UR 202 Volume 6 Flashcards
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 ____________ , where required, has been filed and the index number is set forth in the moving papers and the proposed order.
note of issue
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.
20
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.
15…… 30
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.
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.
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.
60
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 shall be served on all parties either:
(i) by personal service not less than ______ days before the date of settlement; or
(ii) by mail not less than _____ days before the date of settlement.
five…..10
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.
two (2) days,
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.
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.
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.
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.
Section 202.51 Proof required in dissolution proceedings.
In actions involving the dissolution of a corporation, creditors must be notified of their right to present claims to a referee at least _________ days before the deadline, with proof of mailing or personal service required.
20
Section 202.52 Deposit of funds by receivers and assignees.
(e) Receivers shall file with the court an accounting at least _____ each year.
once
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 _______ 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 __________ days if given personally or at the person’s home
- At least _________ days if by mail, excluding Sundays and holidays
10 …… five…..eight
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.
20 …….. 14…. 12
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.
30
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.
RJI
