UR 202 Volume 7

Question 1

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 __________________

Answer 1

60 …20…….Appellate division.

Question 2

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 2

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 3

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.

Answer 3

30

Question 4

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 or sidewalk 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 4

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 5

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 _________ of the City of New York or the commissioner’s designee.

Answer 5

seven…… Transportation

Question 6

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 _______ 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 ________ working days prior to the date of the hearing

Answer 6

45……30…….10

Question 7

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 7

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 8

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 8

60…….. 120

Question 9

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 9

note of issue

Question 10

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 10

60….. 120

Question 11

Section 202.61 Exchange of appraisal reports in eminent domain proceedings.
(a)

In eminent domain proceedings, appraisal reports must be exchanged _________ 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 11

nine……….60

Question 12

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 12

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 13

Section 202.64 Election Law proceedings.

(a) All election law proceedings shall occur in the _________ in the ____________ where the action arose, as practicble.

• Such proceedings shall have a preference.

Answer 13

supreme court……..county

Question 14

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____________ 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 14

Supreme Court

Question 15

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 15

20

Question 16

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 16

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 17

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 17

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 18

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 18

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 19

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 19

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 20

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 20

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.