The New York Order Extending Plaintiff's Time to Serve is an order issued by a court in the state of New York that gives the plaintiff more time to serve the defendant with a summons and complaint. This order is typically used when the plaintiff has difficulty serving the defendant due to an unresponsive address, the defendant's evasive tactics, or other special circumstances. There are two types of orders that can be issued: a general extension of time to serve and an order granting a specific period of time. The general extension of time to serve grants an additional period of time for the plaintiff to serve the defendant. The order granting a specific period of time outlines the exact amount of time that the plaintiff has to serve the defendant. Both types of orders must be requested by the plaintiff and are typically granted by the court.
New York Order Extending Plaintiff's Time to Serve
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FAQ
A timely motion to dismiss pursuant to CPLR §3211(a) extends the Defendant's time to serve the answer until ten (10) days after an order issued by the court in regard to the motion has been entered and notice of entry has been provided.
Motion for Extension of time is an application requesting the court to extend the time allowed for the completion of some act , when that act may or must be done within a specified time.
(1) A motion for continuance, extension, or waiver of the time standards provided by law and found in this rule must be in writing and signed by the requesting party. On a showing of good cause, the court must allow a motion for continuance or extension to be made ore tenus at any time during the proceedings.
Request the court for an extension If the plaintiff doesn't agree to the extension, you can go ahead and request the court to grant you an extension by filing a motion to extend time. To do this, submit an affidavit requesting an extension. Ensure the affidavit has the name of the case and the case number at the top.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
You have only 21 days after being served with the Summons and Complaint to file a response. If you need additional time, or have missed the deadline, it is normally best to contact the opposing side's lawyer right away and make arrangements. The Legal Help Centers (see page 1) can explain the process.
This Stipulation to Extend Time to Respond to Complaint (NY) is a standard form that attorneys can use to extend a defendant's time to file a responsive pleading or motion to dismiss in a civil action in New York Supreme Court on consent without prior permission from the court.
This Stipulation to Extend Time to Respond to Complaint (NY) is a standard form that attorneys can use to extend a defendant's time to file a responsive pleading or motion to dismiss in a civil action in New York Supreme Court on consent without prior permission from the court.