(9) Upon the signing of an order to show cause and prior to the service thereof, the clerk of the housing part shall issue an index number. 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) 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. 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. We welcome your participation in our examinations program. As a New York State Employee can I transfer only once in my career? 44, No. When an e-filing party serves a document in hard copy on a non-participating party, the document served shall be a true copy of the e-filed document and shall bear full signatures of all signatories. If a test guide is provided for an examination, information about the guide will appear on the examination announcement. Search Our Quicklinks. (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. filed Nov. 12, 1998 eff. into SLMS to view the webinar. 208.14-a Proof of Default Judgment in Consumer Credit Matters discovery. (2) The Civil Court of the City of New York, County of Kings. Pay Plans covered in this Directive are those for career and salary plan employees, managerial employees, and uniformed force managers. (1) At the time of the filing with the clerk of a notice of petition with proof of service in a summary proceeding under article 7 of the Real Property Actions and Proceedings Law involving residential property, the petitioner shall submit to the clerk a stamped postcard containing a written notice addressed to the respondent, in both English and Spanish, in a form approved by the chief administrator of the courts and posted on the website of the Unified Court System. The case is ready for trial. 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. Sec. NS Positions to Salary Graded Positions . Current through rules effective February 19, 2023. A trial part is a part of court for the trial of civil actions and for the hearing and determination of all motions and applications, including orders to show cause, made after an action is assigned to a trial part. Housing Court Clerk 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. (b) Where a bifurcated trial is ordered, the issues of liability and damages shall be severed and the issue of liability shall be tried first, unless the court orders otherwise. (c) Within five days after the action is filed, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, at one of the addresses required by NYCCCA 1803-A, as shall be deemed necessary, a signed notice bearing the seal of the court, which shall be in substantially the following form: Take Notice that.. asks judgment in this Court against you for $ ____, together with costs, upon the following claim: ________________________________________________. 208.36 Infants' and incapacitated persons' claims and proceedings Upon the pretrial conference of an action, the judge presiding shall consider with counsel and parties the simplification and limitation of the issues and the obtaining of admissions of facts and of documents to avoid unnecessary proof, as well as the ultimate disposition of the action by settlement or compromise. You may request that the hearing be scheduled during evening hours if you do so within 14 days of receipt of this notice. Address: 208.37 Executions Title 3 Banking. (2) such person shall execute a prescribed waiver, in writing, with respect to claims for back pay, civil service rights and status for the period of the dismissal. one million or more persons, or the police department established Memphis, find out their criminal charges, the amount of their bond, when they can get visits or even view their mugshot, go to the official Inmate Search Jail Roster, or call the jail at 901-377-4500 for the information you are looking for.Consisting of two correctional facilities for men and women, the Shelby County Jail in . Notwithstanding the provisions of subdivision one of this section or any other provision of law, any permanent employee in the competitive class who meets all of the requirements for a competitive examination, and is otherwise qualified as determined by the state civil service commission or the municipal civil service commission, as the case may be, shall be . If a preference is granted, the action shall be placed on a ready calendar for a day certain ahead of all nonpreferred pending cases, as directed by the court, unless the court otherwise orders. (2) Proposed counterorders 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 two days, or by mail, not less than seven days, before the date of settlement. Amended (c). Sec. Section 208.42 Proceedings under article 7 of the Real Property Actions and Proceedings Law. The court may also require the attendance of parties, and in the event of failure of attendance by attorneys or parties, the court shall have the same powers with respect to dismissals, defaults, or both as it might exercise when a case is reached for trial. (b) Omission or Redaction of Confidential Personal Information in Civil Actions and Proceedings. Title 1 Department of Agriculture and Markets. (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 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. 1If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order. Section 25.1 Application. The face of the envelope also shall contain, in the form of a return address, the appropriate address of the clerk's office to which the defendant should be directed. Applications to the calendar judge shall be made on notice and must be made before the action is advanced to the ready calendar. (f) Where all parties appear by attorneys, the case may be transferred to the appropriate county division of the Civil Court of the City of New York, and the claimant shall pay any additional filing fees required by law. (5) The arbitrator shall make an award in writing and file the same forthwith, together with his or her opinion, if any, with the clerk of the small claims part. Si usted no presenta una contestacin, el tribunal puede emitir un fallo monetario en contra suya. Amended (a)-(e), (g)-(h), (k). PDF NYS Civil Service Layoff Booklet for NYS Employees Sec. necessary completed. (f) When a notice of trial and certificate of readiness is filed pursuant to section 208.17 of this Part in an action to which this section is applicable, the filing party, in addition to complying with all other applicable rules of the court, shall file with the notice of trial and certificate of readiness an affirmation or affidavit, with proof of service on all parties who have appeared, showing specific compliance with the preliminary conference order or with the so-ordered stipulation provided for in subdivision (c) of this section. (a) Divisions of the court shall be designated as follows: (1) The Civil Court of the City of New York, County of Bronx. As a New York State employee, what examinations can I take? (2) The clerk promptly shall mail the postcard to the respondent at the premises and at any other address at which process was served in the summary proceeding. Actions shall be called in order and shall be announced "ready," "ready subject to engagement," or "disposed." PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED). (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. There shall be as many ready calendars with such classifications of actions as the Chief Administrator shall direct. The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days. Housing Court Clerk (a) There shall be compliance with the procedures prescribed in the NYCCCA and the CPLR for the bringing of motions. The transfer of now existing positions may be effectuated No employee . 208.5 Submission of papers to judge (i) Orders transferring cases pending in other courts which are subject to the provisions of this section, whether or not such cases are consolidated with cases pending in the court to which transferred, shall contain such provisions as are required to bring the transferred cases into compliance with this rule. Section 208.31 Restoration after jury disagreement, mistrial or order for new trial. For purposes of this rule, confidential personal information (CPI) means: i. the taxpayer identification number of an individual or an entity, including a social security number, an employer identification number, and an individual taxpayer identification number, except the last four digits thereof; ii. This site is updated frequently as new announcements are added. Transfer between Federal Agencies. Yes! (f) The affidavits required by this section may not be combined. (a) Motion Parts and Calendars. (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. hlA@qdY! 6H`) At such time or times and in such manner as the Chief Administrator may direct, a call shall be made of all actions on the general calendar not reached on a ready calendar. Section 208.22 Pretrial and prearbitration conference calendars. As a New York State employee you may take any and all examinations that you meet the minimum qualifications. (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. Historical Note (c) During the voir dire conducted prior to the liability phase of the trial, if the damage phase of the trial is to be conducted before the same jury, counsel may question the prospective jurors with respect to the issue of damages in the same manner as if the trial were not bifurcated. Attorney 2 for (other party) 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. city is authorized to negotiate collective bargaining agreements. (b) In the case of an employee covered by the provisions of section seventy-five of the civil service law such absence shall constitute a cause for action against such employee under and subject to the provisions of that section. 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. Medical reports may consist of completed medical provider, workers' compensation, or insurance forms that provide the information required by this paragraph; and. (3) Where a person submitting a paper to a court for filing believes in good faith that the inclusion of the full confidential personal information described in subparagraphs (i) to (iv) of paragraph (1) of this subdivision is material and necessary to the adjudication of the action or proceeding before the court, he or she may apply to the court for leave to serve and file together with a paper in which such information has been set forth in abbreviated form a confidential affidavit or affirmation setting forth the same information in unabbreviated form, appropriately referenced to the page or pages of the paper at which the abbreviated form appears. Transfers are limited to two salary grades (or one M grade) above the employees current salary grade. A pretrial conference calendar is for actions awaiting conference in a pretrial conference part. 170 East 121 Street police officers levels I-IV to positions of Suffolk county police (g) If service of notice cannot be effected upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice. Proceedings under article 7 of the Real Property Actions . Launch Document. Application of Part; waiver; additional rules;. Amended on July 13, 2020. July 24, 2002. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. Civil Service Section 131.4. (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. (a) Application. Civil Nature of Suit Code Descriptions . The Rules of the City of New York. IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT EVEN THOUGH YOU MAY HAVE A VALID DEFENSE. endstream endobj 67 0 obj <>stream (c) Reserve Calendars. (b) Such reinstatement may be made only if the separation from employment was without fault or delinquency on the employee's part and the head of the agency to whom the employee has applied for such reinstatement is willing to reinstate the employee. filed Oct. 29, 1990; amds. (d) In opening to the jury on the liability phase of the trial, counsel may not discuss the question of damages. . (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. We will always provide free access to the current law. (k) Where, after a claim is filed with the clerk, either party to the action desires to implead one or more additional defendants, the clerk shall, upon receipt of the proper fees, issue and mail a notice of claim to each additional defendant under the procedure set forth above. (b) The head of the agency wherein such reinstatement occurs may elect to waive the requirement of satisfactory completion of the probationary term at any time during such term. . When moving to a new department, the process normally includes transferring an employee's: HR record. DON'T THROW IT AWAY!! Nov. 5, 1998. What is a 70.1 transfer? . July 24, 2002. (d) There shall be no more than two adjournments of the examination of a judgment debtor or other person, including a garnishee, unless such additional adjournment is approved and such approval is noted on the papers by the judge presiding at a motion part. There shall also be one or more small claims parts in each division for the hearing and disposition of all small claims proceedings, as the Chief Administrator may establish. If the defendant consents to a judgment imposing a civil penalty, no inquest is required to be taken, and judgment shall be entered on consent by direction of the court. (3) Motion Part. There will be a hearing before the Court upon this claim on.., 19.. , at .. o' clock .. M, in the Commercial Claims Part, held at .. You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth. The notice shall contain a link to a copy of the initiating documents to which shall be affixed an index number for the matter and a filing stamp showing the date of filing of the documents and to which there may also be affixed, as the court may require, an image of the signature of the Chief Clerk. (i) If at the hearing it shall appear that the defendant has a counterclaim in an amount within the jurisdiction of the part for the hearing of small claims, the judge may either proceed forthwith to hear the entire case or may adjourn the hearing for a period of not more than 20 days or as soon thereafter as may be practicable, at which adjourned time the hearing of the entire case shall be had. Select "Title Search. If you fail to file a counterclaim within this five- day period, you retain the right to file the counterclaim until the time of the hearing, but the claimant may request and obtain an adjournment of the hearing to a later date. The consent must be filed with the clerk of the commercial claims part. (2) Trial Part. Civil Service Law, Rules and Regulations . Historical Note Phone: (518) 447-7770. (j) The housing part shall be presided over by a judge of the Civil Court or, in the discretion of the administrative judge, by a housing judge. (b) Applicability. 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. Transfer and Change of Title 100-5R3 Subject: Transfer and Change of Title Supersedes: Personnel Services Bulletin No. The rule of three means that agencies count down the first three people on the list AND these three people, plus anyone else at the third persons score are the eligibles they can consider to fill a position. THE RULES OF THE CITY OF NEW YORK - American Legal Publishing Corporation (j) An oath or affirmation shall be administered to all witnesses. Notwithstanding the provisions of paragraph 6.1.1 of this section or any other provision of law, any permanent employee in the competitive class who meets all of the requirements for a competitive examination, and is otherwise qualified as determined by the commissioner of citywide administrative services, shall be eligible for participation in a non-competitive examination in a different position classification provided, however, that such employee is holding a position in a similar grade. Historical Note (b) In computing the aforementioned time limitation, any time subsequent to separation spent in active service in the armed forces of the United States or of the State of New York resulting in discharge under honorable conditions and any time spent subsequent to separation in another position in the civil service of the city shall not be considered. (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. When it shall appear to the satisfaction of the judge presiding that a party to an action or a witness necessary upon the trial is in military service, and is not presently available for trial, and that a deposition cannot be taken, or, if taken, would not provide adequate evidence, the case shall be designated "military" and transferred to a military calendar. Determining an employees salary is a complex matter, which is handled by the Office of State Comptroller through your agency Personnel or Finance Office. Usted debe dirigirse a las ventanillas del secretario del tribunal, localizada en la direccin enumerada en el frente del sobre que recibi, tan pronto como le sea posible, para responder a la demanda presentando una "contestacin." (b) Venue of Transitory Action Laid in Wrong County Division. (b) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, if made returnable in the court, shall be filed with the clerk of the appropriate motion part, with proper affidavits of service, at least two court days before the return day, except where service was made too late for filing within such time, in which event filing before the hour of the return shall suffice and the clerk shall list all such upon the calendar. (g) Where all parties appear by attorney, the case shall be transferred to the appropriate county division of the Civil Court of the City of New York, and the claimant shall pay any additional filing fees required by law. Actions transferred from the Supreme Court to the Civil Court of the City of New York shall be placed in such order and relative position on the appropriate calendars that they will be reached for trial insofar as practicable as if a notice of trial had been filed in the Civil Court of the City of New York for the same date as that for which the note of issue was filed in the Supreme Court. Do you know where to start? Oct. 1, 2014. By order of the Chief Administrator, proceedings and matters may be transferred, as the Chief Administrator deems necessary, from one part of court to another in the same division, regardless of the denomination of the parts. These addresses are: Bronx County (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. search. (c) Where the plaintiff is the original creditor, the plaintiff must submit the AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR. When such a call is held, the actions thereon, if marked "ready," shall be passed and subsequently added to the ready calendar, or may be marked "disposed" or stricken from the calendar, as may be appropriate. To qualify for regular retirement, employees must have at least 30.Concurrent Retirement and Disability Pay (CRDP) allows military retirees to receive both military retired pay and Veterans Affairs (VA) compensation. Lateral Transfers - Office of the New York State Comptroller filed Jan. 9, 1986; amds. entrepreneurship, were lowering the cost of legal services and Section 208.43 Rules of the housing part. Should New York State employees take Open Competitive Examinations? (iv) Where a summary proceeding under Article 7 of the Real Property Actions and Proceedings Law involving residential property is commenced electronically, NYSCEF shall provide the petitioner with the option, in lieu of submitting a stamped postcard containing the written notice required by section 208.42(i) of these rules, of having the clerk of the court mail such notice to the respondent or, if there be more than one respondent, to all of them. (h) Rules of evidence shall apply in all actions and proceedings in the housing part. 208.4-a Electronic Filing in New York City Civil Court 5. (b) The following form is to be used in all cases: YOU ARE HEREBY SUMMONED to appear in the Civil Court of the City of New York, County of.. at the office of the Clerk of the said Court at .. in the County of .. City and State of New York, within the time provided by law as noted below and to file your answer to the (endorsed summons) (annexed complaint) [FNa1] with the Clerk; upon your failure to answer, judgment will be taken against you for the sum of $.. with interest thereon from the .. day of .. 19.. , together with the costs of this action.