of age.

In either case the court must ________ OR _________ the defendant to the custody of the sheriff.

A

A felony…….. B or class C felony…… commit or remand

54
Q

530.45 Order of recognizance or bail; AFTER CONVICTION AND BEFORE SENTENCE.
REMEMBER: AFTER CONVICTION AND BEFORE SENTENCE.
Where pending, who can loosen restrictions?
Supreme Court or county court

A

justice of the appellate division of the department in which the conviction was entered

55
Q

540.10 Forfeiture of bail, generally
A bail bond or cash bail, upon being forfeited, together with a certified copy of the order of the court must be filed by the DA in the office of ________________ where such order was issued within __________ of forfeiture.

A

the clerk of the county ……………… 120 days

56
Q

540.30 Remission of forfeiture.
Forfeiture of bail ordered by:
Superior court
Application for remission of forfeiture of bail may be made to:

A

Superior court

57
Q

540.30 Remission of forfeiture.
Forfeiture of bail ordered by:
LLC
Application for remission of forfeiture of bail may be made to:

A

Superior court in the county

58
Q

540.30 Remission of forfeiture.
Forfeiture of bail ordered by:
District court
Application for remission of forfeiture of bail may be made to:

A

Superior court in the county OR such district court

59
Q

720.10 Youthful offender procedure
An eligible youth is a youth who is eligible to be found a youthful offender
Every youth is an eligible youth unless:
The conviction to be replaced for a youthful offender finding is for:

Class A-I or A-II felony

Armed Felony

Rape 1

Criminal Sexual Act

Aggravated Sexual abuse

The Youth has been previously convicted and sentenced for a \_\_\_\_\_\_\_\_\_\_

The Youth has been previously adjudicated a YO following conviction of a Felony or has been adjudicated on or after September 1, 1978 a JD who committed a __________

A

Felony……. Designated Felony Act

60
Q

Q
720.15 — Youthful offender procedure — sealing of accusatory instrument/ jury instructions
(NEW LAW UPDATED) (Bard) Youths charged with __________ , regardless of their criminal history, will have their accusatory instrument sealed and all proceedings conducted in private.

A

prostitution

61
Q

730.40- Fitness to proceed: Local criminal court accusatory instrument
Local criminal court accusatory instrument:
When a local criminal court finds a defendant to be an incapacitated person the court MUST issue a Final order of Observation (Misdemeanor Charges) or Temporary Order of Observation (Felony charges) committing them to the custody of the commissioner for a period not to exceed ___________ from the date of the order.

A

NINETY (90) DAYS

62
Q

730.40- Fitness to proceed: Local criminal court accusatory instrument
Local criminal court accusatory instrument:
An indictment filed in the Superior court for a crime charged in a felony complaint is not timely if it is filed more than ___________ after the expiration of a temporary order of observation.

A

SIX(6) MONTHS

63
Q

730.50- Fitness to proceed: Indictments
Indictments:
Upon adjudicating a defendant an incapacitated person, the court MUST issue a Final Order of Observation for Misdemeanor charges or Order of Commitment for Felony Charges.
When the indictment charges less than a Felony the court MUST issue a Final Order of Observation committing the defendant for a period not to exceed_________ and MUST dismiss the indictment

When the indictment charges a Felony or the defendant is convicted of a Felony the court MUST issue an ORDER OF COMMITMENT for a period not to exceed ___________

A

NINETY(90) DAYS… ONE(1) YEAR

64
Q

77-g Expedited enforcement of child custody determination
Upon filing of petition court shall issue order directing respondent to appear in person with or without child within ________

Hearing must be held not more than___________ after filing of petition, provided petition has been served not less than 24 hours prior to the hearing.

A

3 court days. …….. 3 court days

65
Q

77-m Appeals
An appeal may be taken from any ____________ under this article.

Appeals court may grant a preference.

Unless the court enters a temporary emergency order, the enforcing court may not stay an order enforcing a child custody determination pending appeal.

A

final order

66
Q

58-a DEPENDENT CHILDREN IN FOSTER CARE
(1) Initiation of proceeding
If a social services official determines that a child is likely to remain in foster care for more than _________ consecutive days pursuant to 384 or 384-a of social services law, the social services official shall initiate a proceeding for guardianship of the child.

A

30

67
Q

823- Rules of court for preliminary procedure

Efforts at adjustment may not extend for more than __________ , without leave of the court, who may extend the period for an additional __________. ___________successive extensions may be granted under this section

A

TWO (2) MONTHS…….. SIXTY (60) DAYS.. Two

REMEMBER IT THIS WAY - 2 MOS/60D/60D or perhaps 2MOS/60D 2+6=8 (Article8)

68
Q

1121- Special procedures

Where a motion is granted for poor person relief, the appellant shall request the transcript of the proceeding being appealed from no later than ___________ of the order determining the motion

A

10

69
Q

1121- Special procedures

The transcript shall be completed within __________ of the request of the appellant.
Where it is not completed in that time, the court reporter or transcription service responsible shall notify the administrative judge of the judicial district.

A

30

70
Q

1121- Special procedures

The appellant shall perfect the appeal within _____________ of the receipt of the transcript, although such period may be adjusted or extended by the appellate division

A

60

71
Q

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 _____________

A

jury demand. …FIFTEEN (15) DAYS………first

72
Q

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!

A

TEN (10) DAYS….. withdraw

73
Q

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 ___________ .

A

TWENTY (20) DAYS……… NINETY (90) DAYS

74
Q

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 __________

A

ONE (1) YEAR

75
Q

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

A

FORTY(40) DAYS ………..TEN (10) DAYS……. TWO (2) COPIES

76
Q

W/in Medical podiatric action certificate

A

60 days

77
Q

402- Note of Issue

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

A

FIVE(5)DAYS

2023 Miscellaneous notes (77 decks)

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