UR 202 Volume 4

Question 1

Section 202.27 Defaults. (KNOW THIS)
At any scheduled call of a calendar or at any conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge may note the default on the record and enter an order as follows:
(a) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest;
(b) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross-claims;
(c) If no party appears, the judge may make such order as appears just.

Answer 1

Section 202.27 Defaults. (KNOW THIS)
At any scheduled call of a calendar or at any conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge may note the default on the record and enter an order as follows:
(a) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest;
(b) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross-claims;
(c) If no party appears, the judge may make such order as appears just.

Question 2

Section 202.27-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the Supreme Court and the County Court)
(a) Definitions.
(1) For the purposes of this section, a consumer credit transaction is a revolving credit agreement offered by a financial institution for personal, family, or household purposes, BUT NOT
medical, student, auto, or retail loans.

Answer 2

Section 202.27-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the Supreme Court and the County Court)
(a) Definitions.
(1) For the purposes of this section, a consumer credit transaction is a revolving credit agreement offered by a financial institution for personal, family, or household purposes, BUT NOT
medical, student, auto, or retail loans.

Question 3

Section 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (Uniform Civil Rules for the Supreme Court and the County Court)

Section 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (Uniform Civil Rules for the Supreme Court and the County Court)
(a) Additional mailing of notice on an action arising from a consumer credit transaction.
(1) At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice of their rights, in both English and Spanish,
(2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph
A default judgment based on the defendant’s failure to answer cannot be entered unless the additional notice is properly served and at least 20 days have passed since the clerk mailed the notice.
If the additional notice is returned as undeliverable, a default judgment cannot be entered unless the address matches the defendant’s address on their DMV record.
Receiving the additional notice does not give the court jurisdiction over the defendant if they were not properly served with the summons and complaint.

Answer 3

Section 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (Uniform Civil Rules for the Supreme Court and the County Court)

Section 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (Uniform Civil Rules for the Supreme Court and the County Court)
(a) Additional mailing of notice on an action arising from a consumer credit transaction.
(1) At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice of their rights, in both English and Spanish,
(2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph
A default judgment based on the defendant’s failure to answer cannot be entered unless the additional notice is properly served and at least 20 days have passed since the clerk mailed the notice.
If the additional notice is returned as undeliverable, a default judgment cannot be entered unless the address matches the defendant’s address on their DMV record.
Receiving the additional notice does not give the court jurisdiction over the defendant if they were not properly served with the summons and complaint.

Question 4

Section 202.28 Discontinuance of Civil Actions and Notice to the Court.
(a)”Upon settlement, discontinuance, or otherwise disposed, counsel must promptly notify the judge and court part by submitting a stipulation or letter and emailing or calling the judge’s chambers, in addition to filing the stipulation with the county clerk.”
Counsel and self-represented litigants must promptly notify the court in writing if a case is settled, discontinued, moot, or a party dies or files for bankruptcy.

Answer 4

Section 202.28 Discontinuance of Civil Actions and Notice to the Court.
(a)”Upon settlement, discontinuance, or otherwise disposed, counsel must promptly notify the judge and court part by submitting a stipulation or letter and emailing or calling the judge’s chambers, in addition to filing the stipulation with the county clerk.”
Counsel and self-represented litigants must promptly notify the court in writing if a case is settled, discontinued, moot, or a party dies or files for bankruptcy.

Question 5

Section 202.29 Settlement Conference Before a Justice Other than the Justice Assigned to the Case.
If lawyers want a settlement conference before a different judge than the one assigned to the case, they can make a joint request to the assigned judge.

Answer 5

Section 202.29 Settlement Conference Before a Justice Other than the Justice Assigned to the Case.
If lawyers want a settlement conference before a different judge than the one assigned to the case, they can make a joint request to the assigned judge.

Question 6

Section 202.31 Identification of Trial Counsel.

Where the attorney of record for any party arranges for another attorney to conduct the trial, the trial counsel must be identified in writing to the court and all parties no later than _____ days after the pretrial conference or, if there is no pretrial conference, at least _______ days before trial.

Answer 6

15 ……. 10

Question 7

Section 202.33 Conduct of the Voir Dire.

(b) Pre-Voir Dire Settlement Conference. There shall be conference before jury selection with the judge and counsel to bring about disposition of the action

Answer 7

Section 202.33 Conduct of the Voir Dire.

(b) Pre-Voir Dire Settlement Conference. There shall be conference before jury selection with the judge and counsel to bring about disposition of the action

Question 8

Section 202.33 Conduct of the Voir Dire.

(c) Method of Jury Selection. The method of jury selection shall be one of the methods listed in this section

Answer 8

Section 202.33 Conduct of the Voir Dire.

(c) Method of Jury Selection. The method of jury selection shall be one of the methods listed in this section

Question 9

Section 202.33 Conduct of the Voir Dire.

(d) Time Limitations. The trial judge shall establish time limitations for the questioning of prospective jurors during the voir dire.

Answer 9

Section 202.33 Conduct of the Voir Dire.

(d) Time Limitations. The trial judge shall establish time limitations for the questioning of prospective jurors during the voir dire.

Question 10

Section 202.33 Conduct of the Voir Dire.

(e) Presence of Judge at the Voir Dire. The judge _______ be present at the commencement of the voir dire and _______ be present after commencement.

Answer 10

SHALL…… MAY

Question 11

Section 202.33 Conduct of the Voir Dire.

***(KNOW THIS) (f) Methods of Jury Selection.
The methods that may be selected are:
(1) “_______ method,”
(2) “_________ method,”
(3) “____________ ,” in districts where approved by the Chief Administrator for that district.
Other methods may be submitted for experimental basis

Answer 11

White’s……. struck….. strike and replace method

Question 12

Section 202.33 Conduct of the Voir Dire

Struck method - initial panel of _______ prospective jurors.

Answer 12

25

Question 13

Section 202.33 Conduct of the Voir Dire.

(2) Generally, a total of eight jurors, including two alternates, shall be selected. The court may permit a greater number of alternates if a lengthy trial is expected or for any appropriate reason.

Answer 13

Section 202.33 Conduct of the Voir Dire.

(2) Generally, a total of eight jurors, including two alternates, shall be selected. The court may permit a greater number of alternates if a lengthy trial is expected or for any appropriate reason.

Question 14

Section 202.33 Conduct of the Voir Dire.
(5) Counsel shall exercise peremptory challenges outside of the presence of the Panel of prospective jurors.

Answer 14

Section 202.33 Conduct of the Voir Dire.
(5) Counsel shall exercise peremptory challenges outside of the presence of the Panel of prospective jurors.

Question 15

Section 202.33 Conduct of the Voir Dire.

Struck method
h an initial Panel of not more than _____ prospective alternates unless otherwise directed by the court.

Answer 15

10

Question 16

Section 202.33 Conduct of the Voir Dire.

Section 202.34 Pre-Marking of Exhibits
Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection.
- All agreed upon exhibits shall be pre-marked
- Contested exhibit shall be marked for identification only
- The clerk may assist when dealing with voluminous exhibits

Answer 16

Section 202.33 Conduct of the Voir Dire.

Section 202.34 Pre-Marking of Exhibits
Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection.
- All agreed upon exhibits shall be pre-marked
- Contested exhibit shall be marked for identification only
- The clerk may assist when dealing with voluminous exhibits

Question 17

Section 202.33 Conduct of the Voir Dire.

Section 202.35 Submission of papers for trial.
(a) Upon the trial of an action, the following papers, if not yet submitted, shall be submitted to the court by the party who has filed the note of issue:
(1) copies of all pleadings marked as required by CPLR 4012; and
(2) a copy of the bill of particulars, if any.
(b) Upon the trial of an action, a copy of any statutory provision in effect at the time the cause of action arose shall be submitted to the court by the party who intends to rely upon such statute.
(c) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel.

Answer 17

Section 202.33 Conduct of the Voir Dire.

Section 202.35 Submission of papers for trial.
(a) Upon the trial of an action, the following papers, if not yet submitted, shall be submitted to the court by the party who has filed the note of issue:
(1) copies of all pleadings marked as required by CPLR 4012; and
(2) a copy of the bill of particulars, if any.
(b) Upon the trial of an action, a copy of any statutory provision in effect at the time the cause of action arose shall be submitted to the court by the party who intends to rely upon such statute.
(c) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel.

Question 18

Section 202.36 Absence of attorney during trial.

All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate, unless excused by the judge presiding.

Answer 18

Section 202.36 Absence of attorney during trial.

All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate, unless excused by the judge presiding.

Question 19

Section 202.37 Scheduling Witnesses.
At the beginning of the trial, each party must provide the court with a list of witnesses they intend to call, the order they will testify in, and an estimated time for their testimony.

Answer 19

Section 202.37 Scheduling Witnesses.
At the beginning of the trial, each party must provide the court with a list of witnesses they intend to call, the order they will testify in, and an estimated time for their testimony.

Question 20

Section 202.40 Jury trial of less than all issues; procedure.
If a jury trial is requested for only some of the issues in a case, the court will first try the issues without a jury.
If these issues don’t resolve the case, a jury will be called to try the remaining issues.

Answer 20

Section 202.40 Jury trial of less than all issues; procedure.
If a jury trial is requested for only some of the issues in a case, the court will first try the issues without a jury.
If these issues don’t resolve the case, a jury will be called to try the remaining issues.

Question 21

Section 202.42 Bifurcated trials.

Where a bifurcated trial is ordered, the issues of liability and damages shall be severed and the issue of __________ shall be tried first, unless the court orders otherwise.

Answer 21

liability

Question 22

Section 202.43 References of triable issues and proceedings to judicial hearing officers or referees.

(a) No application to refer an action or special proceeding to a judicial hearing officer or referee will be entertained unless a note of issue, where required, has been filed and the index number is set forth in the moving papers and the proposed order.

Answer 22

Section 202.43 References of triable issues and proceedings to judicial hearing officers or referees.

(a) No application to refer an action or special proceeding to a judicial hearing officer or referee will be entertained unless a note of issue, where required, has been filed and the index number is set forth in the moving papers and the proposed order.

Question 23

Section 202.43 References of triable issues and proceedings to judicial hearing officers or referees.

(b) The proposed order of reference shall be presented in duplicate, and a signed original order shall be delivered to the referee.
If such order is not presented for signature within ______ days after the court directs a reference, the application shall be deemed abandoned.

Answer 23

20

Question 24

Section 202.44 Motion to confirm or reject judicial hearing officer’s report or referee’s report.
Within _____ days of receiving notice that the judicial hearing officer’s report has been filed, the plaintiff must file a motion to confirm or reject the report.
If plaintiff fails to make the motion, the defendant shall so move within ______ days after notice of such filing was given.

Answer 24

15…… 30

Question 25

Section 202.47 Transcript of judgment; receipt stub.
Whenever a County Clerk issues a transcript of judgment, which shall be in the form prescribed by law, such clerk shall at the same time issue a stub.
Such stub shall be 3 5/8 x 8 1/2 inches and shall have imprinted thereon the name and address of the issuing County Clerk.
The stub shall also contain such other information as shall be required to identify it with the transcript with which it was issued, so that it may be readily identified upon its return to the issuing County Clerk, with the name of, and the date of receipt by, the receiving clerk endorsed thereon.

Answer 25

Section 202.47 Transcript of judgment; receipt stub.
Whenever a County Clerk issues a transcript of judgment, which shall be in the form prescribed by law, such clerk shall at the same time issue a stub.
Such stub shall be 3 5/8 x 8 1/2 inches and shall have imprinted thereon the name and address of the issuing County Clerk.
The stub shall also contain such other information as shall be required to identify it with the transcript with which it was issued, so that it may be readily identified upon its return to the issuing County Clerk, with the name of, and the date of receipt by, the receiving clerk endorsed thereon.

Question 26

Section 202.48 Submission of orders, judgments and decrees for signature.

(a) Proposed orders or judgments must be submitted with proof of service for signature within ________ days after the decision directing their submission.

Answer 26

60

Question 27

Section 202.48 Submission of orders, judgments and decrees for signature.

(1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the court in which the order or judgment was granted, or before the judge if the court has so directed or if the clerk is unavailable, shall be served on all parties either:
(i) by personal service not less than five days before the date of settlement; or
(ii) by mail not less than 10 days before the date of settlement.

Answer 27

Section 202.48 Submission of orders, judgments and decrees for signature.

(1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the court in which the order or judgment was granted, or before the judge if the court has so directed or if the clerk is unavailable, shall be served on all parties either:
(i) by personal service not less than five days before the date of settlement; or
(ii) by mail not less than 10 days before the date of settlement.

Question 28

Section 202.48 Submission of orders, judgments and decrees for signature.

(2) Proposed counter-orders or judgments shall be made returnable on the same date and at the same place, and shall be served on all parties by personal service, not less than ________ or by mail, not less than seven days, before the date of settlement.

Answer 28

two (2) days,

Question 29

Section 202.50 Proposed judgments in matrimonial actions; forms.

(a) Form of Judgments. Findings and conclusions shall be in a separate paper from the judgment, which papers shall be labelled “FINDINGS OF FACT AND CONCLUSIONS OF LAW” and “JUDGMENT,” respectively.

Answer 29

Section 202.50 Proposed judgments in matrimonial actions; forms.

(a) Form of Judgments. Findings and conclusions shall be in a separate paper from the judgment, which papers shall be labelled “FINDINGS OF FACT AND CONCLUSIONS OF LAW” and “JUDGMENT,” respectively.

Question 30

Section 202.50 Proposed judgments in matrimonial actions; forms.

(2) Uncontested Actions.
Parties in uncontested divorce proceedings must use the forms and instructions provided in the Unified Court System Uncontested Divorce Packet, unless otherwise permitted by the court.

Answer 30

Section 202.50 Proposed judgments in matrimonial actions; forms.

(2) Uncontested Actions.
Parties in uncontested divorce proceedings must use the forms and instructions provided in the Unified Court System Uncontested Divorce Packet, unless otherwise permitted by the court.

Question 31

Section 202.51 Proof required in dissolution proceedings.

In all actions in which the accounts of a receiver appointed in an action for the dissolution of a corporation are presented for settlement or to be passed upon by the court, a notice or a copy of an advertisement requiring the creditors to present their claims to a referee must be mailed, with the postage thereon prepaid, to each creditor whose name appears on the books of the corporation, at least 20 days before the date specified in such notice or advertisement. Proof of such mailing shall be required on the application for a final decree passing the accounts of the receiver unless proof is furnished that personal service of such notice or copy of advertisement has been made upon the creditors.

Answer 31

Section 202.51 Proof required in dissolution proceedings.

In all actions in which the accounts of a receiver appointed in an action for the dissolution of a corporation are presented for settlement or to be passed upon by the court, a notice or a copy of an advertisement requiring the creditors to present their claims to a referee must be mailed, with the postage thereon prepaid, to each creditor whose name appears on the books of the corporation, at least 20 days before the date specified in such notice or advertisement. Proof of such mailing shall be required on the application for a final decree passing the accounts of the receiver unless proof is furnished that personal service of such notice or copy of advertisement has been made upon the creditors.

Question 32

Section 202.52 Deposit of funds by receivers and assignees.

(e) Receivers shall file with the court an accounting at least _____ each year.

Answer 32

once

Question 33

Section 202.54 Proceedings relating to appointments of guardians with respect to patients in facilities defined in the Mental Hygiene Law.
Where a patient in a facility defined in the Mental Hygiene Law is the subject of a proceeding for the appointment of a guardian or for any substitute for or successor to such person:
(a) A copy of the notice of application for the appointment shall be served on the director of Mental Hygiene Legal Service in the department in which the facility is located.
The director shall submit to the court for its consideration such papers as the director may deem appropriate.
(b) Within 10 days after the order determining the application is signed, a copy shall be served on the director.
(c) Within 10 days after qualification of the guardian, proof of qualification shall be served on the director.

(f) If the patient or person on behalf of the patient or director requests a hearing notice must be given:
At least five days if given personally or at the person’s home
At least eight days if by mail, excluding Sundays and holidays

Answer 33

Section 202.54 Proceedings relating to appointments of guardians with respect to patients in facilities defined in the Mental Hygiene Law.
Where a patient in a facility defined in the Mental Hygiene Law is the subject of a proceeding for the appointment of a guardian or for any substitute for or successor to such person:
(a) A copy of the notice of application for the appointment shall be served on the director of Mental Hygiene Legal Service in the department in which the facility is located.
The director shall submit to the court for its consideration such papers as the director may deem appropriate.
(b) Within 10 days after the order determining the application is signed, a copy shall be served on the director.
(c) Within 10 days after qualification of the guardian, proof of qualification shall be served on the director.

(f) If the patient or person on behalf of the patient or director requests a hearing notice must be given:
At least five days if given personally or at the person’s home
At least eight days if by mail, excluding Sundays and holidays

Question 34

Section 202.55 Procedure for perfection of civil appeals to the County Court.
(a) Within _____ days of filing the appeal papers, appellants must file a notice of argument and brief with the County Court clerk , not less than _______ days prior to the date for which the appeal has been noticed. The respondent must file their papers with proof of service with the County Court judge within _______ days of receiving the appellant’s brief.

Answer 34

20 …….. 14…. 12

Question 35

Section 202.55 Procedure for perfection of civil appeals to the County Court.

Motions for reargument may be made after decision is rendered and must be made within ______ days after service upon the moving party of a copy of the order entered on the decision, with written notice of its entry.

Answer 35

30

Question 36

Section 202.56 Medical, dental and podiatric malpractice actions; special rules.

(a) Notice of Medical, Dental or Podiatric Malpractice Action.
(1) Within 60 days after joinder of issued by all defendants named in the complaint in an action for medical, dental or podiatric malpractice, or after the time for a defaulting party to appear, answer or move with respect to a pleading has expired, the plaintiff shall obtain an index number and file a notice of such medical, dental or podiatric malpractice action with the appropriate clerk of the county of venue,

(2) The filing of the notice of medical, dental or podiatric malpractice action shall include an ______ if one has not already been filed.

Answer 36

RJI

Question 37

Section 202.56 Medical, dental and podiatric malpractice actions; special rules.

(ii) fixing the date and time for such procedures, provided that all such procedures must be completed within ____ months of the filing of the notice of medical, dental or podiatric malpractice action unless otherwise ordered by the court;

Answer 37

12

Question 38

Section 202.56 Medical, dental and podiatric malpractice actions; special rules.

(iv) directing the filing of a note of issue and a certificate of readiness when the action otherwise is ready for trial provided that the filing of the note of issue and certificate of readiness, to the extent feasible, be no later than _____ months after the notice of medical, dental or podiatric malpractice action is filed;

Answer 38

18

Question 39

Section 202.56 Medical, dental and podiatric malpractice actions; special rules.

A certificate of readiness and a note of issue may not be filed until a preliminary conference has been held pursuant to this subdivision.

Answer 39

Section 202.56 Medical, dental and podiatric malpractice actions; special rules.

A certificate of readiness and a note of issue may not be filed until a preliminary conference has been held pursuant to this subdivision.

Question 40

Section 202.56 Medical, dental and podiatric malpractice actions; special rules.

(c) Settlement conferences.
(1) The court shall hold a settlement conference ____ days after the filing of the note of issue and certificate of readiness or, if a party moves to vacate the note of issue and certificate of readiness and that motion is denied, within __ days after denial of the motion.

Answer 40

45 ……45

Question 41

Section 202.57 Judicial review of orders of the State Division of Human Rights; procedure.
Individuals aggrieved by an order issued by the State Commissioner or Division of Human Rights can seek judicial review by filing a petition in the Supreme Court within _____ days of the order’s service and the division has _______ days to file a complete transcript of the proceedings that led to the order being challenged.
The hearing will be held in the Appellate division.

Answer 41

60 …20

Question 42

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

(a) Establishment.
A special proceeding program for small claims tax assessment review is established in the Supreme Court of New York in each county. However, Fulton and Hamilton Counties will be considered one county

Answer 42

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

(a) Establishment.
A special proceeding program for small claims tax assessment review is established in the Supreme Court of New York in each county. However, Fulton and Hamilton Counties will be considered one county

Question 43

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

Three copies of the petition must be filed with the County Clerk in the county where the property is located within _____ days of the assessment roll being finalized and filed.
In New York City, the petition must be filed before October 25th following the assessment decision.
The petition can be filed by ordinary mail if postmarked within the deadline or electronically through NYSCEF in counties that allow it.
A filing fee of $25 must be paid at the time of filing.
(3) Within 10 days of filing the petition with the County Clerk,

Answer 43

30

Question 44

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

(4) The County Clerk shall assign a small claims assessment review filing number to each petition and, in proceedings commenced by filing in hard copy, shall retain one copy and shall forward two copies within two days of filing to the clerk designated by the appropriate administrative judge to process assessment review petitions.

Answer 44

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

(4) The County Clerk shall assign a small claims assessment review filing number to each petition and, in proceedings commenced by filing in hard copy, shall retain one copy and shall forward two copies within two days of filing to the clerk designated by the appropriate administrative judge to process assessment review petitions.

Question 45

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

(2) Three copies of the petition shall be filed with the County Clerk in the county in which the property is located, provided that at least 30 days have elapsed from the presentation of the notice of claim to the Office of the Comptroller
The petition may be filed with the County Clerk by ordinary mail.
A filing fee of $25 shall be paid at the time of filing, which may be in the form of a check payable to the County Clerk.

Answer 45

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

(2) Three copies of the petition shall be filed with the County Clerk in the county in which the property is located, provided that at least 30 days have elapsed from the presentation of the notice of claim to the Office of the Comptroller
The petition may be filed with the County Clerk by ordinary mail.
A filing fee of $25 shall be paid at the time of filing, which may be in the form of a check payable to the County Clerk.

Question 46

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

(3) Within _________ days of filing the petition with the County Clerk, the petitioner personally shall deliver or send by certified mail, return receipt requested, a copy of the petition to the Commissioner of Transportation of the City of New York or the commissioner’s designee.

Answer 46

seven

Question 47

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

(4) The County Clerk shall assign a sidewalk assessment review filing number to each petition, shall retain one copy and shall forward two copies within two days of filing to the clerk designated by the appropriate administrative judge to process sidewalk assessment review petitions.

Answer 47

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

(4) The County Clerk shall assign a sidewalk assessment review filing number to each petition, shall retain one copy and shall forward two copies within two days of filing to the clerk designated by the appropriate administrative judge to process sidewalk assessment review petitions.

Question 48

Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules.

(4) The hearing officer shall determine, after contacting the parties, the date, time and place for the hearing, which shall be held within 45 days with respect to a small claims tax assessment review proceeding, and within ______ days with respect to a small claims sidewalk assessment review proceeding, after the filing of the petition, or as soon thereafter as is practicable, and which shall be held, where practicable, at a location within the county where the real property is located.

Written notice of the date, time and place of the hearing shall be sent by mail by the hearing officer to the parties or their attorneys, if represented, at least 10 working days prior to the date of the hearing

Answer 48

30

Question 49

Section 202.59 Tax assessment review proceedings in counties outside the City of New York; special rules.

(b) Statement of Income and Expenses. Before the note of issue and certificate of readiness may be filed, the petitioner shall have served on the respondent, in triplicate, a statement that the property is not income- producing, or a copy of a verified or certified statement of the income and expenses on the property for each tax year under review.

Answer 49

Section 202.59 Tax assessment review proceedings in counties outside the City of New York; special rules.

(b) Statement of Income and Expenses. Before the note of issue and certificate of readiness may be filed, the petitioner shall have served on the respondent, in triplicate, a statement that the property is not income- producing, or a copy of a verified or certified statement of the income and expenses on the property for each tax year under review.

Question 50

Section 202.59 Tax assessment review proceedings in counties outside the City of New York; special rules.

(c) Audit.
Within _______ days after the petitioner provides the statement of income and expenses, the respondent can request an audit in writing to substantiate the petitioner’s financial information.
If requested, the audit must be completed within _____ days of the request, unless the court extends the deadline for good cause.

Answer 50

60…….. 120

Question 51

Section 202.60 Tax assessment review proceedings in counties within the City of New York; special rules.

No ________ may be filed until a preliminary conference has been held.

Answer 51

note of issue

Question 52

Section 202.60 Tax assessment review proceedings in counties within the City of New York; special rules.

The respondent can request an audit of the petitioner’s books and records to validate the statement of income and expenses within ______ days of the first preliminary conference.
The audit must be completed within ____ days of the request unless the court grants an extension for good cause.
If the respondent fails to request or complete the audit within the specified timeframes, they waive their right to conduct an audit.

Answer 52

60….. 120

Question 53

Section 202.61 Exchange of appraisal reports in eminent domain proceedings.
(a)
In eminent domain proceedings, appraisal reports must be exchanged nine months after the claim is served, and a note of issue cannot be filed until the reports are exchanged.
(2) If a party intends to offer at trial expert evidence in rebuttal to any report, an expert’s report shall be filed within ____ days after receipt of the document sought to be rebutted.

Answer 53

60

Question 54

Section 202.63 Assignment for benefit of creditors.
(a) Records and Papers.
(1) In assignments for the benefit of creditors, the clerk shall keep a register and docket.
The clerk shall enter in the register in full every final order according to date; the docket shall contain a brief note of each day’s proceedings under the respective title.
(2) Every petition, order, decree or other paper shall have endorsed on the outside the nature of such paper, the date of filing, and the name, number and page of the book in which the proceedings are entered by the clerk

Answer 54

Section 202.63 Assignment for benefit of creditors.
(a) Records and Papers.
(1) In assignments for the benefit of creditors, the clerk shall keep a register and docket.
The clerk shall enter in the register in full every final order according to date; the docket shall contain a brief note of each day’s proceedings under the respective title.
(2) Every petition, order, decree or other paper shall have endorsed on the outside the nature of such paper, the date of filing, and the name, number and page of the book in which the proceedings are entered by the clerk

Question 55

Section 202.64 Election Law proceedings.

(a) All applications to the Supreme Court, or to a judge thereof, pursuant to the Election Law, shall be made at the special part designated for such proceedings, and where there is no special part, before the judge to whom the proceeding is assigned.
As far as practicable, the application shall be brought in the county in which it arose.
(b) The judge may hear and determine the proceeding or assign it to a referee for hearing or decision, and such proceedings shall have preference over all other business of the part to which it is assigned or before the judge to whom it is assigned.

Answer 55

Section 202.64 Election Law proceedings.

(a) All applications to the Supreme Court, or to a judge thereof, pursuant to the Election Law, shall be made at the special part designated for such proceedings, and where there is no special part, before the judge to whom the proceeding is assigned.
As far as practicable, the application shall be brought in the county in which it arose.
(b) The judge may hear and determine the proceeding or assign it to a referee for hearing or decision, and such proceedings shall have preference over all other business of the part to which it is assigned or before the judge to whom it is assigned.

Question 56

Section 202.65 Registration of title to real property; sales of real estate under court direction.

(a) Petitions for Registration. Petitions for the registration of titles to land made pursuant to Article 12 of the Real Property Law shall be made to the Supreme Court in the county where the land or portion thereof affected by the petition is situated in the designated titles part or another assigned judge.

Answer 56

Section 202.65 Registration of title to real property; sales of real estate under court direction.

(a) Petitions for Registration. Petitions for the registration of titles to land made pursuant to Article 12 of the Real Property Law shall be made to the Supreme Court in the county where the land or portion thereof affected by the petition is situated in the designated titles part or another assigned judge.

Question 57

Section 202.65 Registration of title to real property; sales of real estate under court direction.

(c) Application for Jury Trial. Where an answer is interposed which raises an issue of fact which in an action relating to the title to real property would be triable by a jury, either or any party to the registration proceeding who is entitled to have such issue determined may apply to the appropriate part or judge within _________ days after the issue has been joined

Answer 57

20

Question 58

Section 202.65 Registration of title to real property; sales of real estate under court direction.

(d) Applications; Notice Requirements. All applications to the court after a certificate of registration of title has been issued must be made upon 20 days’ notice to all interested parties. Applications under sections 404-a and 422 of the Real Property Law require 8 days’ notice to all interested parties. Applications under section 428 of the Real Property Law also require 8 days’ notice to the city or county treasurer and all other parties who have appeared in the proceeding.

Answer 58

Section 202.65 Registration of title to real property; sales of real estate under court direction.

(d) Applications; Notice Requirements. All applications to the court after a certificate of registration of title has been issued must be made upon 20 days’ notice to all interested parties. Applications under sections 404-a and 422 of the Real Property Law require 8 days’ notice to all interested parties. Applications under section 428 of the Real Property Law also require 8 days’ notice to the city or county treasurer and all other parties who have appeared in the proceeding.

Question 59

Section 202.65 Registration of title to real property; sales of real estate under court direction.

(e) Sales of Real Estate. An auctioneer selected for this purpose must be an attorney, or a licensed real estate broker, or a salesman licensed for at least five years. The auctioneer’s fee for conducting the sale shall be as prescribed by law.

Answer 59

Section 202.65 Registration of title to real property; sales of real estate under court direction.

(e) Sales of Real Estate. An auctioneer selected for this purpose must be an attorney, or a licensed real estate broker, or a salesman licensed for at least five years. The auctioneer’s fee for conducting the sale shall be as prescribed by law.

Question 60

Section 202.67 Infants’ and incapacitated persons’ claims and proceedings.
(a). The proposed order in such cases may provide for deduction of the following disbursements from the settlement:
(1) motor vehicle reports;
(2) police reports;
(3) photographs;
(4) deposition stenographic expenses;
(5) service of summons and complaint and of subpoenas;
(6) expert’s fees, including analysis of materials; and
(7) other items approved by court order.
The order shall not provide for attorney’s fees in excess of one third of the amount remaining after deduction of the above disbursements unless otherwise specifically authorized by the court.

Answer 60

Section 202.67 Infants’ and incapacitated persons’ claims and proceedings.
(a). The proposed order in such cases may provide for deduction of the following disbursements from the settlement:
(1) motor vehicle reports;
(2) police reports;
(3) photographs;
(4) deposition stenographic expenses;
(5) service of summons and complaint and of subpoenas;
(6) expert’s fees, including analysis of materials; and
(7) other items approved by court order.
The order shall not provide for attorney’s fees in excess of one third of the amount remaining after deduction of the above disbursements unless otherwise specifically authorized by the court.

Question 61

Section 202.68 Proceedings involving custody of an Indian child.
In any proceeding in which the custody of a child is to be determined, the court, when it has reason to believe that the child is an Indian child, shall require the verification of the child’s status in accordance with the Indian Child Welfare Act and, proceed further, as appropriate, in accordance with the provisions of that Act.

Answer 61

Section 202.68 Proceedings involving custody of an Indian child.
In any proceeding in which the custody of a child is to be determined, the court, when it has reason to believe that the child is an Indian child, shall require the verification of the child’s status in accordance with the Indian Child Welfare Act and, proceed further, as appropriate, in accordance with the provisions of that Act.

Question 62

Section 202.69 Coordination of related actions pending in more than one judicial district.
This section applies when related actions are pending in multiple judicial districts, and coordination may be appropriate pursuant to the criteria and procedures outlined. Coordination under this section applies to pretrial proceedings, including dispositive motions.
(b) Litigation Coordinating Panel.
(1) Composition. The Chief Administrator of the Courts, in consultation with the Presiding Justice of each Appellate Division, shall create a Litigation Coordinating Panel composed of one justice of the Supreme Court from each judicial department of the State.

Answer 62

Section 202.69 Coordination of related actions pending in more than one judicial district.
This section applies when related actions are pending in multiple judicial districts, and coordination may be appropriate pursuant to the criteria and procedures outlined. Coordination under this section applies to pretrial proceedings, including dispositive motions.
(b) Litigation Coordinating Panel.
(1) Composition. The Chief Administrator of the Courts, in consultation with the Presiding Justice of each Appellate Division, shall create a Litigation Coordinating Panel composed of one justice of the Supreme Court from each judicial department of the State.