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New York Ex parte motion to dismiss handicapped parking ticket, supporting affidavit, and consent to adjudication by a Judicial Hearing Officer (JHO)

State:
New York
Control #:
NY-SF-38
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Description Motion Dismiss Form

Ex parte motion to dismiss handicapped parking ticket, supporting affidavit, and consent to adjudication by a Judicial Hearing Officer (JHO)

A New York Ex parte motion to dismiss handicapped parking ticket, supporting affidavit, and consent to adjudication by a Judicial Hearing Officer (WHO) is a legal document filed in court by an individual who has received a ticket for parking in a designated handicap spot without the proper documentation or permit. The individual must submit this motion in order to contest the ticket and have the case heard by a Judicial Hearing Officer instead of a judge. The motion must be accompanied by a supporting affidavit, which must provide evidence that the individual is disabled and entitled to use the handicap spot, and a consent to adjudication form, which allows the case to be heard by a Judicial Hearing Officer. There are two types of New York Ex parte motions to dismiss handicapped parking ticket, supporting affidavit, and consent to adjudication by a Judicial Hearing Officer (WHO): 1. Motion to Dismiss: The individual must provide evidence that they are entitled to use the handicap spot and that their parking ticket should be dismissed. 2. Motion to Adjudicate: The individual must provide evidence that they are entitled to use the handicap spot and that the case should be heard by a Judicial Hearing Officer. Both types of motions must be accompanied by a supporting affidavit and consent to adjudication form in order to be considered by the court.

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Parte Affidavit Other Form Names

New York Dismiss  

FAQ

An Order to Show Cause is a method that a party may use to request that the court reopen their case, usually after a default judgment has been entered.

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.

Responding papers are due two days before the motion date. If the motion is served sixteen days in advance instead of eight, then answering papers or a cross motion must be served seven days before the motion date. Any reply is due two days before the return date.

How do I start my Small Claims or Commercial Small Claims case? You or someone else may start your case by filling out a Complaint Form (DC-283). The Complaint Form describes your claim to the Court. You may file by mail or you may file in person at one of the District Court courthouses.

A Proposed Order to Show Cause (OSC) is a request for a court order that can only be made after a lawsuit has been started. The party (plaintiff or defendant) presenting the Proposed Order to Show Cause is known as the movant. - There is a $45 fee to file a Proposed OSC with the court.

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.

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.

More info

If filed, the appendix must include all affidavits, deposition transcripts, or other documents supporting the relied upon facts. All motions must state.21 Citing Ex parte Yarbrough, 110 U.S. 651 (1884); Wiley v. Sinkler, 179 U.S.. 58 (1900). To say that the court "must" dismiss might distract attention from the alternative authority to extend the time and grant a motion to substitute. Hearings on Motions To Waive Juvenile Justice Court Jurisdiction and Transfer. Jurisdiction To Criminal Court. Acknowledgments: This project was supported with funding from the State Justice Institute (SJI-17-P-199). Unable, to reach an agreement with the opposing party. Selected Model Judicial Petitions and Orders.

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New York Ex parte motion to dismiss handicapped parking ticket, supporting affidavit, and consent to adjudication by a Judicial Hearing Officer (JHO)