On consent, documents may be filed and served by electronic means in the New York City Civil Court (Civil Court) in such actions and in such counties as shall be authorized by order of the Chief Administrator of the Courts and only to the extent and in the manner provided in this section; except that in an action brought by a provider of health services specified in section 5102(a)(l) of the Insurance Law against an insurer for failure to comply with rules and regulations promulgated by the Superintendent of Insurance pursuant to section 5108(b) of such law, the Chief Administrator of the Courts may eliminate the requirement of consent pursuant to section 2111 (b)(2)(C) of the CPLR. In the case of a commercial claim arising out of a consumer transaction, the clerk shall mark the claim conspicuously as a consumer transaction and shall record it in the docket marked as a consumer transaction. Please note, if you are viewing this webinar as part of a training curriculum, please log a financial account number, including a credit and/or debit card number, a bank account number, an investment account number, and/or an insurance account number, except the last four digits or letters thereof. 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. (5) In all original creditor and debt buyer actions, the affidavit of non-expiration of statute of limitations set forth in subsection (e), effective October 1, 2014. - Civil Court of the City of New York (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. (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. (3) the nature and amount of the plaintiff's claim, giving dates and other relevant information. (a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. The transfer of now existing positions may be effectuated . Both positions must be within the competitive class. (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. . Section 208.4-a Electronic Filing in New York City Civil Court. For Tier 4 and 5 members, the cost is 3% of gross earnings plus interest to the date of payment. Si una demanda formal esta junto a la citacion, tache las palabras " citacion endorsada. 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. The petitioner shall also allege the following information: the multiple dwelling registration number, the registered managing agent's name, and either the residence or business address of said managing agent. (n) There May be Arbitration of Any Small Claims Controversy. The clerk shall stamp upon the summons the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county division in which the summons should be filed. 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. (a) Divisions of the court shall be designated as follows: (1) The Civil Court of the City of New York, County of Bronx. Section 208.13 Exchange of medical reports in personal injury and wrongful death actions. 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. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer. The clerk shall advise the claimant of the right of the claimant or the defendant to request an evening hearing, which shall not be so scheduled if it would cause unreasonable hardship to either party, and the clerk shall schedule the hearing so as to minimize the defendant's time away from employment. 208.26 [Reserved] Telephone number: Attorney 2 for (other party) Such day- certain actions shall be taken into consideration in determining the number of actions held for counsel under section 208.25 of this Part when they appear on the ready calendar. 2023 Career Mobility Office, New York State Department of Civil Service, Civil Service Examinations, How to Take a Written Test, Glossary of Titles Inquiry Tool (GOT-IT), New York State Department of Civil Service. search. (4) Where there is an issue of fact to be tried the court may, in its discretion, order an immediate trial of such issue, in which event the action shall be referred to the administrative judge or a designee for assignment. 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. Criteria for a 70.1 transfer are: Section 70.4 allows for transfers of permanent employees to other titles under special circumstances. 8. (2) Actions announced "ready" on the call of the calendar shall be assigned in order to the available trial parts. The seniority of an employee on educational leave of absence pursuant to the military law shall accrue for purpose of suspension pursuant to section eighty of the civil service law during the period of such absence and the employee may in the same manner as all regular candidates file for and compete in any scheduled promotion examination held during the period of absence for which the employee meets the eligibility requirements, but inability to file or to appear for the examination at the regularly scheduled time and place because of such absence shall not be sufficient grounds for granting a special examination. You cannot be arrested or sent to jail for owing a debt. Proof of such service shall be filed electronically. N.J.A.C. (d) A defendant's time to move or answer may be extended by ex parte order no more than once, and for no longer than 10 days beyond the expiration of the original time to answer, and only if there has been no previous extension by consent. (d) In opening to the jury on the liability phase of the trial, counsel may not discuss the question of damages. Original Source: In a summary proceeding to recover possession of real property, commenced electronically in accordance with this section, only the proof of service needs to be e-filed. (8) A penalty action for an immediately hazardous violation shall be commenced by an order to show cause, returnable within five days, or within a lesser time period in the discretion of the court. pursuant to the provisions of section one thousand two hundred four of (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. Transfer and Change of Title 100-5R3 Subject: Transfer and Change of Title Supersedes: Personnel Services Bulletin No. __________, COUNTY OF ______________ INDEX NO. Address: The clerk or his or her designee may scan and e-file documents that were filed in hard copy in an action subject to e-filing or maintain those documents in hard copy form. "Uniformed Force Managers" are in the civil service titles, ranks, details and assignments listed in PO 88/6, Lump Sum Payment on Final Separation of Uniformed Attendance by counsel or pro se party at the calendar call shall not be required unless: (i) a party intends to make an application to the court that is not on the consent of all parties; (ii) attendance of counsel or oral argument is directed by the court; or. LANDLORD`S GUIDE TO COHOES. You may also view the lists in person in our office; Monroe County Department of Human Resources, Room 210, 39 W. Main Street, Rochester, NY 14614-1471 during normal business hours, Monday through Friday, 9:00 a.m. until 5:00 p.m. (a) Such proceedings involving residential property shall be commenced in the housing part. A Guide to Small Claims Court is available at the court listed above. If the claimant, 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. 78 Transfer of personnel upon the abolition of positions in state civil service Sec. 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. In person workshops are also available and held upon agency request. In addition, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides. sign in. 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. filed Sept. 22, 1993 eff. 111 Centre Street Section 208.10 Calendaring of motions; uniform notice of motion form. Access to government websites and applications will now require the use of up-to-date and secure web browsers. If the claimant fails or refuses to pay such filing fees, the court shall dismiss the case. The agency head concerned shall transmit to the commissioner of citywide administrative services such consent together with a statement of the reasons therefor. Section 52.6 of the Civil Service Law allows transfer between administrative titles at the same or similar salary grade. The presiding judge shall assign the individual cases to housing judges and Civil Court judges, except actions and proceedings to be tried by jury shall be tried before a judge of the Civil Court. commission or other instrumentality of government on whose behalf such construed to include the police department of a city of one million or Usted debe presentar esta notificacin y cualesquiera documentos legales que haya recibido. 208.27 Submission of papers for trial RULE 3. Historical Note 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. 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. 208.23 Call of reserve, ready and general calendars Whether you are a New York State employee or not, please see the pamphlet called Civil Service Examinations, How to Take a Written Test to learn more about the entire examination process including: why examinations are held, how to read the announcement, how to fill out the application, what to expect on test day, etc. (b) Where the parties agree to arbitrate a claim under NYCCCA 206, arbitration proceedings shall be conducted in accordance with CPLR article 75. Agency Human Resource Offices should call or e-mail CMO (2) Form of summons. Additional parts, including parts with special or limited functions, may be established from time to time by order of the Chief Administrator for such purposes as may be assigned by the Chief Administrator. No default judgment based on defendants failure to answer shall be entered if the additional notice is returned to the court as undeliverable, unless the address at which process was served matches the address of the defendant on a Certified Abstract of Driving Record issued from the New York State Department of Motor Vehicles. What eligible lists am I on? (b) 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 eviction proceedings involving residential property under Article 7 of the Real Property Actions and Proceedings Law (other than in proceedings brought on the ground that the respondent has defaulted in the payment of rent). DC 37 is New York City's largest public employee union, represents about 150,000 members and 89,000 retirees. (3) The summons also shall contain a translation in Spanish as follows: !NO LA BOTE! New York State Office of Temporary and Disability Assistance. (b) Omission or Redaction of Confidential Personal Information in Civil Actions and Proceedings. Claims Part, held at________________. Historical Note Procedures for the enforcement of money judgments under . Civil Service Section 131.4. A career or career-conditional employee of one agency may transfer, without a break in service of a single workday, to a competitive service position in another agency without competing in a civil service examination open to the public. Rules and Instructions. filed Oct. 29, 1990; amds. In a sense, at this point, each employee . on____ , 19____, at ____ o'clock ____ M., in the Small Section 208.18 Calendars of triable actions. (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.