(c) General calendar. Judges Quicklinks. Section 208.28 Absence of attorney during trial. filed Jan. 9, 1986; amd. Historical Note 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. Historical Note necessary completed. 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. (h) Unless the court shall otherwise order, a defendant to whom notice was duly given who fails to appear, either in person or by attorney, at the hearing on the day and time fixed, shall be held to be in default, except that no default shall be ordered if the defendant or his or her attorney appears within one hour after the time fixed. a financial account number, including a credit and/or debit card number, a bank account number, an investment account number, and/or an insurance account number, except the last four digits or letters thereof. possess any special credentials that may be required for the title to which you are transferring (such as admission to the New York State Bar, typing skills, etc.). These addresses are: Bronx County (ii) Documents that are electronically filed to commence an action in compliance with this section shall be deemed filed with the Clerk of the Civil Court in the county in which the action is brought for purposes of section 400 of the New York City Civil Court Act upon the date of receipt of those documents by the NYSCEF site, together with the payment of any required fee. (b) If a day certain is ordered, the action shall be withheld from the ready calendar until that day, at which time it shall appear at the top of the ready calendar. We help make sure that San Francisco hires and promotes the best-qualified people for City jobs. (3) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days. language english. No employee . Submission of orders, judgments and decrees for signature, Absence or disqualification of assigned judge, Infants' and incapacitated persons' claims and proceedings. The defaulting party may apply to have the default vacated by submitting a written request to the court; proceedings on default shall be governed by, but not limited to, section 5015 of the CPLR. 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. If a test guide is provided for an examination, information about the guide will appear on the examination announcement. Required (d) Within five days after the action is recorded, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, addressed to one or more of the addresses supplied as shall be deemed necessary, a signed notice bearing the seal of the court, which shall be in substantially the following form: TO: __________________________________________________. Have you ever wondered what job titles you may transfer Attendance by counsel or pro se party at the calendar call shall not be required unless: (i) a party intends to make an application to the court that is not on the consent of all parties; (ii) attendance of counsel or oral argument is directed by the court; or. Added Sept. 15, 2014, eff. 208.1 Application of Part; waiver; additional rules;. (a) In an inquest to ascertain damages upon a default pursuant to CPLR 3215, if the defaulting party fails to appear in person or by representative, the party entitled to judgment, whether a plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim, shall be permitted to submit, in addition to the proof required by CPLR 3215(e), properly executed affidavits as proof of damages. New York, NY 10007. As soon as practicable after the adoption of a law, rule, order or other action directing such a transfer of function . Actions transferred from the Supreme Court to the Civil Court of the City of New York shall be placed in such order and relative position on the appropriate calendars that they will be reached for trial insofar as practicable as if a notice of trial had been filed in the Civil Court of the City of New York for the same date as that for which the note of issue was filed in the Supreme Court. If served by any party other than the party to be examined, the notice shall name the examining medical provider or providers. Civil Service Section 131.4. 208.20 Special preferences Section 208.16 Discontinuance of actions. I am not an employee of the State of New York but I am seeking to become a New York State employee. . Any case on the military calendar may be removed therefrom by further order of the court or by filing with the calendar clerk, at least five days before such date, a stipulation of the parties who have appeared or a notice to restore, together with proof of service of such notice on all other parties; except that if any party appearing in person seeks such restoration, he may apply to the clerk, who shall refer his application to the judge in the appropriate calendar part for disposition upon such notice to all parties or their attorneys as the judge shall direct. An Intergovernmental Transfer Announcement is an invitation for permanent State, County or Municipal Government employees or civil service employees who have been laid off to apply for a job within another jurisdiction. (1) All contested motions and proceedings shall be returnable at 9:30 a.m. unless an earlier time is directed by the court. discovery. You can explore additional available newsletters here. filed Sept. 22, 1993 eff. The Rules of the City of New York. (3) The arbitrator shall forthwith proceed to hear the controversy. The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county division other than the one where it is offered for filing. Nov. 5, 1998. franais. 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. (a) A notice of appeal shall not be accepted for filing without proof of service upon all parties. New York, NY 10013, Harlem Courthouse Civil Service Basics. (b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown. 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. (2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. (b) If a proceeding is assigned to a judge who is for any reason disqualified from hearing it, the proceeding shall be reassigned to another judge who is not disqualified, to be heard by the assigned judge as expeditiously as possible. (5) Multipurpose Part. Sec. This paragraph shall not be applicable to penalties of demotion resulting from disciplinary proceedings. . On consent, documents may be filed and served by electronic means in the New York City Civil Court (Civil Court) in such actions and in such counties as shall be authorized by order of the Chief Administrator of the Courts and only to the extent and in the manner provided in this section; except that in an action brought by a provider of health services specified in section 5102(a)(l) of the Insurance Law against an insurer for failure to comply with rules and regulations promulgated by the Superintendent of Insurance pursuant to section 5108(b) of such law, the Chief Administrator of the Courts may eliminate the requirement of consent pursuant to section 2111 (b)(2)(C) of the CPLR. 64 0 obj <>stream 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. (f) If service of notice cannot be made upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice. Jamaica, NY 11435, Richmond County endstream endobj 67 0 obj <>stream (2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. (v) in the case of a commercial claim arising out of a consumer transaction, a certification that the claimant has mailed a demand letter, containing the information set forth in NYCCCA section 1803-A, no less than 10 days and no more than 180 days prior to the commencement of the claim. The clerk shall stamp upon the summons the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county division in which the summons should be filed. Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper. SECTION 80 CSL and RULE 5.5 of the CLASSIFIED SERVICE RULES . In the event such opposing papers are filed, the party applying for the preference may, within five days thereafter, serve and file in like manner papers in rebuttal. 2/3/11- Employee had a Lateral Transfer to a Grade 618 MC position - salary reduced to $49,296 (Hiring Rate effective 4/2/09) . The face of the postcard shall also contain, in the form of a return address, the appropriate address of the clerk's office to which the respondent should be directed. Section 208.17 Notice of trial where all parties appear by attorney. (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). You should bring this notice and any legal papers you may have received. In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least a double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. 6.1.9. (f) The certificate of readiness shall read substantially as follows: CERTIFICATE OF READINESS FOR TRIAL . (b) All rules of the Civil Court shall apply to the housing part whenever practicable, except when otherwise provided by statute or as otherwise provided in this section. What are transfers? The following is intended as a guideline to help you decide if you meet the qualifications for posted job opportunities. Ground Floor Section 70.4 of the Civil Service Law allows transfer to a title which is not similar, but where the employee meets the qualifications for the title. filed Jan. 9, 1986; amd. Notwithstanding the provisions of paragraph 6.1.1 of this section or any other provision of law, any permanent employee in the competitive class who meets all of the requirements for a competitive examination, and is otherwise qualified . Sec. (c) Notwithstanding the foregoing provisions of this paragraph, with respect to members of the uniformed forces of the police and fire departments, the uniformed force of the New York City transit authority police department, and the uniformed force of the police department of the New York City housing authority, such reinstatement must be applied for by the former employee within a period of one year from the date of resignation or retirement. As a person seeking New York State employment, what examinations can I take? Absent special circumstances, the day designated for trial shall be a date which does not in effect grant a preference to the action. Historical Note Where an action is placed on a reserve nonjury trial calendar but subsequently a demand for a trial by jury is timely served and filed, the action shall immediately be transferred to the end of the reserve jury trial calendar. (f) Military Calendar. (a) When an employee is absent without leave and fails to communicate with the department in which employed in the manner prescribed by that department for a period of twenty consecutive work days, such absence shall be deemed to constitute a resignation effective on the date of its commencement unless the appointing officer, at the discretion of that officer, accepts an explanation for such unauthorized absence. Attorney 2 (or Attorney in charge of case if law firm) for moving party. Scroll to the bottom of the page to the section titled "Career Mobility" and click on "Transfer Opportunities". Between positions assigned to different negotiating units: . ___________, Plaintiff ___________________ Defendant _____________, ATTENTION: A lawsuit has been filed against you claiming that you owe money for an unpaid consumer debt. DC 37 is New York City's largest public employee union, represents about 150,000 members and 89,000 retirees. StateJobsNY. sign in. (a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. Select "Title Search. Section 208.14-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the New York City Civil Court). New York Codes, Rules and Regulations. In person workshops are also available and held upon agency request. The waiver, which shall recite that medical reports have been exchanged and that all parties waive further physical examination, shall be filed with the note of issue. Procedures for the enforcement of money judgments under . Unless otherwise stipulated the examination shall be held not less than 30 nor more than 60 days after service of the notice. July 24, 2002. 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. Historical Note 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. law, the county of Suffolk may, by agreement negotiated between such Section 208.27 Submission of Papers for Trial. The appropriateness of transfer is decided on a title-by-title basis at the . A ready calendar is for actions that have been transferred from a reserve calendar because a trial is imminent, for noticed inquests and assessments of damages and for actions in which any party appears in person. The calendar judge may discontinue the call of the ready calendar when sufficient ready cases have been identified to fill all trial parts available on the day of the call and which are expected to become available on the next court day. (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. Email: csinfo@albanycounty.com. A pretrial conference calendar is for actions awaiting conference in a pretrial conference part. 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. (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. Fax: (518) 447-5586. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. (a) Reserve calendars. A Guide to Small Claims Court is available at the court listed above. (5) Where the summons for a hazardous or nonhazardous violation is personally delivered to the landlord or its registered agent, the affidavit of service thereof shall be filed with the clerk of the housing part within five days after personal delivery. For employees in the Civil Service Retirement System, the annuity is reduced 2 percent for each year workers are un- der age 55. CONTACT INFO: Administrative Office - 1201 North Third St, Suite 3-280 Baton Rouge, Louisiana 70802: Mailing Address - P.O. What is the 55-c program? . Consult the New York State Civil Service Law, Section 70.1 and applicable local civil service rules for more detailed information on transfers. Published by: American Legal Publishing. Additional local court rules, not inconsistent with law or with these rules, shall comply with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9). 208.3 Parts of court; structure He or she shall not be bound by the rules regarding the admissibility of evidence, but all testimony shall be given under oath or affirmation. Section 52.6 allows for transfers of permanent employees between titles that the Civil Service Department has identified as administrative. Criteria for these transfers are: Section 70.1 allows employees to transfer between certain titles that have similar duties and qualifications. (c) Real Property Action and Proceedings Law 732 shall be applicable in this court in a proceeding brought on the ground that the respondent has defaulted in the payment of rent. Many State agencies post their vacancy announcements on the Office of Employee Relations (OER) website or internally on LH C%R&E9! (d) In opening to the jury on the liability phase of the trial, counsel may not discuss the question of damages. The court shall order a preliminary conference in the action upon compliance with the requirements of this subdivision. Transfer and Change of Title. you must have passed an examination that is appropriate for the title; Human Resources can sometimes accomplish this by making arrangements for a special holding of the examination. 89-17 Sutphin Boulevard PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED). 7. April 14, 1993. PART 208. You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth (a corporation must be represented by an attorney or any authorized officer, director or employee). The three types of transfer are: 52.6, 70.1 and; 70.4. . (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. (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. endstream endobj 66 0 obj <>stream (last accessed Dec. 13, 2016). You can also email us at csinfo@albanycounty.com. 1If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order. Historical Note 208.35 Bifurcated trials (3) E-filing in an action after commencement. Sec. All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate unless excused by the judge presiding. 111 Centre Street The following is basic information that will help applicants to understand the hiring process and take the mystery out of getting a job with New York State. Oct. 1, 2014. (d) In any action arising from a consumer credit transaction, if the form of summons provided for in subdivision (b) of this section is used: (1) The summons shall have prominently displayed at the top thereof the words CONSUMER CREDIT TRANSACTION and the following additional legend or caveat printed in not less than 12-point bold upper case type: THIS IS A COURT PAPER--A SUMMONS! The notice of motion shall read substantially as follows: Upon the affidavit of_____, sworn to on _____19_____, and upon (list supporting papers if any), the_____will move this court at_____(specify the Part), at the _____Courthouse,_____, _____, New York, on the_____day of_____, 19_____, at 9:30 a.m. for an order (briefly indicate relief requested).1, The above-entitled action is for (briefly state nature of action, e.g., personal injury, contract, property damage, etc.). (a) There shall be compliance with the procedures prescribed in the NYCCCA and the CPLR for the bringing of motions. (b) The name of such person may be restored to such preferred list, and certified to fill such appropriate vacancies as may thereafter occur, only upon the written request of such person containing a submission of reasons satisfactory to the commissioner of citywide administrative services for the previous failure or refusal to accept reinstatement. (e) In any action to recover damages for personal injuries arising out of use or operation of a motor vehicle, plaintiff shall set forth in the complaint, whether in short or long form, the jurisdictional facts that permit plaintiff to maintain the action and avoid the bar of the Comprehensive Automobile Insurance Reparations Act. (h) If a verified complaint has been served, it may be used as the plaintiffs affidavit of facts where it satisfies the elements of the AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF. Agency Human Resource Offices should call or e-mail CMO (e) If, after the expiration of 21 days (30 days in the case of a commercial claim arising out of a consumer transaction) from the date the notice was mailed, the ordinary first class mailing has not been returned as undeliverable, the defendant shall be presumed to have received notice of the claim. You will also be required to make an affidavit specifying the issues of fact which you desire to have tried by a jury and stating that such trial is desired and demanded in good faith. (1)Except as otherwise provided in this section, 22 NYCRR section 202.5-b, and section 202.5-bb where applicable, shall apply to all actions in which electronic filing is authorized in the Civil Court. (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. about press releases executive order open data program overview open data handbook dataset submission guide reports. . (3) Service of documents after commencement of an e-filed action shall be made as provided in 22 NYCRR section 202.5-b (f) (2), and 202.5-bb(c)(1), where applicable. Housing Court Clerk You can choose to receive credit, but there may be a cost. Section 208.22 Pretrial and prearbitration conference calendars. (2) Original creditor means the financial institution that owned the consumer credit account at the time the account was charged off, even if that financial institution did not originate the account. In any case where the interests of justice will not be promoted by service of such reports and delivery of such authorizations, an order dispensing with either or both may be obtained. In the case of your failure to submit answering papers, summary judgment will be taken against you by default for the relief demanded in the notice of motion. Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict, shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence. Either party may be represented by counsel, but no record of the proceeding before the arbitrator shall be kept. Whom do I talk to if I have a question about my salary? Application of Rules . (c) Within 20 days after service of such notice of trial, any party may move to strike the action from the calendar or to keep it from being placed thereon. complete the foregoing proceedings. 208.29 Traverse hearings Sec. (1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the part in which the order or judgment was granted, or before the judge if the court has so directed or if the clerk is unavailable, shall be served on all parties either: (i) by personal service not less than five days before the date of settlement; or. (2) Where an action is commenced by electronic filing pursuant to this section, the original proof of service required by section 409 of the New York City Civil Court Act shall be filed with the Clerk of the Court in the county in which the action was commenced by filing with the NYSCEF site. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!! What eligible lists am I on? (a) It is the intent of the Civil Service Commission that permanent appointments, promotions or transfers shall require, as provided herein, satisfactory completion of a probationary term which shall include a minimum and a maximum period of probation. New York State Residency and United States Citizenship: At the time of appointment, you must be a resident of New York State and a citizen of the United States. A career or career-conditional employee of one agency may transfer, without a break in service of a single workday, to a competitive service position in another agency without competing in a civil service examination open to the public. 208.39 Procedures for the enforcement of money judgments under . Every original appointment to a position in the competitive class and every interdepartmental promotion from a position in one department or agency to a position in another department or agency shall be for a probationary term; provided, however, that upon interdepartmental promotion the appointing officer may waive the requirement of . - Civil Court of the City of New York Depositions authorized under the provisions of the CPLR or other law may be taken, as permitted by subdivision (b) of section 3113 of the CPLR, by means of simultaneous audio and visual electronic recording, provided such recording is made in conformity with section 202.15 of the Rules of the Chief Administrator (22 NYCRR 202.15). LANDLORD`S GUIDE TO COHOES. (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. 44, No. United States District Judges; .
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