A New York Order To Show Cause With T.R.O. Special Proceeding General (otherwise known as an NTSC) is a document filed in a New York court to commence a special proceeding when an ex parte temporary restraining order (TO) is required. This document is used to challenge a party to a legal proceeding to show cause as to why they should not be bound by an order or why the court should not issue the TO. The Order To Show Cause sets forth the specific reasons why the court should grant the TO and the type of relief sought. A New York Order To Show Cause With T.R.O. Special Proceeding General may be used in a variety of circumstances, including: 1. To restrain a party from engaging in specific activities or actions; 2. To prevent a party from transferring, encumbering, or disposing of property; 3. To enjoin a party from engaging in activities that would interfere with the rights of another; 4. To preserve evidence; 5. To force a party to appear in court; 6. To appoint a receiver; 7. To order the production of documents; 8. To compel a party to comply with a contract provision; 9. To grant or deny temporary relief; and 10. To set a hearing date for the order to show cause. In addition to these general types of cases, there are also specific types of New York Order To Show Cause With T.R.O. Special Proceeding General that can be used for foreclosure, eviction, repletion, or to issue an injunction in a civil action.
New York Order To Show Cause With T.R.O. Special Proceeding General
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FAQ
A Special Proceeding provides an abbreviated telephonic hearing for parties with claims of $50,000 or less, exclusive of interest and expenses.
To commence a special proceeding you need to file the following with the County Clerk's Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.
An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.
An order to show cause against a state body or officers must be served in addition to service upon the defendant or respondent state body or officers upon the attorney general by delivery to an assistant attorney general at an office of the attorney general in the county in which venue of the action is designated or if
The OSC tells the court and the other side what the movant wants the Judge to do. If the movant wants the Judge to order something right away that can't wait until the court date, the OSC must say this too. For example, the OSC can ask the Judge to stop an eviction until the court date.
Some of the most common examples of a conflict of interest that would lead an assigned judge to recuse themselves voluntarily include situations in which: They have a familial relationship to one of the attorneys involved in the case. They have a possible financial interest in the result of the case.
A special proceeding can only be used where it is specifically authorized by a statute. There are a number of these, but generally, they relate to challenging the action or determination of a governmental officer or agency. See, Civil Practice Law and Rules (CPLR for short) Article 78.