Kings New York Letter in Lieu of Division and Transfer Orders

State:
Multi-State
County:
Kings
Control #:
US-OG-322
Format:
Word; 
Rich Text
Instant download

Description

This form is a letter used in Lieu of Division and Transfer Orders for the purposes of recognizing the ownership of Buyer of the interests in Leases assigned it by Seller, and as notice to begin accounting, to Buyer, for the identified interests in Leases assigned to it, as described in the Assignment.

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FAQ

1) RJIs Generally The fee for filing an RJI (UCS 840, revised 2012) is paid to the County Clerk via the New York State Courts Electronic Filing System (NYSCEF) in e-filed cases and to the County Clerk's cashier's office, Room 160, in paper cases. A "fillable" form RJI is available on-line.

After filing the Notice of Appeal, the appeal must be perfected. This means you need to get the case ready for the Appellate Court. This may include getting a transcript of the trial, preparing the record on appeal, writing and serving a brief and getting the case on the court's calendar.

The Deadline for Filing a Notice of Appeal The deadline for filing an appeal does not start to run unless you are served with a copy of the Order or Judgment with Notice of Entry. If that happens, you only have 30 days to file your Notice of Appeal, 35 days if you are served by mail! See CPLR 5513.

A form that a party files in an action that has not yet been assigned to a judge. The RJI is a request for the court to become involved in the matter and will result in the assignment of a judge, who will then preside over the action until its end.

Under the New York rules, a judge is not assigned to a case until one of the parties files a Request for Judicial Intervention (or "RJI") Form with the clerk.

Section 3,27 Rule 41 of the Rules of Court, retains the original 30 days as the period for perfecting the appeal by record on appeal to take into consideration the need for the trial court to approve the record on appeal.

An appeal must be perfected within six months of the date of the notice of appeal or order granting leave to appeal unless that time is extended by the court(22 NYCRR 1250.9a).

A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.

Generally, unless otherwise provided by statute, rule or Court order, an appeal is perfected by filing the original record or appendix, five copies thereof, an original and five copies of a brief, all exhibits, and proof of service of the record and brief, and paying the filing fee.

The court will not accept motions, orders to show cause, requests for court conferences, or any other papers until an RJI is filed. An RJI may be filed at any time after service of process and must conform to the requirements of 22 NYCRR § 202.6.

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Kings New York Letter in Lieu of Division and Transfer Orders