New York How to Commence Special Proceeding is a process wherein a party initiates a special proceeding, such as an Article 78 proceeding, foreclosure action, or other action, in the state of New York. The party may be an individual, corporation, or other legal entity. The purpose of this process is to seek judicial review of a decision or order of an administrative agency, court, or other governmental body. The process begins with the filing of a petition that sets forth the facts of the case and the relief sought. This petition may be filed with the Supreme Court or the County Clerk's office, depending on the type of proceeding. The petition must be verified, meaning that it must contain an affidavit or a sworn statement by the petitioner that it is true and correct. The petitioner must also serve a copy of the petition on the respondent. The respondent then has the opportunity to answer the petition, either admitting or denying the facts set forth therein. If the respondent denies the facts, the petitioner has the right to request a hearing to present evidence in support of the facts alleged in the petition. Types of New York How to Commence Special Proceeding include Article 78 proceedings, special proceedings under the CPR (Civil Practice Law and Rules), foreclosure actions, and other proceedings.
New York How to Commence Special Proceeding
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In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
"In order to obtain a court order you must prepare a Petition, which outlines you were are, what the relationship is to the person whose birth record you want, along with the purpose for the record. You may want to attach any documents you may have supporting your reasons for your request for a Supreme Court Order.
Article 78 proceedings are lawsuits mainly used to challenge an action (or inaction) by agencies of New York State and local governments. Article 78 proceedings are also sometimes filed against judges, tribunals, boards, and even private companies whose existence is based on statutory authority.
Submitting the Order to Show Cause (OSC) Papers to the Court G Go to the Ex Parte Office, 60 Centre Street, Room 315, 3rd floor. Give the Clerk the original OSC papers (and original RJI and one copy, if the case is not assigned to a Judge).
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.
Requirements for Contempt of Court There must be a clear order from the court in place. The person in question knew about the order, even if it was not formally served to them by a process server. The person has disobeyed the order, either by ignoring it or by purposefully acting in opposition to the order.
A Special Proceeding provides an abbreviated telephonic hearing for parties with claims of $50,000 or less, exclusive of interest and expenses.
Making an Order to Show Cause 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.