(3) The Civil Court of the City of New York, County of New York. Once entered, a judgment is good and can be used against you for twenty years, and your personal property and money, including a portion of your paycheck and/or bank account, may be taken from you. (3) If no party appears, the judge may strike the action from the calendar or make such other order as appears just. ___________, Plaintiff ___________________ Defendant _____________, ATTENTION: A lawsuit has been filed against you claiming that you owe money for an unpaid consumer debt. Study materials or test guides are not provided for every examination. RULE 3. (a) A commercial claims action may be brought by a claimant that is: (1) a corporation, including a municipal or public benefit corporation, partnership, or association, which has its principal office in the City of New York; or. 208.21 Objection to applications for special preference ;laq [l b=1Dt (i) The County Clerk or clerk of the court shall refuse to accept for filing a default judgment application that does not comply with the requirements of this section. The Civil Service Employees Association, Inc. 143 Washington Avenue . Usually the employee must pass an examination open to the public for the title before transfer can be approved. There has been a reasonable opportunity to Get the current filing year's forms, instructions, and publications for free from the Internal Revenue Service (IRS). 4. both your position title and the title being filled must be identified as administrative. under Section 52.6 of the Civil Service Law; you must have at least one year of permanent service in an administrative title within two salary grades or one M grade of the position to be filled; consecutive transfers may not result in more than a two salary grade or one M grade advancement; and. All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. (d) There shall be no more than two adjournments of the examination of a judgment debtor or other person, including a garnishee, unless such additional adjournment is approved and such approval is noted on the papers by the judge presiding at a motion part. (c) General calendar. Sec. April 14, 1993. Transfer and Change of Title. Download / Print 1098-T FAQ's Tax Benefits. (g) The affidavits required by this section shall be supported by exhibits, including a copy of the credit agreement as defined in this section, the bill of sale or written assignment of the account where applicable, and relevant business records of the Original Creditor that set forth the name of the defendant; the last four digits of the account number; the date and amount of the charge-off balance; the date and amount of the last payment, if any; the amounts of any post-charge-off interest and post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf the defendant; and the balance due at the time of sale. The face of the postcard shall be addressed to the respondent at the premises and at any other address at which process was served in the summary proceeding and shall contain the respondent's name, address (including apartment number) and ZIP code. New York State Agency listing. 208.11 Motion parts; motion calendars; motion procedure (1) The ready calendars shall be called at such time and in such parts as the Chief Administrator shall direct. The rule of three means that agencies count down the first three people on the list AND these three people, plus anyone else at the third persons score are the eligibles they can consider to fill a position. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. (m) All motions pertaining to commercial claims shall be made returnable at a part session appointed for the hearing of commercial claims, except that a motion to remove a case from the commercial claims part shall be made returnable in the appropriate motion part in the county division of the court in which the action is pending, and shall be in accord with the rules of the NYCCCA generally applicable to motion practice. (g) In the event that the party examined intends at the trial to offer evidence of further or additional injuries or conditions, nonexistent or not known to exist at the time of service of the original medical reports, such party shall, within 30 days after the discovery thereof, and not later than 30 days before trial, serve upon all parties a supplemental medical report complying with the requirements of paragraph (b)(1) of this section, and shall specify a time, not more than 10 days thereafter and a place at which a further examination may be had. (b) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel. filed Nov. 12, 1998 eff. (2) to a position in another agency to which the employee would have been eligible for transfer. adopt rules governing transfers between positions in their respective jurisdictions and may also adopt reciprocal rules providing for the transfer of employees from one governmental jurisdiction to another. (iii) No later than the close of business on the business day following the date on which the initiating documents are electronically filed to commence an action pursuant to subparagraph (ii) of this paragraph, a confirmation notice shall be transmitted electronically by the NYSCEF site to the person filing such documents. 89-17 Sutphin Boulevard endstream endobj 65 0 obj <>stream There shall be as many ready calendars with such classifications of actions as the Chief Administrator shall direct. (c) There shall be paid to the clerk the following sums as a fee in an action or proceeding in the housing part: (1) upon the request of a tenant for an order directing the owner to correct the violation and to impose a penalty for failure to comply timely with the order-- $20; (2) upon the issuance of a petition by a landlord for the removal of housing violations-- $20. LANDLORD`S GUIDE TO COHOES. Department of Civil Service . italiano. 208.25 Engagement of counsel Historical Note "Uniformed Force Managers" are in the civil service titles, ranks, details and assignments listed in PO 88/6, Lump Sum Payment on Final Separation of Uniformed (i) Motions in actions to which this section is applicable made before the preliminary conference is held may be denied or marked off the calendar unless good cause is shown why such relief is warranted before that time. Section 208.39 Procedures for the enforcement of money judgments under CPLR article 52. There shall be such pretrial conference parts and calendars and such mandatory pretrial and prearbitration conferences as may be established by the Chief Administrator of the Courts. PRECAUCIN: Se ha presentado una demanda en su contra reclamando que usted debe dinero por una deuda al consumidor no saldada. Access to government websites and applications will now require the use of up-to-date and secure web browsers. What is the 55-c program? 208.28 Absence of attorney during trial (c) If no appropriate vacancy shall exist to which reinstatement may be made, or if the work load does not warrant the filling of such vacancy, the name of such person shall be placed upon a preferred list for the person's former or similar position, and such person shall be eligible for reinstatement therefrom for a period of four years from the date of medical and physical qualification. . (c) Copies of the reports of the medical providers making examinations pursuant to this section shall be served on all other parties within 45 days after completion of the examination. (a) Judges are encouraged to order a bifurcated trial of the issues of liability and damages in any action for personal injury where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action. (a) Where an employee has been separated from the service by reason of a disability resulting from occupational injury or disease as defined in the workers' compensation law, such employee shall be entitled to a leave of absence for at least one year unless the disability is of such a nature as to permanently incapacitate the employee from the performance of the duties of the position. In the event that the call of any reserve calendar is suspended by the Chief Administrator and actions are added to the ready calendar without first being called on the reserve calendar, a notice of actions added to the ready calendar, with their calendar number, shall be published in such law journal at least five court days before the call of the reserve calendar. Published by: American Legal Publishing. The face of the envelope shall be addressed to the defendant at the address at which process was served, and shall contain the defendant's name, address (including apartment number) and zip code. If the claimant, or an attorney in his or her behalf, does not appear at the time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant, or make such other disposition as it may deem proper. (1) The parties to any controversy, except infants and incompetents, may submit the same for arbitration to any attorney, duly appointed as a small claims arbitrator by the administrative judge of this court, so assigned for such duty at that term of the court and upon whom they shall agree. (3) E-filing in an action after commencement. When an e-filing party serves a document in hard copy on a non-participating party, the document served shall be a true copy of the e-filed document and shall bear full signatures of all signatories. Transfers are considered to be any movement to a different title within two salary grades without examination (except for certain 70.4 transfers, which are described below). discovery. (e) No motion shall be made upon the basis of any testimony taken in examinations unless and until such testimony has been reduced to writing and unless and until there has been compliance with the requirements of CPLR 5224(e). For employees in the Civil Service Retirement System, the annuity is reduced 2 percent for each year workers are un- der age 55. Yes, there is the 55-b and the 55-c program. Section 208.42 Proceedings under article 7 of the Real Property Actions and Proceedings Law. (g) If service of notice cannot be effected upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice. There shall also be one or more small claims parts in each division for the hearing and disposition of all small claims proceedings, as the Chief Administrator may establish. (4) Credit agreement means a copy of a contract or other document governing the account provided to the defendant evidencing the defendants agreement to the debt, the amount due on the account, the name of the original creditor, the account number, and the name and address of the defendant. (d) Where the plaintiff is a debt buyer, the plaintiff must submit the AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF, the AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR and, if applicable, the AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER for each debt seller who owned the debt prior to the plaintiff. 5. (1) When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the NYSCEF system. Civil Service Section 131.4. Section 208.21 Objection to applications for special preference. New York, NY 10013, Harlem Courthouse Corte Civil de La Ciudad de Nueva York No. Such an order may be made only upon motion on notice showing in detail, by affidavit, the facts claimed to entitle the moving party to relief under this subdivision. 208.40 Arbitration Proof of Default Judgment in Consumer Credit Matters, Notice of trial where all parties appear by attorney, Objection to applications for special preference, Pretrial and prearbitration conference calendars, Call of reserve, ready and general calendars. H!CKE/TWvA?q}2- Cc An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim. The Clerk, if requested, will issue subpoenas for witnesses, without fee thereof. (3) The arbitrator shall forthwith proceed to hear the controversy. (iv) the address at which it is to be filed. IF YOU DO NOT BRING THIS TO COURT, OR SEE A LAWYER, YOUR PROPERTY CAN BE TAKEN AND YOUR CREDIT RATING CAN BE HURT!! (d) the name of any employee appearing on such special transfer list who is not so transferred prior to the abolition of such employee's position shall be placed on an appropriate preferred list pursuant to section eighty-one of the civil service law. (e) The clerk shall note, on the statement referred to in subdivision (a) of this section, the date on which the notice was mailed and the address, the date of delivery shown by the return receipt and the name of the addressee or agent signing the receipt. . For Tier 2 and 3 members, there is no cost to obtain credit for this service. USTED ESTA CITADO a comparecer en la Corte Civil de la Ciudad de Nueva York, Condado de.. a la oficina del Jefe Principal de dicha Corte en .. en el Condado de .. Ciudad y Estado de Nueva York, dentro del tiempo provisto por la ley segun abajo indicado y a presentar su respuesta a la (citacion endorsada) (demanda) [FNa1] al Jefe de la Corte; si usted no comparece a contestar, se rendira sentencia contra usted en la suma de $.. con intereses en dicha cantidad desde el dia ..de 19.. , incluyendo las costas de esta causa. Telephone number: Attorney 2 for (other party) (d) Ready Calendars. (b) In any action which has been accorded a preference in trial upon a motion filed with the clerk, the court shall not be precluded, on its own motion at any time thereafter, from restoring the action to its regular calendar position on the ground that the action is not entitled to a preference under these rules. 6. A military calendar shall be utilized to hold in suspense an action that cannot reasonably be tried because a party or witness is in military service. We also conduct investigations and hold hearings for workers who think they have been treated unfairly. Sec. filed Jan. 9, 1986 eff. Transfer and Change of Title. If you are contacted for such information by these methods, or any other method, please verify the identity of the individual before . An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim. (a) Such proceedings involving residential property shall be commenced in the housing part. This notice will satisfy the requirement in section 400(1) of the New York City Civil Court Act that the clerk return a copy of the filing to the party. Civil Service Exam Schedule For The Fiscal Year Note 7/1/22: DCAS has just issued the exam schedule for the Fiscal Year starting July 1st. The request shall state the title of the action; index number; date of joinder of issue; name, address, and telephone number of all attorneys appearing in the action; and the nature of the action. Restoration after jury disagreement, mistrial or order for . More information regarding Opportunities in State Government Amended (a)-(e), (g)-(h), (k). Aug. 30, 2001. (3) a copy of the bill of particulars, if any. (a) Applicability. Yes! (a) Any party claiming a preference under CPLR 3403 may apply to the court by making a motion in a motion part, in accordance with CPLR 3403(b), the note of issue therein referred to being deemed a preference to a notice of trial. You can explore additional available newsletters here. Physical examinations completed. (k) The court, in its discretion, may order such further conferences as it may deem helpful or necessary at any time in a matter before the court to which this section is applicable. Civil Court of the City of New York (4) When an action has been announced "ready" but no part is immediately available, counsel may arrange with the calendar judge to be summoned by telephone, provided they agree to hold themselves available and to appear on one hour's notice or at such other time as the court may order at the time and part assigned for the trial. (b) At any scheduled call of a calendar or at a pretrial conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge presiding may note the default on the record and enter an order as follows: (1) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest. (1) At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice, in both English and Spanish, containing the following language: CIVIL COURT. 2nd Floor The court shall consider the pro se status of any party in granting relief pursuant to this provision. term "city agency" shall include any school district, public authority, TIOGA COUNTY CIVIL SERVICE RULES Adopted by the Tioga County Office of Personnel and Civil Service February 8, 1984 Approved by the New York State Civil Service Commission June 20, 1984 Amended certain appendices September 5, 1984 Approved by the . (c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed. Launch Document. (a) Divisions of the court shall be designated as follows: (1) The Civil Court of the City of New York, County of Bronx. Determining an employees salary is a complex matter, which is handled by the Office of State Comptroller through your agency Personnel or Finance Office. (a) An agency under the jurisdiction of the commissioner of citywide administrative services, upon written application for reinstatement by a person who was dismissed from a permanent competitive or labor class position in such agency, which sets forth the reasons for requesting an opportunity of making a further explanation, may consider such application. If any party does not so respond, the calendar judge shall treat the action as in default, unless for good cause shown, arising after the action appeared on the ready calendar and not reasonably discoverable or foreseeable, the judge shall direct that the action be held on the ready calendar for a period not to exceed 10 days. Jury actions will be sent out for jury selection if a jury trial part is available, or scheduled for jury selection at the opening of court on the next court day or as soon as practicable thereafter. (e) There are hereby designated within the department of housing preservation and development the following units for suspension or demotion: (3) office of rent and housing maintenance; (f) There are hereby designated within the Department of Finance the following units for suspension or demotion: In the event of suspension or demotion, preferred lists and certification and reinstatement therefrom shall be governed by the provisions of section eighty-one of the civil service law. (3) Where a hazardous or nonhazardous violation is alleged and the summons is personally delivered to the landlord or its registered agent within the City of New York, the defendant shall appear and answer within 10 days after such service. (a) Application. (d) If an order of restoration is granted, it shall provide that a new notice of trial be filed forthwith and that the case be placed on the general trial calendar in its regular place as of the date of filing the new notice of trial, unless the court in its discretion orders otherwise. (a) The failure or refusal of a person on a preferred list to accept reinstatement therefrom to the person's former position, or any comparable position in a comparable salary or salary range for which such list is certified, shall be deemed to be relinquishment of eligibility for reinstatement, and such person's name shall thereupon be stricken from such preferred list. Notice of the default judgment, containing the information set forth in NYCCCA section 1807-A, shall be mailed by first class mail to the claimant and the defendant. In cases involving an immediately hazardous violation, the defendant may interpose an oral answer before the court. Can I transfer while Im on probation? (a) A notice of appeal shall not be accepted for filing without proof of service upon all parties. Are there any programs for people with disabilities? Agency Human Resource Offices should call or e-mail CMO Empire Disabled Dependent Eligibility Form. - Civil Court of the City of New York Page -8- to time by the Appellate Divisions of the State of New York; and (7) that applicant will faithfully adhere to all rules applicable to applicant's conduct in . A transfer eligible may apply under vacancy announcements open to status . Absent exceptional circumstances, if a restored case is not ready when reached, it shall forthwith be dismissed or an inquest or judgment ordered as provided in subdivision (b) of this section. Sec. In any court not continuously in session, the calendars at the close of one term or session of court shall be used to open the following term or session, and actions on the calendars shall retain their positions. All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or at the clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. If all parties sign the form and return it to the court before the scheduled preliminary conference, such form shall be so ordered by the court, and, unless the court orders otherwise, the scheduled preliminary conference shall be canceled. Pay Plans covered in this Directive are those for career and salary plan employees, managerial employees, and uniformed force managers. 208.15 Transfer of actions New York, NY 10035, Queens County The case is ready for trial. Section 208.4-a Electronic Filing in New York City Civil Court. Quizs usted quiera comunicarse con un abogado. (l) The undertaking to be filed by a defendant desiring a jury trial shall be in the form prescribed by the relevant provisions of article 25 of the CPLR. You are using an out of date browser. filed Jan. 9, 1986; amds. . 208.6 Summons This Part shall be applicable to all actions and proceedings in the Civil Court of the City of New York. Said judge or housing judge shall render such decision within 30 days after trial of a nonhazardous or hazardous violation, and within 15 days after trial of an immediate hazardous violation or an injunction. (f) Military Calendar. %Ee=lK_!"bY_[Vh\$?REKFP C~4Ux'cgb3C>PBJ2Pag \)-*A D (4) After the first hearing, neither party may withdraw from the arbitration unless both parties consent to, or the arbitrator directs, a discontinuance of the proceeding. If a test guide is provided for an examination, information about the guide will appear on the examination announcement. Submission of orders, judgments and decrees for signature, Absence or disqualification of assigned judge, Infants' and incapacitated persons' claims and proceedings. Section 208.2 Divisions of court; terms and structure. 141 Livingston Street (2) duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all hospital records and such other records, including X-ray and technicians' reports, as may be referred to and identified in the reports of those medical providers who have treated or examined the party seeking recovery. filed Oct. 29, 1990; amds. fourteen of this chapter provide for the involuntary transfer of is available on the Department of Civil Service web site. Section 208.36 Infants' and incapacitated persons' claims and proceedings. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. (b) Applicability. (f) When an action has been tried and the jury has disagreed, or a verdict set aside, or there has been a mistrial for any reason, or if no decision has been made or judgment rendered within the time specified in the CPLR, or if the court has ordered a new trial under CPLR 4402, such action must be restored to the appropriate ready calendar for a day certain to be fixed by the court. This shall not be a bar, however, to proceeding under subdivision (g) of this section in a proper case. (2) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross- claims. https://newyork.public.law/laws/n.y._civil_service_law_section_70. Brooklyn, NY 11231-1615, New York County (1) All contested motions and proceedings shall be returnable at 9:30 a.m. unless an earlier time is directed by the court. The court may also require the attendance of parties, and in the event of failure of attendance by attorneys or parties, the court shall have the same powers with respect to dismissals, defaults, or both as it might exercise when a case is reached for trial. (a) Divisions of the court shall be designated as follows: (1) The Civil Court of the City of New York, County of Bronx. . The consent must be filed with the clerk of the commercial claims part. What eligible lists am I on? Candidates should focus their examination preparation upon the information given in the examination announcement in the section called Subject of the Examination, which lists the areas that will be tested for on the examination. We welcome your participation in our examinations program. the New York State Rules of Professional Conduct as adopted from time . 1 Transfer and change of title. positions of Suffolk county police officers. If the inability to proceed to trial is expected to exceed 10 days, the action shall be returned to the reserve calendar or stricken from the calendar as circumstances warrant, unless, for good cause shown, the court on application grants an adjournment. LE PUEDEN QUITAR PARTE DE SU SALARIO (EMBARGARLO). You may link to a specific agency's website from the Attorney 2 for (other party) 208.14 Calendar default; restoration; dismissal Where the defendant appears in person, the clerk of the housing part shall fix a date for trial not less than five nor more than 15 days after joinder of issue, and shall immediately notify all the parties by mail of such date. (4) Conference Part. A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard. (i) Except as otherwise provided in subdivision (a) of this section, a party may commence any action in the Civil Court in any county (provided that e-filing has been authorized in that county and in the class of actions to which that action belongs pursuant to subdivision (a) of this section) by electronically filing the initiating documents with the clerk of the court through the NYSCEF site. District Council 37, AFSCME, AFL-CIO 125 Barclay Street, New York, NY 10007 (a) An employee who has completed a probationary term in a permanent position in the competitive or labor class, and who has resigned or retired therefrom may be reinstated with the approval of the commissioner of citywide administrative services to: (1) the position from which the employee has resigned or retired, if vacant, or to any similar vacant position in the agency in which the employee was employed; or. (a) The notice of trial filed by any party pursuant to NYCCCA 1301 shall be accompanied by a certificate of readiness, with proof of service on all parties, in the form prescribed by this section. Specific transfer requirements are listed below. A form of stipulation and order, prescribed by the Administrative Judge, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure. entrepreneurship, were lowering the cost of legal services and If you believe you meet the criteria for transfer to a posted vacancy, you should note that on your application. Title 3 Banking. These transfers are approved/disapproved by Civil Service on an individual basis. 208.36 Infants' and incapacitated persons' claims and proceedings 208.2 Divisions of court; terms and structure