Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict, shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence. (4) The Civil Court of the City of New York, County of Queens. State employees may be able to take Promotional Examinations which are usually based upon your current title and/or a title that you held in the past You may also take Open to All Qualified Individuals examinations which are usually based upon your educational background or previous work experience. 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. (2) Where a purchaser, borrower or debtor is a defendant, the summons shall have set forth beneath the designation of the basis of venue the county of residence of a defendant, if one resides within the State, and the county where the consumer credit transaction took place, if it is within the State. Telephone number: Attorney 2 for (other party) (3) If no party appears, the judge may strike the action from the calendar or make such other order as appears just. (5) The arbitrator shall make his or her award in writing and file the same forthwith, together with an opinion, if any, with the clerk of the commercial claims part. A form of stipulation and order, prescribed by the Administrative Judge, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure. (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. 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 . You can also email us at csinfo@albanycounty.com. Notwithstanding the Section 208.17 Notice of trial where all parties appear by attorney. Can New York State employees take Open Competitive Examinations? (b) All papers which are to be included in the return on appeal and prepared by the appellant as required by the applicable provisions of the CPLR, shall be furnished by the appellant to the clerk at the time of filing the notice of settlement provided in section 1704 of the NYCCCA. For details on the duration of the probationary term for a specific type of appointment, contact the Personnel Department. The court may permit counsel to leave, provided counsel remain in telephone contact with the court. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. Address: I am a current New York State employee, how do I find out about job vacancies? to end the State Civil Service Commission's authority over the city's hiring practices, downgrade Civil Service tests, change disciplinary rules, end seniority and abolish the triborough Amendment. At such times as the Chief Administrator of the Courts shall prescribe, there shall be a call of actions on the reserve calendars in sequence and in sufficient number to insure a steady supply of cases to the ready calendar. search. 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. 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. Sign up for our free summaries and get the latest delivered directly to you. Sec. If, upon such examination, such examiner shall certify that such person is physically and mentally fit to perform the duties of the former position, such person shall be reinstated to it, if vacant, or to a vacancy in a similar or lower position in the same occupational field or to a vacant position for which such person was eligible for transfer. Current through rules effective February 19, 2023. (a) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, in connection with the enforcement of money judgments, as well as adjournments thereof if made returnable in the court, shall be returnable in such motion part of each county division of the court as may be designated by the Chief Administrator of the Courts. (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. Historical Note 208.36 Infants' and incapacitated persons' claims and proceedings 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. Click the title you wish to view. What is a 70.4 transfer? Housing Court Clerk Feb. 9, 1987. 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 . (c) No adjournment of an examination shall be valid unless reduced to writing and a copy thereof delivered to the judgment debtor or other person, including a garnishee, at the time of such adjournment, and his acknowledgment of the receipt thereof is endorsed on the original. city is authorized to negotiate collective bargaining agreements. 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. filed Nov. 12, 1998 eff. Section 208.11 Motion parts; motion calendars; motion procedure. A reserve calendar is for actions in which a notice of trial, conforming to section 1301 of the NYCCCA, and a certificate of readiness have been filed. Medical reports may consist of completed medical provider, workers' compensation, or insurance forms that provide the information required by this paragraph; and. You may request that the hearing be scheduled during evening hours if you do so within 14 days of receipt of this notice. (a) Where an employee has been separated from the service by reason of a disability resulting from occupational injury or disease as defined in the workers' compensation law, such employee shall be entitled to a leave of absence for at least one year unless the disability is of such a nature as to permanently incapacitate the employee from the performance of the duties of the position. 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. filed Jan. 9, 1986 eff. any . We help make sure that San Francisco hires and promotes the best-qualified people for City jobs. Please keep in mind that even though the titles listed are approved titles for transfer, you still need to meet the requirements for transfer. open ny catalog developers. Civil Court of the City of New York 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. (b) Pretrial Conference Calendar. Pistol license applications are submitted to the Westchester County Department of Public Safety. VENGA EN PERSONA Y EL SECRETARIO DE LA CORTE LE AYUDARA. (b) There are hereby designated within the department of health the following separate units for suspension or demotion: (1) urine testing laboratory of the methadone maintenance treatment program; (2) Williamsburg methadone maintenance clinic of the methadone maintenance treatment program; (3) evaluation and control unit of the methadone maintenance treatment program. (2) that the premises are a multiple dwelling and, pursuant to the Administrative Code, sections 27-2097 et seq., there is a currently effective registration statement on file with the office of code enforcement in which the owner has designated a managing agent, a natural person over 21 years of age, to be in control of and responsible for the maintenance and operation of the dwelling. 208.14 Calendar default; restoration; dismissal Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper. (j) No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with the provisions of this section and any order issued pursuant thereto. (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. Such an order may be made only upon motion on notice showing in detail, by affidavit, the facts claimed to entitle the moving party to relief under this subdivision. Added (b) on December 23, 2015effective April 1, 2016. Type in the title you wish to research and click the "search" button. (3) Motion Part. filed Jan. 9, 1986; amd. Candidates are selected off of the eligible list using the rule of three. If a test guide is provided for an examination, information about the guide will appear on the examination announcement. In order to be eligible for 70.1 transfer, candidates must have one year of permanent competitive or 55-b/55-c service in a qualifying title within two salary grades of the SG-12 level. Most positions working for New York State Government and almost all permanent positions with the Department of Environmental Conservation are covered by Civil Service Law. Should New York State employees take Open Competitive Examinations? April 17, 1998. If on a trial calendar, the calendar number is_____. If the notice is served by the party to be examined, the examining parties shall, within 10 days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. (f) If service of notice cannot be made upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice. (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. (b) Omission or Redaction of Confidential Personal Information in Civil Actions and Proceedings. 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. Brooklyn, NY 11231-1615, New York County (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. Civil Service will place the names of such employees on agency reduction transfer . Section 208.31 Restoration after jury disagreement, mistrial or order for new trial. pursuant to the provisions of section one thousand two hundred four of . A conference part is a part of court for the precalendar or pretrial conference of actions as may be provided by this Part or by order of the Chief Administrator. Judges Quicklinks. 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. (a) Such proceedings involving residential property shall be commenced in the housing part. 111 Centre Street If served by any party other than the party to be examined, the notice shall name the examining medical provider or providers. 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. Section 4.5 - Probation. Once placed on a calendar, the action shall remain thereon until disposed of, stricken, transferred or otherwise removed. (b) 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. NO TIENE DINERO PARA UN ABOGADO TRAIGA ESTOS PAPELES A LA CORTE IMMEDIATAMENTE. 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. Transfer of Suffolk county park officers levels I-IV to the (a) Additional mailing of notice on an action arising from a consumer credit transaction. (2) Parties participating in e-filing shall not be required to submit working copies of documents filed electronically. 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 (a corporation must be represented by an attorney or any authorized officer, director or employee). The Rules of the City of New York. (h) A party may move to advance the date of a preliminary conference upon a showing of special circumstances. 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. If you admit the claim, but desire time to pay, you must appear personally on the day set for the hearing and state to the Court your reasons for desiring time to pay. (Signature) ________________________ Transfer and Change of Title 100-5R3 Subject: Transfer and Change of Title Supersedes: Personnel Services Bulletin No. Office and P.O. (e) In any action to recover damages for personal injuries arising out of use or operation of a motor vehicle, plaintiff shall set forth in the complaint, whether in short or long form, the jurisdictional facts that permit plaintiff to maintain the action and avoid the bar of the Comprehensive Automobile Insurance Reparations Act. Amended 208.6(h) Sept. 15, 2014, eff. The purpose of these rules is to provide for the employees of the Unified Court System a career and merit system consistent with the Civil Service Law. (c) There are hereby designated within the department of mental health, mental retardation and alcoholism services the following separate units for suspension and demotion: (1) criminal and supreme court mental health program; (d) There are hereby designated within the department of citywide administrative services the following separate units for suspension or demotion: (1) executive offices, which shall include the commissioner's office, office of the general counsel, office of technology and information services, office of fleet administration and transportation and office of external affairs and communications; (2) offices of the chief financial officer and the chief administrative officer; (3) office of administrative trials and hearings; (4) division of facilities management and construction services; (5) division of municipal supply services; (7) division of citywide personnel services. (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). A general calendar is for actions in which issue has been joined. (2) Trial Part. Amended (f)(2). 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. Under the law, the Court may award $25 additional costs to the plaintiff if a jury trial is demanded by you and a decision is rendered against you. (3) The actions on the ready calendar must be answered by or on behalf of the trial counsel each day the calendar is called, unless otherwise ordered by the calendar judge, or unless trial counsel already has demonstrated an engagement during one or more days. Unless otherwise stipulated the examination shall be held not less than 30 nor more than 60 days after service of the notice. The appropriateness of transfer is decided on a title-by-title basis at the request of personnel offices of state agencies. We welcome your participation in our examinations program. 208.25 Engagement of counsel What are transfers? (b) if this summons is served by delivery to any person other than you personally, or is served outside the City of New York, or by publication, or by any means other than personal delivery to you within the City of New York, you are allowed THIRTY days after the proof of service thereof is filed with the Clerk of this Court within which to appear and answer. h24T0P04R0P04V01V+-()$X;hCE MX Except as provided in paragraph 6.1.9 of this section, an employee shall not be transferred to a position for which there is required an examination involving essential tests or qualifications different from or higher than those required for the position held by . Civil Service must approve the transferability of candidates between the two titles; you must have at least one year of permanent service in an appropriate title as determined by Civil Service; and, consecutive transfers may not result in more than a two salary grade or one M grade advancement. 7. Notwithstanding the provisions of any other section of law, general, special or local, any political subdivision maintaining a police department serving a population of one hundred fifty thousand or less and with positions for more than four full-time police officers, shall maintain the office of chief of police. (a) Application. 83.1. (g) In the discretion of the court, failure by a party to comply with the order resulting from the preliminary conference, or with the so-ordered stipulation provided for in subdivision (c) of this section, or the making of unnecessary or frivolous motions by a party, may result in the imposition upon such party of costs or such other sanctions as are authorized by law. NYS Public Officers Law: Code of Ethics for all NYS Employees This site is updated frequently as new announcements are added. The request shall state the title of the action; index number; date of joinder of issue; name, address, and telephone number of all attorneys appearing in the action; and the nature of the action. Historical Note You can see upcoming announcements for examinations that are Open to All Qualified Individuals on the internet. A Guide to Commercial Claims Court is available at the court listed above. You already receive all suggested Justia Opinion Summary Newsletters. Jamaica, NY 11435, Richmond County (1) For purposes of this section a consumer credit transaction means a revolving or open-end credit transaction wherein credit is extended by a financial institution, which is in the business of extending credit, to an individual primarily for personal, family or household purposes, the terms of which include periodic payment provisions, late charges and interest accrual. pension details. Section 208.41-a Commercial claims procedure. You should go to the court clerk's office at the address listed on the face of the envelope as soon as possible to respond to the lawsuit by filing an answer. You may wish to contact an attorney. (d) This paragraph shall not be deemed to modify or supersede any other provisions of law applicable to the re-employment of persons retired from the public service on account of disability. There shall be such motion parts and motion calendars as the Chief Administrator of the Courts shall designate. 927 Castleton Avenue What is a 70.1 transfer? (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. 208.10 Calendaring of motions; uniform notice of motion form - Civil Court of the City of New York Whenever an employee shall have been granted an educational leave of absence pursuant to the military law prior to the completion of the probationary term prescribed by these rules, such probationary term shall not continue to run during the period of absence, but the employee shall be required to serve the remainder of such prescribed term upon return to active duty in pay status in city service before the employment shall be considered permanent. En el caso que usted no entregue su contestacion, se dictara sentecia sumaria contra usted por incumplimiento por la suma demandada en la peticion de demanda. Section 208.23 Call of reserve, ready and general calendars. (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. 208.5 Submission of papers to judge 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. 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. New York State Office of Temporary and Disability Assistance. Historical Note (3) The summons also shall contain a translation in Spanish as follows: !NO LA BOTE! (c) Where the plaintiff is the original creditor, the plaintiff must submit the AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR. You cannot be arrested or sent to jail for owing a debt. (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. 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. The order of proof shall be determined by the court. A preliminary conference calendar is for the calendaring for conference of cases after issue has been joined for specific classes of cases designated by the Chief Administrator of the Courts. The following is intended as a guideline to help you decide if you meet the qualifications for posted job opportunities. All transfers require that . The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, and the name of the attorney or party submitting them. At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. (k) All applications for impleading shall be made to the judge of the calendar part or, if the case has been assigned for trial, to the trial judge. (i) Except as otherwise provided in subdivision (a) of this section, a party may commence any action in the Civil Court in any county (provided that e-filing has been authorized in that county and in the class of actions to which that action belongs pursuant to subdivision (a) of this section) by electronically filing the initiating documents with the clerk of the court through the NYSCEF site. An employee who has incurred a disability which prevents the employee from performing the normal duties of the position may be assigned during the period of such disability to other appropriate duties for which the employee is deemed duly qualified as determined by the commissioner of citywide administrative services. Section 52.6 of the Civil Service Law allows transfer between administrative titles at the same or similar salary grade. 1. The Civil Service Commission oversees the City's merit system. (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 Oct. 29, 1990; amds. Procedures for the enforcement of money judgments under . (4) Effective July 1, 2015, the affidavits set forth in subsection (d) shall be required in all debt buyer actions notwithstanding that the debt was purchased from an original creditor before October 1, 2014. The appropriateness of transfer is decided on a title-by-title basis at the . ___________, Plaintiff ___________________ Defendant _____________, ATTENTION: A lawsuit has been filed against you claiming that you owe money for an unpaid consumer debt. Forms Records. (b) No execution may be issued against any party who has appeared in person in any action and who defaults in answering either the original or an amended or supplemental complaint, unless a copy of the judgment has been duly served upon such party personally or mailed to such party, by certified mail, at the address stated in the notice of appearance or in the last pleading or paper filed by the party with the clerk, or at the address last furnished by the party to the clerk in writing. You can explore additional available newsletters here. (a) Applications for a day certain for trial shall be made to the calendar judge or, if no calendar part has been established, to the trial judge on an affidavit of the attorney of record or a stipulation of the attorneys for all parties, that trial counsel, a party or a material witness resides more than 100 miles from the courthouse or is in the military service or that some other undue hardship exists. 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. (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. , Cohoes, NY 12047 Phone: 518-237-0100 Fax: 518-233-1878.