In every summary proceeding brought to recover possession of real property pursuant to section 711 of the Real Property Actions and Proceedings Law, the petitioner shall allege either: (1) that the premises are not a multiple dwelling; or. . (h) A party may move to advance the date of a preliminary conference upon a showing of special circumstances. (1) When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the NYSCEF system. filed: June 29, 1987; Aug. 20, 1991; Feb. 12, 1996; Oct. 16, 1997; Dec. 22, 1997; Jan. 5, 1998; Feb. 9, 1998; Nov. 12, 1998; April 9, 2001; June 4, 2001; April 15, 2002; July 26, 2002 eff. 1 Transfer and change of title. For Tier 6 members, the cost is 6% of gross earnings plus interest to the date of payment. Notwithstanding the (e) Parties relying solely on hospital records may so certify in lieu of serving medical providers' reports. . (j) An oath or affirmation shall be administered to all witnesses. July 24, 2002. (a) Within 20 days of the filing of the notice of trial, if the notice of motion for a special preference is filed therewith, or within 10 days of the service of a notice of motion to obtain a preference, if served and filed subsequent to service and filing of the notice of trial, any other party may serve upon all other parties and file with the clerk affidavits and other relevant papers, with proof of service, in opposition to granting the preference. Motions for a change of venue shall be heard in the county division of the court in which the action was instituted. Notice of the default judgment, containing the information set forth in NYCCCA section 1807-A, shall be mailed by first class mail to the claimant and the defendant. New York Civil Service Law 70 (2021) - Transfers. :: 2021 New York Except where the court otherwise directs, in all actions in which recovery is sought for personal injuries, disability or death, physical examinations and the exchange of medical information shall be governed by the provisions hereinafter set forth: (a) At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice fixing the time and place of examination. (g) In the event that the party examined intends at the trial to offer evidence of further or additional injuries or conditions, nonexistent or not known to exist at the time of service of the original medical reports, such party shall, within 30 days after the discovery thereof, and not later than 30 days before trial, serve upon all parties a supplemental medical report complying with the requirements of paragraph (b)(1) of this section, and shall specify a time, not more than 10 days thereafter and a place at which a further examination may be had. (b) The notice of motion set forth in subdivision (a) of this section shall not be required for the return of an order to show cause or an application for ex parte relief. Service Credit for Tiers 2 through 6 | Office of the New York State (h) Unless the court shall otherwise order, a defendant to whom notice was duly given who fails to appear at the hearing on the day and time fixed, either in person or by attorney, shall be held to be in default, except that no default shall be ordered if the defendant or his attorney appear within one hour after the time fixed. (2) Parties participating in e-filing shall not be required to submit working copies of documents filed electronically. For employees in the Civil Service Retirement System, the annuity is reduced 2 percent for each year workers are un- der age 55. provisions of subdivision one of this section or any other provision of (2) Where an action is commenced by electronic filing pursuant to this section, the original proof of service required by section 409 of the New York City Civil Court Act shall be filed with the Clerk of the Court in the county in which the action was commenced by filing with the NYSCEF site. Copies of the reports of the examining medical providers, complying with the requirements of subdivision (c) of this section, shall be served within 10 days after completion of such further examination. iv. Added Sept. 15, 2014, eff. Section 25.1 Application. Passing an open competitive examination may afford a State employee the opportunity to use this passing score for a Section 70.4 transfer provided you meet the requirements for transfer. Monroe County, NY - Monroe County Civil Service New York Consolidated Laws, Civil Service Law - 58 | FindLaw The notice of motion shall read substantially as follows: Upon the affidavit of_____, sworn to on _____19_____, and upon (list supporting papers if any), the_____will move this court at_____(specify the Part), at the _____Courthouse,_____, _____, New York, on the_____day of_____, 19_____, at 9:30 a.m. for an order (briefly indicate relief requested).1, The above-entitled action is for (briefly state nature of action, e.g., personal injury, contract, property damage, etc.). from a civil division of the state to the state, or vice versa, provision shall be made for the transfer of necessary officers and employees who are substantially engaged in the performance of the function to be transferred. It is important that you go to the court clerk's office listed above as soon as possible. Where service is made by registered mail such person shall be allowed an additional three days in which to answer or otherwise appear. Jury actions will be sent out for jury selection if a jury trial part is available, or scheduled for jury selection at the opening of court on the next court day or as soon as practicable thereafter. (1) The parties to any controversy, except infants and incompetents, may submit the same for arbitration to any attorney, duly appointed as a small claims arbitrator by the administrative judge of this court, so assigned for such duty at that term of the court and upon whom they shall agree. What is a 70.1 transfer? (c) Within 20 days after service of such notice of trial, any party may move to strike the action from the calendar or to keep it from being placed thereon. An Intergovernmental Transfer Announcement is an invitation for permanent State, County or Municipal Government employees or civil service employees who have been laid off to apply for a job within another jurisdiction. 208.2 Divisions of court; terms and structure Click the title you wish to view. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!! (2) an assignee of any commercial claim, subject to the restrictions set forth in NYCCCA 1809-A. (b) Where personal service cannot be made or where the employee is not a resident of the city, it shall be sufficient for the agency head to serve such charges by registered mail to the last known address of such person. Trainings - Transfers - Government of New York A motion part is a part of court for the hearing and determination of motions and applications that are not otherwise required by this Part to be made in a calendar part, trial part or conference part. The court may permit counsel to leave, provided counsel remain in telephone contact with the court. LANDLORD`S GUIDE TO COHOES. Get free summaries of new opinions delivered to your inbox! If the action has been noticed for judicial activity within 20 days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity. 78 Transfer of personnel upon the abolition of positions in state civil service The attendance of attorneys who are familiar with the case and who are authorized to act shall be required. Section 208.33 Submission of orders, judgments and decrees for signature. Sec. (b) In any action which has been accorded a preference in trial upon a motion filed with the clerk, the court shall not be precluded, on its own motion at any time thereafter, from restoring the action to its regular calendar position on the ground that the action is not entitled to a preference under these rules. Current through Register Vol. Any other party may move at the appropriate motion part to modify or vacate such ex parte order. (i) In any action or proceeding in the housing part of the Civil Court, the action or proceeding must be brought in the county in which the real property is situated (NYCCCA, section 302). filed Jan. 9, 1986 eff. April 17, 1998. You cannot be arrested or sent to jail for owing a debt. Between positions assigned to different negotiating units: . Amended (a). (a) An employee who has completed a probationary term in a permanent position in the competitive or labor class, and who has resigned or retired therefrom may be reinstated with the approval of the commissioner of citywide administrative services to: (1) the position from which the employee has resigned or retired, if vacant, or to any similar vacant position in the agency in which the employee was employed; or. Either party may be represented by counsel, but no record of the proceeding before the arbitrator shall be kept. 208.24 Day certain for trial Attorney(s) for: ________________________ Unless otherwise directed by the court, answering and reply affidavits and all other papers required to be furnished to the court by CPLR 2214(c) must be filed no later than the time of argument or submission of the motion. 208.37 Executions You may link to a specific agency's website from the Attorney 2 (or Attorney in charge of case if law firm) for moving party. THE RULES OF THE CITY OF NEW YORK - American Legal Publishing Corporation We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. View Active Civil Service Lists Online. (l) The undertaking to be filed by a defendant desiring a jury trial shall be in the form prescribed by the relevant provisions of article 25 of the CPLR. 208.34 Absence or disqualification of assigned judge The summons in a case involving an action in the housing part for the recovery of civil penalties shall be in such form as may be promulgated by the Chief Administrator. Lateral Transfers - Office of the New York State Comptroller (b) At any scheduled call of a calendar or at a pretrial 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 presiding may note the default on the record and enter an order as follows: (1) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest. Exchange of medical reports in personal injury & wrongful . (a) The Chief Administrator of the Courts may designate a specific class or specific classes of cases in one or more counties to be subject to this section. In any court not continuously in session, the calendars at the close of one term or session of court shall be used to open the following term or session, and actions on the calendars shall retain their positions. If you believe you meet the criteria for transfer to a posted vacancy, you should note that on your application. 6.1.9. Only employees in permanent competitive class titles can transfer, but NO, they are not limited to only one transfer in their State career. Can New York State employees take Open Competitive Examinations? In the event that the call of any reserve calendar is suspended by the Chief Administrator and actions are added to the ready calendar without first being called on the reserve calendar, a notice of actions added to the ready calendar, with their calendar number, shall be published in such law journal at least five court days before the call of the reserve calendar. (e) In the event of a plaintiff's verdict on the issue of liability or a defendant's verdict on the issue of liability on a counterclaim, the damage phase of the trial shall be conducted immediately thereafter before the same judge and jury, unless the judge presiding over the trial, for reasons stated in the record, finds such procedures to be impracticable. Where the wrong county division is stated in the summons, the time of the defendant to appear or answer shall be the later of: (2) the date 10 days after the summons is filed in the proper county division, with proof of service upon the defendant by registered or certified mail of notice stating: (iii) the date within which the answer or notice of appearance is to be filed; and. term "city agency" shall include any school district, public authority, filed: Dec. 28, 1988; Sept. 23, 1991; March 23, 1995; Aug. 20, 1996; May 3, 1999; Sept. 10, 2001 eff. filed Feb. 23, 1987 eff. CONTACT INFO: Administrative Office - 1201 North Third St, Suite 3-280 Baton Rouge, Louisiana 70802: Mailing Address - P.O. Please note, if you are viewing this webinar as part of a training curriculum, please log Amended (a)-(e), (g)-(h), (k). (k) The court, in its discretion, may order such further conferences as it may deem helpful or necessary at any time in a matter before the court to which this section is applicable. (d) In any action arising from a consumer credit transaction, if the form of summons provided for in subdivision (b) of this section is used: (1) The summons shall have prominently displayed at the top thereof the words CONSUMER CREDIT TRANSACTION and the following additional legend or caveat printed in not less than 12-point bold upper case type: THIS IS A COURT PAPER--A SUMMONS! (2) 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. filed May 4, 1998 eff. without regard to any eligible lists or preferred lists for Section 208.1 Application of Part; waiver; additional rules; application of NYCCCA; definitions. A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard. If the plaintiff, or an attorney in his or her behalf, does not appear at the time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant, or make such other disposition as it may deem proper. The Public Employee's Fair Employment Act commonly referred to as the Taylor Law, part of the New York State Civil Service Law (Article XIV), Cincinnati, Ohio. (c) In the case of the death, disability or prolonged absence from the city of the judge before whom the action was tried, the return on appeal may be settled by any judge presiding in a motion part in the county in which the judgment was entered, with the same force and effect as if he or she had tried the case. The appropriateness of transfer is decided on a title-by-title basis at the request of personnel offices of state agencies. 208.31 Restoration after jury disagreement, mistrial or order for . Upon the affidavit of_____, sworn to on _____19_____, and upon (list supporting papers if any), the_____will move this court at_____(specify the Part), at the _____Courthouse,_____, _____, New York, on the_____day of_____, 19_____, at 9:30 a.m. for an order (briefly indicate relief requested). (d) If an order of restoration is granted, it shall provide that a new notice of trial be filed forthwith and that the case be placed on the general trial calendar in its regular place as of the date of filing the new notice of trial, unless the court in its discretion orders otherwise. 208.10 Calendaring of motions; uniform notice of motion form 208.7 Pleadings How do I study for these examinations? (iii) oral argument is requested by a party.Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely upon the request of another party. Current through rules effective February 19, 2023. 6. filed Jan. 9, 1986; amds. Transfer and Change of Title. A transfer eligible may apply under vacancy announcements open to status . There shall be as many ready calendars with such classifications of actions as the Chief Administrator shall direct. Civil Service Exams - Westchestergov.com (e) There are hereby designated within the department of housing preservation and development the following units for suspension or demotion: (3) office of rent and housing maintenance; (f) There are hereby designated within the Department of Finance the following units for suspension or demotion: In the event of suspension or demotion, preferred lists and certification and reinstatement therefrom shall be governed by the provisions of section eighty-one of the civil service law. Historical Note (b) Waiver. As a New York State employee you may take any and all examinations that you meet the minimum qualifications. Every original appointment to a position in the competitive class and every interdepartmental promotion from a position in one department or agency to a position in another department or agency shall be for a probationary term; provided, however, that upon interdepartmental promotion the appointing officer may waive the requirement of . Civil Court of the City of New York filed Jan. 9, 1986; repealed, new filed April 27, 1993 eff. Application of Part; waiver; additional rules;. In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance. Browse - New York Codes, Rules and Regulations - Westlaw Salary determination is further complicated by the different pay scales for the various negotiating units. 4A:3-3.2(e), "[i]t shall be the responsibility of an eligible to keep a current address on file with the Civil . (a) Whenever a judge is temporarily absent from a multipart court, proceedings in progress or scheduled for appearance in the part presided over by that judge shall be reassigned or otherwise handled by the calendar judge, or the administrative judge if no calendar part has been established. (a) Divisions of the court shall be designated as follows: (1) The Civil Court of the City of New York, County of Bronx. 2023 Career Mobility Office, New York State Department of Civil Service, New York State Department of Civil Service, Differentiate between different types of transfers and when each may be applicable, Review eligibility requirements for transfer, Explore available resources to determine transfer opportunities. 208.14 Calendar default; restoration; dismissal (f) When an action has been tried and the jury has disagreed, or a verdict set aside, or there has been a mistrial for any reason, or if no decision has been made or judgment rendered within the time specified in the CPLR, or if the court has ordered a new trial under CPLR 4402, such action must be restored to the appropriate ready calendar for a day certain to be fixed by the court. Original Source: 208.41-a Commercial claims procedure may, in its discretion, direct the reinstatement of the appellant, permit transfer to another position or place her/his name on a preferred list. 208.4-a Electronic Filing in New York City Civil Court (d) Within five days after the action is recorded, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, addressed to one or more of the addresses supplied as shall be deemed necessary, a signed notice bearing the seal of the court, which shall be in substantially the following form: TO: __________________________________________________.
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