Historical Note !CONSULTE CON SU ABOGADO ENSEGUIDA! provisions of subdivision one of this section or any other provision of We hear more than three million cases a year involving almost every type of endeavor. (b) Such employee may, within one year after the termination of such disability, make application to the commissioner of citywide administrative services for a medical examination to be conducted by a medical examiner selected by the commissioner of citywide administrative services. Section 208.36 Infants' and incapacitated persons' claims and proceedings. Transfers are limited to two salary grades (or one M grade) above the employees current salary grade. (2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such information redacted; order the clerk to seal the papers or a portion thereof containing CPI in accordance with the requirement of 22 NYCRR 216.1 that any sealing be no broader than necessary to protect the CPI; for good cause permit the inclusion of CPI in papers; order a party to file an unredacted copy under seal for in camera review; or determine that information in a particular action is not confidential. Said judge or housing judge shall render such decision within 30 days after trial of a nonhazardous or hazardous violation, and within 15 days after trial of an immediate hazardous violation or an injunction. The charge-off statement or the monthly statement recording the most recent purchase transaction, payment or balance transfer shall be deemed sufficient evidence of a credit agreement. As a person seeking New York State employment, what examinations can I take? Section 208.14-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the New York City Civil Court). If you email us outside of business hours, we'll get back to you when our office is open again. IF YOU CAN'T PAY FOR YOUR OWN LAWYER, BRING THESE PAPERS TO THIS COURT RIGHT AWAY. (d) In actions where the cause of death is in issue, each party shall serve upon all other parties copies of the reports of all treating or examining medical providers whose testimony will be offered at the trial, complying with the requirements of paragraph (b)(1) of this section, and the party seeking to recover shall deliver to all other parties authorizations to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and such other records as provided in paragraph (b)(2) of this section. (e) Applications to restore an action to the ready calendar in the event of a reversal or a direction of a new trial by an appellate court, shall be made returnable in the appropriate motion part, except that if all parties do not appear by attorney, the clerk shall, without formal application, restore the action to the ready calendar. (d) After any action has been placed on the trial calendar pursuant to this rule, no pretrial examination or other preliminary proceedings may be had, except that if some unusual or unanticipated conditions subsequently develop which make it necessary that further pretrial examination or further preliminary proceedings be had, and if without them the moving party would be unduly prejudiced, the court may make an order granting permission to conduct such examination or proceedings and prescribing the time therefor. (c) The clerk shall notify all parties of the scheduled conference date, which shall be not more than 45 days from the date the request for a preliminary conference is filed unless the court orders otherwise. (3) a copy of the bill of particulars, if any. In the event such opposing papers are filed, the party applying for the preference may, within five days thereafter, serve and file in like manner papers in rebuttal. Submission of orders, judgments and decrees for signature, Absence or disqualification of assigned judge, Infants' and incapacitated persons' claims and proceedings. All further applications for extensions shall be made by motion upon notice returnable in the part designated to hear motions on notice. (6) Additional Parts. The chief administrator of the courts shall promulgate, and post on the Unified Court System website, a form notice of petition for mandatory use in such proceedings. (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. Are you ready for a career move? (b) In any action where it is necessary to take an inquest before the court, the party seeking damages may submit the proof required by oral testimony of witnesses in open court or by written statements of the witnesses, in narrative or question-and-answer form, signed and sworn to. The appropriateness of transfer is decided on a title-by-title basis at the request of personnel offices of state agencies. (1)Except as otherwise provided in this section, 22 NYCRR section 202.5-b, and section 202.5-bb where applicable, shall apply to all actions in which electronic filing is authorized in the Civil Court. 2. 208.26 [Reserved] (1) Except as may otherwise be provided by statute, a post-trial application to stay the issuance of a warrant shall be made, or referred, to the judge who directed entry of the judgment. Civil Court of the City of New York United States District Judges; . Historical Note Should you require further assistance, you may contact the examinations division at (914) 995-2117. Administrative titles are those involving law, personnel, budgeting, methods and procedures, management, records analysis or administrative research. Una vez emitido, ese fallo es vlido y puede ser utilizado contra usted por un perodo de veinte aos, y contra su propiedad personal y su dinero, incluyendo una porcin de su salario y/o su cuenta bancaria, los cuales pueden ser embargados. There shall be such motion parts and motion calendars as the Chief Administrator of the Courts shall designate. There shall be as many ready calendars with such classifications of actions as the Chief Administrator shall direct. Pay Plans covered in this Directive are those for career and salary plan employees, managerial employees, and uniformed force managers. In each division there shall be such number of calendar parts, trial parts, motion parts, conference parts, multipurpose parts, and other special parts of court, and any combination thereof, as may be established from time to time by the Chief Administrator of the Courts. (f) Where a defendant defaults by failing to answer the summons or order to show cause, an inquest shall be taken before the court. (2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. It is important that you go to the court clerk's office listed above as soon as possible. adopt rules governing transfers between positions in their respective jurisdictions and may also adopt reciprocal rules providing for the transfer of employees from one governmental jurisdiction to another. You should bring this notice and any legal papers you may have received. The settlement of an action by an infant or judicially declared incapacitated person (including an incompetent or conservatee) shall comply with CPLR 1207 and 1208, section 202.67 of the Rules of the Chief Administrator (22 NYCRR 202.67) and, in the case of an infant, with section 474 of the Judiciary Law. 64 0 obj <>stream View Active Civil Service Lists Online. The court may permit counsel to leave, provided counsel remain in telephone contact with the court. The suspension or demotion of competitive class employees upon the abolition or reduction of positions shall be governed by the provisions of section eighty of the civil service law. Historical Note H!CKE/TWvA?q}2- Cc Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. (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. laws of the state. (a) There shall be compliance with the procedures prescribed in the NYCCCA and the CPLR for the bringing of motions. 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. . (a) A commercial claims action may be brought by a claimant that is: (1) a corporation, including a municipal or public benefit corporation, partnership, or association, which has its principal office in the City of New York; or. Under the law, the Court may award $25 additional costs to the plaintiff if a jury trial is demanded by you and a decision is rendered against you. IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT EVEN THOUGH YOU MAY HAVE A VALID DEFENSE. (a) Divisions of the court shall be designated as follows: (1) The Civil Court of the City of New York, County of Bronx. 208.38 Appeals filed Jan. 9, 1986 eff. TALK TO A LAWYER RIGHT AWAY!! (b) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel. In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least a double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. No employee . All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or at the clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. Download / Print 1098-T FAQ's Tax Benefits. Historical Note The action shall be instituted by the claimant or someone on its behalf by paying the filing fee and the cost of sending the notice of claim as provided in NYCCCA 1803-A and by filing and signing a written application containing the following information: (i) claimant's name and principal office address; (ii) defendant's name and place of residence or place of business or employment; (iii) the nature and amount of the claim, including dates, and other relevant information; where the claim arises out of a consumer transaction (one where the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes), information showing that the transaction is a consumer transaction; (iv) a certification that not more than five claims have been instituted in the courts of this State in the calendar month; and. Section 208.42 Proceedings under article 7 of the Real Property Actions and Proceedings Law. The court shall conduct the hearing in such manner as it deems best suited to discover the facts and to determine the justice of the case. We will always provide free access to the current law. A motion must be supported by affidavit by a person having firsthand knowledge, satisfactorily explaining the reasons for the action having been stricken and showing that it is presently ready for trial. Dear Mr. Hanna: This letter confirms the understandings reached by the parties during Transfer and Change of Title. 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. The face of the postcard shall also contain, in the form of a return address, the appropriate address of the clerk's office to which the respondent should be directed. Service is deemed complete for the purposes of section 410(b) of the New York City Civil Court Act upon receipt of the electronic proof of service by the NYSCEF site. you must have at least one year of permanent service in a title within two salary grades or one M grade of the position to be filled; appointment from an open-competitive eligible list would be in order and a promotion list cannot exist for the title (a transition list will not block a 70.4 transfer); you must meet the open-competitive minimum qualifications for the title and not have failed the last examination held for the title; and. NOTE: If you desire a jury trial, you must, before the day upon which you have been notified to appear, file with the Clerk of the Court a written demand for a trial by jury. you must have passed an examination that is appropriate for the title; Human Resources can sometimes accomplish this by making arrangements for a special holding of the examination. DC 37 is New York City's largest public employee union, represents about 150,000 members and 89,000 retirees. (3) Except as set forth in paragraph four of this subsection, the affidavits set forth in subsection (d) shall not be required in debt buyer actions involving debt purchased from an original creditor before October 1, 2014. of transfer from the department or agency to which such function is to be transferred within ten days after receipt of such offer shall be deemed to have waived entitlement to such transfer. Section 208.21 Objection to applications for special preference. endstream endobj 65 0 obj <>stream For purposes of this subdivision, the . Section 208.13 Exchange of medical reports in personal injury and wrongful death actions. Agency Human Resource Offices should call or e-mail CMO Published by: American Legal Publishing. (a) Applicability. (a) Such reinstatement must be accomplished within a period of time equivalent to the time the employee has actually served in the civil service of New York City, but in no event shall such period for reinstatement be less than one year nor more than four years from the date of resignation or retirement provided, however, that: (1) the commissioner of citywide administrative services may fix a period equal to or twice the period actually served, but in no event less than one year nor more than four years within which an employee may be reinstated for designated classes of positions, where the commissioner of citywide administrative services determines that there is a lack of a sufficient number of qualified persons available for recruitment; and. This shall not be a bar, however, to proceeding under subdivision (g) of this section in a proper case. (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 notice of trial: (1) copies of all pleadings, marked as required by CPLR 4012; (2) a copy of any statutory provision, in effect at the time the cause of action arose upon which either the plaintiff or defendant relies; and. Stipulations of adjournments, if attendance in court on the adjourned date is required, shall be similarly filed. 6. Civil Service. (c) Service by the agency head of written notice of determination to be reviewed pursuant to sections seventy-five and seventy-six of the civil service law shall be sufficient if such written notice is delivered personally or by registered mail to the last known address of such person and when notice is given by registered mail such person shall be allowed an additional three days in which to file such appeal. 4. 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. What are the requirements for transfer? (7) Where the summons for a hazardous or nonhazardous violation is served outside of the City of New York, the affidavit of service thereof shall be filed with the clerk of the housing part within 10 days after service. Transfer of Eligibility for Permanent Appointment: . If you are not familiar with our examination program, answers to many questions can be found in our frequently asked questions section. filed: Dec. 28, 1988; Sept. 23, 1991; March 23, 1995; Aug. 20, 1996; May 3, 1999; Sept. 10, 2001 eff. Both positions must be within the competitive class. Historical Note Study materials or test guides are not provided for every examination. Oct. 1, 2014. Transfer and Change of Title. Probationary Terms - An Employee appointed permanently in the competitive, non-competitive, exempt or labor class must serve a probationary period. View New York State Eligible Lists and related information. Housing Court Clerk (a) Alternative method of dispute resolution by arbitration. Email: csinfo@albanycounty.com. %Ee=lK_!"bY_[Vh\$?REKFP C~4Ux'cgb3C>PBJ2Pag \)-*A D Criteria for a 70.1 transfer are: Section 70.4 allows for transfers of permanent employees to other titles under special circumstances. Housing Court Clerk (1) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties and the address of the premises, and shall comply with all the provisions of the NYCCCA applicable to summonses. 141 Livingston Street Section 208.10 Calendaring of motions; uniform notice of motion form. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!! USTED ESTA CITADO a comparecer en la Corte Civil de la Ciudad de Nueva York, Condado de.. a la oficina del Jefe Principal de dicha Corte en .. en el Condado de .. Ciudad y Estado de Nueva York, dentro del tiempo provisto por la ley segun abajo indicado y a presentar su respuesta a la (citacion endorsada) (demanda) [FNa1] al Jefe de la Corte; si usted no comparece a contestar, se rendira sentencia contra usted en la suma de $.. con intereses en dicha cantidad desde el dia ..de 19.. , incluyendo las costas de esta causa. Get free summaries of new opinions delivered to your inbox! (h) Unless the court shall otherwise order, a defendant to whom notice was duly given who fails to appear, either in person or by attorney, at the hearing on the day and time fixed, shall be held to be in default, except that no default shall be ordered if the defendant or his or her attorney appears within one hour after the time fixed. The waiver, which shall recite that medical reports have been exchanged and that all parties waive further physical examination, shall be filed with the note of issue. Jan. 1, 1991. Consent shall be obtained, and such e-filing shall be conducted as provided in 22 NYCRR section 202.5-b(b)(2). 208.3 Parts of court; structure Staten Island, NY 10310. When moving to a new department, the process normally includes transferring an employee's: HR record. the New York State Rules of Professional Conduct as adopted from time . (g) The affidavits required by this section shall be supported by exhibits, including a copy of the credit agreement as defined in this section, the bill of sale or written assignment of the account where applicable, and relevant business records of the Original Creditor that set forth the name of the defendant; the last four digits of the account number; the date and amount of the charge-off balance; the date and amount of the last payment, if any; the amounts of any post-charge-off interest and post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf the defendant; and the balance due at the time of sale. Either party may be represented by counsel, but no record of the proceeding before the arbitrator shall be kept. If the judge presiding is unavailable or unable to act for more than two court days in succession, the administrative judge having direct supervisory authority over the court shall make whatever arrangements are necessary to accommodate the proceedings assigned to the judge. Many State agencies post their vacancy announcements on the Office of Employee Relations (OER) website or internally on Jamaica, NY 11435, Richmond County The Civil Service Employees Association, Inc. 143 Washington Avenue . Sec. (2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. Subject to the provisions of section 208.25 of this Part, no delay will be permitted in selection of a jury, and failure of counsel to proceed as directed or to appear promptly at the directed time on the specified court day will be treated as a calendar default. Between positions assigned to different negotiating units: . Every transfer, other than a functional transfer, shall require the consent, in writing, of the proposed transferee and of the respective heads of the agencies concerned therewith and the approval of the commissioner of citywide administrative services. - Civil Court of the City of New York (2) Commencing April 22, 2002, all summary proceedings for the following residential premises in which the New York City Housing Authority is a party to the proceeding shall be noticed and filed in the Red Hook Community Justice Center: (g) Allegations required under section 325 of the Multiple Dwelling Law and sections 27-2097 et seq., of the Administrative Code of the City of New York. (2) Trial Part. 6. Upon motion, consent or stipulation of all parties . There has been a reasonable opportunity to However, if the verdict of the jury shall be in favor of the plaintiff on the liability issue or in favor of the defendant on any counterclaim on the liability issue, all parties shall then be afforded an opportunity to address the jury on the question of damages before proof in that regard is presented to the jury. You cannot be arrested or sent to jail for owing a debt. I am not an employee of the State of New York but I am seeking to become a New York State employee. For Tier 6 members, the cost is 6% of gross earnings plus interest to the date of payment. (4) Credit agreement means a copy of a contract or other document governing the account provided to the defendant evidencing the defendants agreement to the debt, the amount due on the account, the name of the original creditor, the account number, and the name and address of the defendant. (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. filed Sept. 22, 1993 eff. (3) The arbitrator shall forthwith proceed to hear the controversy. Page -8- to time by the Appellate Divisions of the State of New York; and (7) that applicant will faithfully adhere to all rules applicable to applicant's conduct in . Office and P.O. Telephone number: (a) Divisions of the court shall be designated as follows: (1) The Civil Court of the City of New York, County of Bronx. Sec. There shall be such calendars as may be established, from time to time, in the discretion of the Chief Administrator of the Courts. With due regard to the requirements of statutory preferences and of section 208.20 of this Part, when actions are advanced from one calendar to another they shall progress from the head of one calendar to the foot of the next calendar and otherwise progress in order insofar as practicable unless otherwise determined by the court. (a) Such reinstatement shall be subject to the provisions of this section and shall be made without further examination except that the employee reinstated under this section may be subject to such probationary period, investigation, medical or other qualifying tests or requirements as the commissioner of citywide administrative services shall determine. Section 208.1 Application of Part; waiver; additional rules; application of NYCCCA; definitions. Jan. 6, 1986. Housing Court Clerk, Room 103 (2) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the NYCCCA and the CPLR. Section 208.5 Submission of papers to judge. Yes! (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. An action, in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by the trial judge or an appellate court, shall be restored to the ready calendar by filing a notice thereof with the appropriate clerk. Basement (2) The Civil Court of the City of New York, County of Kings. (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). (b) The plaintiff in a class of cases designated by the Chief Administrator pursuant to subdivision (a) shall request a preliminary conference within 45 days after joinder of issue. Current through rules effective February 19, 2023. (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. (c) Notwithstanding the failure of any party to oppose the application, no preference shall be granted by default unless the court finds that the action is entitled to a preference. Es importante que se dirija a las ventanillas del secretario judicial antes mencionado tan pronto como pueda. No default judgment based on defendant's failure to answer shall be entered unless there has been compliance with this subdivision and at least 20 days have elapsed from the date of mailing by the clerk. both your position title and the title being filled must be identified as administrative. under Section 52.6 of the Civil Service Law; you must have at least one year of permanent service in an administrative title within two salary grades or one M grade of the position to be filled; consecutive transfers may not result in more than a two salary grade or one M grade advancement; and. A multipurpose part is a part of court for the performance of the functions of a calendar part, a trial part, a motion part, a conference part, as well as other special parts of court, or any combination thereof. Fax: (518) 447-5586. (a) Judges are encouraged to order a bifurcated trial of the issues of liability and damages in any action for personal injury where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action. complete the foregoing proceedings. is available on the Department of Civil Service web site. benefit corporation having responsibility for enforcing the criminal If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing.