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New York How to Commence a Civil Action

New York How to Commence a Civil Action

Name: New York How to Commence a Civil Action
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.56 (380 reviews)

Category:

New York Local County - 6th Judicial District - General

State:

New York

Control #:

NY-6JD-26

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How to Commence a Civil Action

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FAQ

New York law requires that papers commencing a special proceeding must be filed with the County Clerk and that an identifying number, an Index Number, be obtained. The petitioner should go to the County Clerk's Office (Room 118). The petitioner will have to purchase an Index Number from the cashier (cost $210.00).

You usually have to file your Article 78 proceeding in the New York State Supreme Court. Each county has its own Supreme Court. The Supreme Court is usually located at the County Courthouse. There is a ?Court Locator? link at nycourts.gov with contact information.

Some examples of when an Article 78 in the form of a Mandamus to Review would be used are such things as the denial of a request for a rent increase in a rent stabilized housing unit, the denial of pistol permit applications, a guilty finding in a DMV Traffic Violations Bureau hearing, and a finding of child abuse or

A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis.

You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.

In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.

Article 78 Proceedings must be filed within four months of the date you receive the decision you want to appeal. If you do not file within that time period, you will likely be prevented from pursuing your appeal.

N.Y. Civil Practice Law and Rules (CPLR) 320(a) provides three ways in which a defendant may appear in an action: (1) serving an answer; (2) serving a notice of appearance; or (3) making a motion which has the effect of extending the time to answer.

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Both pages must be completed. This summons cannot be used for divorce actions.The Process To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and "serves" a copy of the complaint on the defendant. The Basics ; The plaintiff files a complaint to initiate a lawsuit. ; The defendant files an answer to the complaint. To start a case, you will need to file a petition, complaint, statement of claim, or similar document. For more information about service requirements to start a civil action, go to the Service link on the ND Legal Self Help Center website. In some cases, you can get a complaint or petition form from the court or from the Trial Court's website. As the plaintiff, you must fill out the civil complaint form entirely. If you are suing both a husband and wife, write both their full names.

New York How to Commence a Civil Action

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FAQ

How do I commence a special proceeding in New York county?

How do I get an Article 78 proceeding?

What is an example of Article 78?

What is the first step in a civil action?

How do I start a civil case in NY?

How do you commence an Article 78 proceeding?

How long do you have to file an Article 78 proceeding?

What are the ways of appearing in an action in New York State?

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