reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 21 - Papers › R2103-A - Confidentiality of Addresses in Civil Proceedings.

Rule  2103-a.  Confidentiality  of addresses in civil proceedings. (a)
Notwithstanding any other provision of law,  in  any  civil  proceeding,
whether  or  not an order of protection or temporary order of protection
is sought or has been sought in the past, the court may,  upon  its  own
motion  or upon the motion of any party, authorize any party to keep his
or  her  residential  and  business  addresses  and  telephone   numbers
confidential  from  any party in any pleadings or other papers submitted
to the court, where the court makes  specific  findings  on  the  record
supporting  a  conclusion that disclosure of such addresses or telephone
numbers would pose an unreasonable risk to the health  or  safety  of  a
party.  Pending  such a finding, any such addresses or telephone numbers
of the party seeking confidentiality shall be safeguarded and sealed  in
order to prevent its inadvertent or unauthorized use or disclosure.
(b) Notwithstanding any other provision of law, if a party has resided
or  resides in a residential program for victims of domestic violence as
defined in section four hundred fifty-nine-a of the social services law,
the present address of such party and the  address  of  the  residential
program  for  victims  of domestic violence shall not be revealed by the
court or any court personnel who may have access to such information.
(c) Upon such authorization, the court shall designate  the  clerk  of
the  court  or  such other disinterested person as it deems appropriate,
with consent of such disinterested person, as the agent for  service  of
process  for  the  party  whose  residential  and  business addresses or
telephone numbers are  to  remain  confidential  and  shall  notify  the
parties of such designation and the address of the agent in writing. The
clerk or disinterested person designated by the court shall, when served
with  process  on  behalf  of  the  party whose information is to remain
confidential, promptly notify such party whose information is to  remain
confidential  and  forward  such  process  to  him  or  her  in a manner
calculated to be timely received.
(d) In any case in which such confidentiality authorization  is  made,
the  party  whose information is to remain confidential shall inform the
clerk of the court or disinterested person designated by  the  court  of
any  change  in address for purposes of receipt of service of process or
any papers.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 21 - Papers › R2104 - Stipulations.

Rule  2104.  Stipulations.  An  agreement  between  parties  or  their
  attorneys relating to any matter in  an  action,  other  than  one  made
  between  counsel in open court, is not binding upon a party unless it is
  in a writing subscribed by him or his attorney or reduced to the form of
  an order and entered. With respect to  stipulations  of  settlement  and
  notwithstanding  the form of the stipulation of settlement, the terms of
  such stipulation shall be filed by the defendant with the county clerk.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 21 - Papers › 2105 - Certification by Attorney.

§  2105.  Certification by attorney. Where a certified copy of a paper
  is required by law, an attorney admitted to practice in  the  courts  of
  the state may certify that it has been compared by him with the original
  and  found  to  be  a  true  and complete copy. Such a certificate, when
  subscribed by such attorney, has the same effect as if made by a clerk.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 21 - Papers › R2106 - Affirmation of Truth of Statement.

* Rule  2106.  Affirmation of truth of statement. The statement of any
person wherever made, subscribed and affirmed by that person to be  true
under  the penalties of perjury, may be used in an action in New York in
lieu of and with the  same  force  and  effect  as  an  affidavit.  Such
affirmation shall be in substantially the following form:
I  affirm this ___ day of ______, ____, under the penalties of perjury
under the laws of New York, which may include a  fine  or  imprisonment,
that  the  foregoing is true, and I understand that this document may be
filed in an action or proceeding in a court of law.
(Signature)
* NB Separately amended; cannot be put together
* Rule 2106. Affirmation of truth of statement. (a) The  statement  of
an  attorney  admitted  to  practice in the courts of the state, or of a
health care practitioner licensed, certified, or authorized under  title
eight  of the education law to practice in the state, who is not a party
to an action, when subscribed and affirmed by him  or  her  to  be  true
under  the penalties of perjury, may be served or filed in the action in
lieu of and with the same force and effect as an affidavit.
(b) The statement of  any  person,  when  that  person  is  physically
located  outside  the geographic boundaries of the United States, Puerto
Rico, the United States Virgin Islands,  or  any  territory  or  insular
possession  subject to the jurisdiction of the United States, subscribed
and affirmed by that person to be true under the penalties  of  perjury,
may  be  used in an action in lieu of and with the same force and effect
as  an  affidavit.  Such  affirmation  shall  be  in  substantially  the
following form:
I  affirm this ___ day of ______, ____, under the penalties of perjury
under the laws of New York, which may include a  fine  or  imprisonment,
that  I  am  physically located outside the geographic boundaries of the
United States, Puerto Rico, the United States  Virgin  Islands,  or  any
territory  or  insular  possession  subject  to  the jurisdiction of the
United States, that the foregoing is true, and I  understand  that  this
document may be filed in an action or proceeding in a court of law.
(Signature)
* NB Separately amended; cannot be put together
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 21-A - Filing of Papers in the Courts by Facsimile Transmission and by Electronic Means › 2110 - Definitions.

§   2110.  Definitions.  For  purposes  of  this  section,  "facsimile
  transmission" and "electronic means" shall be as defined in  subdivision
  (f) of rule 2103 of this chapter.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 21-A - Filing of Papers in the Courts by Facsimile Transmission and by Electronic Means › 2112 - Filing of Papers in the Appellate Division by Electronic Means.

§  2112.  Filing  of  papers  in  the appellate division by electronic
  means.   Notwithstanding any other  provision  of  law,  and  except  as
  otherwise  provided  in  subdivision  (c)  of section twenty-one hundred
  eleven  of  this  article,  the  appellate  division  in  each  judicial
  department  may  promulgate  rules  authorizing  a program in the use of
  electronic means for: (i) appeals to such court  from  the  judgment  or
  order  of a court of original instance or from that of another appellate
  court, (ii) making a motion for permission  to  appeal  to  such  court,
  (iii)  commencement  of any other proceeding that may be brought in such
  court, and (iv) the filing and service of papers in pending actions  and
  proceedings.   Provided   however,  such  rules  shall  not  require  an
  unrepresented  party  or  any  attorney  who  furnishes  a   certificate
  specified  in  subparagraph (A) or (B) of paragraph three of subdivision
  (b) of section twenty-one hundred eleven of  this  article  to  take  or
  perfect  an  appeal  by  electronic  means.   Provided further, however,
  before promulgating any such  rules,  the  appellate  division  in  each
  judicial  department  shall  consult with the chief administrator of the
  courts and shall provide an opportunity for review and  comment  by  all
  those  who  are  or  would be affected including city, state, county and
  women's  bar  associations;  institutional  legal   service   providers;
  not-for-profit  legal  service providers; attorneys assigned pursuant to
  article  eighteen-B  of  the  county  law;  unaffiliated  attorneys  who
  regularly  appear  in  proceedings that are or have been affected by the
  programs  that  have  been  implemented  or  who  may  be  affected   by
  promulgation  of  rules  concerning  the  use  of  the electronic filing
  program in the appellate division of any judicial  department;  and  any
  other  persons  in whose county a program has been implemented in any of
  the courts  therein  as  deemed  to  be  appropriate  by  any  appellate
  division.  To the extent practicable, rules promulgated by the appellate
  division in each judicial department pursuant to this section  shall  be
  uniform.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › 2211 - Application for Order; When Motion Made.

§  2211.  Application  for  order;  when  motion  made. A motion is an
  application for an order. A motion on notice is made when  a  notice  of
  the motion or an order to show cause is served.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › 2212 - Where Motion Made, in Supreme Court Action.

§  2212.  Where  motion  made, in supreme court action. (a) Motions on
notice. A motion on notice in an action in the supreme  court  shall  be
noticed to be heard in the judicial district where the action is triable
or  in a county adjoining the county where the action is triable. Unless
statute, civil practice rule or local court rule provides otherwise, the
motion shall be noticed to be heard before a motion term or, upon  order
to show cause granted by a justice, before that justice out of court.
(b)  Ex parte motions. A motion in an action in the supreme court that
may be made without notice may be made at a motion term or to a  justice
out of court in any county in the state.
(c) Motions before a county court or judge. The chief administrator of
the  courts  may by rule provide for the hearing of motions on notice or
ex parte motions in an action or proceeding in the supreme  court  by  a
term  of the county court or a county judge in the county in which venue
is laid during periods in which no supreme court trial or  special  term
is in session in the county.
(d)  Rules  of  the  chief  administrator  of  the  courts.  The chief
administrator may by rule exclude motions within a department,  district
or  county  from  the  operation of subdivisions (a),(b) and (c) of this
section, provided, however, that the practice  in  counties  within  the
city of New York shall be uniform.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › 2213 - Where Motion Made, in County Court Action.

§  2213.  Where  motion  made,  in  county  court action. (a) Ex parte
motions.  A motion in an action in a  county  court  that  may  be  made
without  notice  may be made before a motion term of the county court or
before the county judge out of court in any county in the state.
(b) Motions that may be made before the supreme  court  or  a  justice
thereof.  When no motion term is being held and there is no county judge
available within the county, any motion in an action in a county  court,
whether  or  not  on notice, may be made or noticed to be heard before a
motion term of the supreme court or, upon order to show cause granted by
a justice of the supreme court, before such justice out of court, in the
judicial district where the action is triable or in a  county  adjoining
the  county  where  the action is triable, except a motion under article
forty-four or a motion for an order that would dispose of the action, in
whole or in part, in any manner other than by settlement  under  section
1207.
(c)  The chief administrator of the courts may by rule exclude motions
from the operation of this section  within  a  department,  district  or
county.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › R2214 - Motion Papers; Service; Time.

Rule  2214.  Motion  papers;  service;  time.  (a) Notice of motion. A
notice of motion shall specify the time and place of the hearing on  the
motion, the supporting papers upon which the motion is based, the relief
demanded  and  the  grounds  therefor.  Relief  in the alternative or of
several different types may be demanded.
(b) Time for service of notice and affidavits. A notice of motion  and
supporting  affidavits  shall  be  served at least eight days before the
time at which the motion is noticed to be  heard.  Answering  affidavits
shall be served at least two days before such time. Answering affidavits
and any notice of cross-motion, with supporting papers, if any, shall be
served at least seven days before such time if a notice of motion served
at  least  sixteen days before such time so demands; whereupon any reply
or responding affidavits shall be served at least one  day  before  such
time.
(c)  Furnishing  papers  to the court. Each party shall furnish to the
court all papers served by that party. The moving  party  shall  furnish
all other papers not already in the possession of the court necessary to
the  consideration  of  the questions involved. Except when the rules of
the court provide otherwise, in an e-filed action, a  party  that  files
papers  in  connection  with  a motion need not include copies of papers
that were filed previously electronically with the court, but  may  make
reference  to  them,  giving  the docket numbers on the e-filing system.
Where such papers are in the possession of an adverse party, they  shall
be  produced  by  that  party  at  the hearing on notice served with the
motion papers. Only papers served in accordance with the  provisions  of
this  rule shall be read in support of, or in opposition to, the motion,
unless the court for good cause shall otherwise direct.
(d) Order to show cause. The court in a proper case may grant an order
to show cause, to be served in lieu of a notice of motion, at a time and
in a manner specified therein. An order to show cause  against  a  state
body  or  officers  must  be  served  in  addition  to  service upon the
defendant or respondent state body or officers upon the attorney general
by delivery to an  assistant  attorney  general  at  an  office  of  the
attorney  general  in  the  county  in  which  venue  of  the  action is
designated or if there is no office of  the  attorney  general  in  such
county, at the office of the attorney general nearest such county.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › R2215 - Relief Demanded by Other Than Moving Party.

Rule  2215. Relief demanded by other than moving party. At least three
days prior to the time at which the motion is noticed to  be  heard,  or
seven  days  prior  to  such time if demand is properly made pursuant to
subdivision (b) of rule 2214, a party may serve upon the moving party  a
notice  of  cross-motion  demanding  relief,  with or without supporting
papers; provided, however, that:
(a) if such notice and any supporting papers are served by mailing, as
provided in paragraph two of subdivision (b) of rule 2103, they shall be
served three days earlier than as prescribed in this rule; and
(b) if served by overnight delivery, as provided in paragraph  six  of
subdivision  (b) of rule 2103, they shall be served one day earlier than
as prescribed in this rule. Relief in  the  alternative  or  of  several
different  types  may be demanded; relief need not be responsive to that
demanded by the moving party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › R2217 - Prior Motion; Ex Parte Motion; Transfer of Motion.

Rule 2217. Prior motion; ex parte motion; transfer of motion.
(a)  Prior motion. Any motion may be referred to a judge who decided a
prior motion in the action.
(b) Affidavit on  ex  parte  motion.  An  ex  parte  motion  shall  be
accompanied  by  an affidavit stating the result of any prior motion for
similar relief and specifying the new  facts,  if  any,  that  were  not
previously shown.
(c)  Transfer of motion. If a motion is made to a judge who is or will
be for any reason unable to hear it, it may be transferred by  order  of
such  judge  or by written stipulation of the parties to any other judge
to whom it might originally have been made.
(d) Rules  of  the  chief  administrator  of  the  courts.  The  chief
administrator  may by rule exclude motions within a department, district
or county from the operation of subdivisions (a) and (c) of this rule.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › 2218 - Trial of Issue Raised on Motion.

§  2218.  Trial of issue raised on motion. The court may order that an
  issue of fact raised on a motion shall be separately tried by the  court
  or  a referee. If the issue is triable of right by jury, the court shall
  give the parties an opportunity to demand a jury trial  of  such  issue.
  Failure to make such demand within the time limited by the court, or, if
  no  such  time is limited, before trial begins, shall be deemed a waiver
  of the right to trial by jury. An order under this  rule  shall  specify
  the issue to be tried.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › R2219 - Time and Form of Order.

Rule  2219.  Time  and  form  of  order.
(a) Time and form of order
determining motion, generally. An order determining a motion relating to
a provisional remedy shall be made within  twenty  days,  and  an  order
determining  any other motion shall be made within sixty days, after the
motion is submitted for decision. The order  shall  be  in  writing  and
shall  be  the  same  in  form whether made by a court or a judge out of
court. An order determining a motion made upon supporting  papers  shall
be  signed  with the judge's signature or initials by the judge who made
it, state the court of which he or she is a judge and the place and date
of the signature, recite the papers used on the  motion,  and  give  the
determination  or  direction  in  such detail as the judge deems proper.
Except in a town or village court or where otherwise  provided  by  law,
upon  the  request  of  any  party,  an order or ruling made by a judge,
whether upon written or oral application or sua sponte, shall be reduced
to writing or otherwise recorded.
(b) Signature on appellate court order. An order of an appellate court
shall  be  signed  by  a  judge  thereof  except  that,   upon   written
authorization  by  the presiding judge, it may be signed by the clerk of
the court or, in his absence or disability, by a deputy clerk.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › R2220 - Entry and Filing of Order; Service.

Rule  2220.  Entry and filing of order; service. (a) Entry and filing.
An order determining a motion shall be entered and filed in  the  office
of  the  clerk  of the court where the action is triable, and all papers
used on the motion and any opinion or memorandum  in  writing  shall  be
filed with that clerk unless the order dispenses with such filing.  When
a  statute  or  civil  practice rule requires such filing and entry in a
county other than that in which the order was made, the party prevailing
on the motion shall file the order and the papers  used  on  the  motion
with the proper clerk after receiving them. If a party fails to file any
papers  required  to  be  filed under this subdivision, the order may be
vacated as irregular, with costs.
(b) Service. Service of an order shall be made by serving  a  copy  of
the order.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › R2221 - Motion Affecting Prior Order.

Rule  2221.  Motion  affecting  prior order. (a) A motion for leave to
renew or to reargue a prior motion, for leave  to  appeal  from,  or  to
stay,  vacate or modify, an order shall be made, on notice, to the judge
who signed the order, unless he or she is for any reason unable to  hear
it, except that:
1.  if  the  order was made upon a default such motion may be made, on
notice, to any judge of the court; and
2. if the order was made without  notice  such  motion  may  be  made,
without  notice, to the judge who signed it, or, on notice, to any other
judge of the court.
(b) Rules  of  the  chief  administrator  of  the  courts.  The  chief
administrator  may by rule exclude motions within a department, district
or county from the operation of subdivision (a) of this rule.
(c) A motion made to other than a proper judge under this  rule  shall
be transferred to the proper judge.
(d) A motion for leave to reargue:
1. shall be identified specifically as such;
2.  shall be based upon matters of fact or law allegedly overlooked or
misapprehended by the court in determining the prior motion,  but  shall
not include any matters of fact not offered on the prior motion; and
3.  shall  be  made  within thirty days after service of a copy of the
order determining the prior motion and written notice of its entry. This
rule shall not apply to motions  to  reargue  a  decision  made  by  the
appellate division or the court of appeals.
(e) A motion for leave to renew:
1. shall be identified specifically as such;
2.  shall be based upon new facts not offered on the prior motion that
would change the prior determination or shall demonstrate that there has
been a change in the law that would change the prior determination; and
3. shall contain reasonable justification for the failure  to  present
such facts on the prior motion.
(f)  A  combined  motion for leave to reargue and leave to renew shall
identify separately and support separately each item of  relief  sought.
The  court,  in  determining  a combined motion for leave to reargue and
leave to renew, shall decide each part of  the  motion  as  if  it  were
separately  made.  If a motion for leave to reargue or leave to renew is
granted, the court may adhere  to  the  determination  on  the  original
motion or may alter that determination.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › R2222 - Docketing Order as Judgment.

Rule  2222.  Docketing  order as judgment. At the request of any party
  the clerk shall docket as a judgment an order directing the  payment  of
  money,  including  motion  costs,  or  affecting  the  title  to, or the
  possession, use or enjoyment of, real property, provided, however,  that
  where  the clerk maintains a section and block index, an order affecting
  the title to, or the possession, use or enjoyment of, real property  may
  be entered in such index in lieu thereof.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 22 - Stay, Motions, Orders and Mandates › R2223 - Duties of Officer Receiving Mandate.

Rule  2223.  Duties of officer receiving mandate. An officer to whom a
  mandate is delivered to be executed shall:
1. execute the mandate according to its command;
2. give without compensation to the person delivering the mandate,  if
  requested,  a  written receipt describing the mandate and specifying the
  day and hour of receiving it;
3. deliver without compensation to the person served, if requested,  a
  copy of the mandate; and
4.  return the mandate together with his return thereon, by delivering
  or mailing it to the clerk's office.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 23 - Subpoenas, Oaths and Affirmations › 2301 - Scope of Subpoena.

§  2301.  Scope  of  subpoena. A subpoena requires the attendance of a
  person to give testimony. A subpoena duces tecum requires production  of
  books,  papers  and other things. A child support subpoena is a subpoena
  issued pursuant to section one hundred eleven-p of the  social  services
  law  by  the  office  of  temporary and disability assistance or a local
  social services district, or its authorized representative,  or  another
  state's  child  support enforcement agency governed by title IV-D of the
  social security act. A trial subpoena duces tecum  shall  state  on  its
  face  that  all papers or other items delivered to the court pursuant to
  such subpoena shall be accompanied by a copy of such subpoena.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 23 - Subpoenas, Oaths and Affirmations › 2302 - Authority to Issue.

§  2302. Authority to issue. (a) Without court order. Subpoenas may be
issued without a court order by the clerk of the court,  a  judge  where
there  is  no  clerk,  the attorney general, an attorney of record for a
party to an action, an administrative proceeding or an  arbitration,  an
arbitrator, a referee, or any member of a board, commission or committee
authorized  by law to hear, try or determine a matter or to do any other
act, in an official capacity, in relation to which proof may be taken or
the attendance of a person as  a  witness  may  be  required;  provided,
however,  that  a  subpoena to compel production of a patient's clinical
record maintained pursuant to the provisions of  section  33.13  of  the
mental  hygiene  law  shall  be  accompanied  by  a court order. A child
support subpoena may be issued by the department, or the  child  support
enforcement  unit coordinator or support collection unit supervisor of a
social services district, or his or her  designee,  or  another  state's
child  support  enforcement  agency governed by title IV-D of the social
security act.
(b) Issuance by court. A subpoena to compel production of an  original
record or document where a certified transcript or copy is admissible in
evidence,   or  to  compel  attendance  of  any  person  confined  in  a
penitentiary or jail, shall be issued by the  court.  Unless  the  court
orders  otherwise,  a motion for such subpoena shall be made on at least
one day's notice to the person having custody of the record, document or
person confined. A subpoena to produce a prisoner so confined  shall  be
issued  by  a  judge  to whom a petition for habeas corpus could be made
under subdivision (b) of section seven thousand two of this chapter or a
judge of the court of claims, if the matter is pending before the  court
of claims, or a judge of the surrogate's court, if the matter is pending
before  the  surrogate's  court, or a judge or support magistrate of the
family court, if the matter is pending before the  family  court,  or  a
judge  of the New York city civil court, if the matter is pending before
the New York city civil court and it has been removed thereto  from  the
supreme  court  pursuant  to  subdivision  (d)  of section three hundred
twenty-five of this chapter. In the absence of  an  authorization  by  a
patient,  a trial subpoena duces tecum for the patient's medical records
may only be issued by a court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 23 - Subpoenas, Oaths and Affirmations › 2303 - Service of Subpoena; Payment of Fees in Advance.

§  2303.  Service  of  subpoena;  payment  of  fees  in advance. (a) A
subpoena requiring attendance or a subpoena duces tecum shall be  served
in  the  same  manner  as a summons, except that where service of such a
subpoena is made pursuant to subdivision two or four  of  section  three
hundred  eight of this chapter, the filing of proof of service shall not
be required and service shall be deemed complete upon the later  of  the
delivering  or  mailing of the subpoena, if made pursuant to subdivision
two of section three hundred eight of this chapter, or upon the later of
the affixing or mailing of the subpoena, if made pursuant to subdivision
four of  section  three  hundred  eight  of  this  chapter.  Any  person
subpoenaed  shall  be  paid  or tendered in advance authorized traveling
expenses and one day's witness fee. A copy of any subpoena  duces  tecum
served  in  a pending civil judicial proceeding shall also be served, in
the manner set forth in rule twenty-one hundred three of  this  chapter,
on  each party who has appeared in the civil judicial proceeding so that
it is received by such parties promptly after service on the witness and
before the production of books, papers or other things.
(b) A child support subpoena issued pursuant to  section  one  hundred
eleven-p  of  the  social  services  law to public utility companies and
corporations, including  but  not  limited  to  cable  television,  gas,
electric, steam, and telephone companies and corporations, as defined in
section two of the public service law, may be served by regular mail, or
through  an  automated process where information sought is maintained in
an automated  data  base.  All  other  child  support  subpoenas  issued
pursuant  to  section  one  hundred  eleven-p of the social services law
shall be served in accordance with the provisions of subdivision (a)  of
this section.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 23 - Subpoenas, Oaths and Affirmations › 2303-A - Service of a Trial Subpoena.

§  2303-a.  Service of a trial subpoena. Where the attendance at trial
  of a party or person within the party's control can be  compelled  by  a
  trial  subpoena,  that  subpoena may be served by delivery in accordance
  with subdivision (b) of rule 2103 to the party's attorney of record.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 23 - Subpoenas, Oaths and Affirmations › 2304 - Motion to Quash, Fix Conditions or Modify.

§ 2304. Motion to quash, fix conditions or modify.  A motion to quash,
  fix  conditions or modify a subpoena shall be made promptly in the court
  in which the subpoena is returnable. If the subpoena is  not  returnable
  in  a court, a request to withdraw or modify the subpoena shall first be
  made to the person who issued it and a motion to quash,  fix  conditions
  or  modify may thereafter be made in the supreme court; except that such
  motion with respect to a  child  support  subpoena  issued  pursuant  to
  section one hundred eleven-p of the social services law shall be made to
  a judge of the family court or the supreme court.  Reasonable conditions
  may  be  imposed  upon  the  granting  or denial of a motion to quash or
  modify.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 23 - Subpoenas, Oaths and Affirmations › 2305 - Attendance Required Pursuant to Subpoena; Possession of Books, Records, Documents or Papers.

§ 2305. Attendance required pursuant to subpoena; possession of books,
records,  documents  or  papers.  (a)  When person required to attend. A
subpoena may provide that the person subpoenaed shall appear on the date
stated and any recessed or adjourned  date  of  the  trial,  hearing  or
examination.  If  he  is  given  reasonable  notice  of  such  recess or
adjournment,  no  further  process  shall  be  required  to  compel  his
attendance  on  the adjourned date. At the end of each day's attendance,
the person subpoenaed may demand his fee for the next day on which he is
to attend. If the fee is not then paid, he shall be deemed discharged.
(b) Subpoena duces tecum; attendance  by  substitute.  1.  A  subpoena
duces tecum may be joined with a subpoena to testify at a trial, hearing
or examination or may be issued separately.
2.  Any  person  may  comply  with a subpoena duces tecum for a trial,
hearing or examination by  having  the  requisite  books,  documents  or
things produced by a person able to identify them and testify respecting
their origin, purpose and custody.
(c)  Inspection, examination and audit of records. Whenever by statute
any  department  or  agency  of  government,  or  officer  thereof,   is
authorized  to  issue  a  subpoena  requiring  the  production of books,
records, documents or papers, the issuing party shall have the right  to
the  possession  of such material for a period of time, and on terms and
conditions,  as  may  reasonably  be  required   for   the   inspection,
examination  or  audit  of  the  material.  The  reasonableness  of such
possession,  time,  terms,  and  conditions  shall  be  determined  with
consideration  for,  among other things, (i) the good cause shown by the
issuing party, (ii) the rights and needs of the person  subpoenaed,  and
(iii)  the  feasibility  and  appropriateness  of  making  copies of the
material. The cost of reproduction and transportation  incident  thereto
shall  be  borne  by the person or party issuing the subpoena unless the
court determines otherwise in the interest of justice.
(d) Subpoena duces tecum for a trial; service of subpoena and delivery
for records. Where a trial subpoena directs service  of  the  subpoenaed
documents  to  the  attorney  or  self-represented  party  at the return
address set forth in the subpoena, a  copy  of  the  subpoena  shall  be
served  upon  all  parties  simultaneously  and the party receiving such
subpoenaed records, in any format, shall deliver a complete copy of such
records in the same format to all opposing counsel and  self-represented
parties where applicable, forthwith.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 23 - Subpoenas, Oaths and Affirmations › 2306 - Hospital Records; Medical Records of Department or Bureau of a Municipal Corporation or of the State.

§ 2306. Hospital records; medical records of department or bureau of a
municipal  corporation  or of the state. (a) Transcript or reproduction.
Where a subpoena duces tecum is  served  upon  a  hospital,  or  upon  a
department  or  bureau of a municipal corporation or of the state, or an
officer thereof, requiring the production of  records  relating  to  the
condition  or  treatment  of  a  patient,  a  transcript or a full-sized
legible reproduction, certified as correct by the superintendent or head
of the hospital, department or bureau or his assistant, or the  officer,
may  be  produced  unless  otherwise ordered by a court. Such a subpoena
shall be served at least three  days  before  the  time  fixed  for  the
production of the records unless otherwise ordered by a court.
(b) Delivery to clerk. Where a court has designated a clerk to receive
records  described in subdivision (a), delivery may be made to him at or
before the time fixed for their  production.  The  clerk  shall  give  a
receipt  for  the records and notify the person subpoenaed when they are
no longer required. The records shall be delivered in a sealed  envelope
indicating  the  title  of the action, the date fixed for production and
the name and address of the attorney appearing  on  the  subpoena.  They
shall  be available for inspection pursuant to the rules or order of the
court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 23 - Subpoenas, Oaths and Affirmations › 2307 - Books, Papers and Other Things of a Library, Department or Bureau of a Municipal Corporation or of the State.

§  2307.  Books,  papers  and other things of a library, department or
  bureau of a municipal corporation or of the state.  Issuance by court. A
  subpoena duces tecum to be served upon a library,  or  a  department  or
  bureau  of  a  municipal  corporation  or  of  the  state, or an officer
  thereof, requiring the production of any books, papers or other  things,
  shall  be  issued  by  a justice of the supreme court in the district in
  which the book, paper or other thing is located or by  a  judge  of  the
  court in which an action for which it is required is triable. Unless the
  court  orders  otherwise, a motion for such subpoena shall be made on at
  least one day's notice to the library,  department,  bureau  or  officer
  having  custody  of  the  book,  document or other thing and the adverse
  party.  Such  subpoena  must  be  served  upon  such  library,  or  such
  department or bureau of such municipal corporation or of the state or an
  officer  having  custody  of  the  book, document or other thing and the
  adverse party at least twenty-four hours before the time fixed  for  the
  production  of such records unless in the case of an emergency the court
  shall by order dispense with such notice otherwise required.  Compliance
  with  a  subpoena  duces  tecum  may  be  made by producing a full-sized
  legible reproduction of the  item  or  items  required  to  be  produced
  certified  as  complete  and  accurate  by  the person in charge of such
  library, department or bureau, or a designee  of  such  person,  and  no
  personal  appearance  to certify such item or items shall be required of
  such person or designee, unless the court shall order otherwise pursuant
  to subdivision (d) of rule 2214 of this chapter.   Where  a  stipulation
  would  serve  the  same  purpose  as production of the book, document or
  other thing and the subpoena is required because the  parties  will  not
  stipulate,  the  judge may impose terms on any party, including the cost
  of production of the book or document, and require such cost to be  paid
  as an additional fee to the library, department or officer.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 23 - Subpoenas, Oaths and Affirmations › 2309 - Oaths and Affirmations.

§  2309. Oaths and affirmations. (a) Persons authorized to administer.
Unless otherwise provided, an oath or affirmation may be administered by
any person authorized to take  acknowledgments  of  deeds  by  the  real
property law. Any person authorized by the laws of this state to receive
evidence  may  administer  an  oath or affirmation for that purpose.  An
oath to a juror or jurors may be administered by a clerk  of  court  and
his deputies. This section shall not apply to an oath of office.
(b)  Form.  An  oath  or  affirmation  shall be administered in a form
calculated to awaken the conscience and impress the mind of  the  person
taking it in accordance with his religious or ethical beliefs.
(c)  Oaths  and  affirmations  taken  without  the state.   An oath or
affirmation taken without the state shall be treated as if taken  within
the  state  if  it is accompanied by such certificate or certificates as
would be required to entitle a deed acknowledged without the state to be
recorded within the state if such deed had been acknowledged before  the
officer who administered the oath or affirmation.
(d) Form of certificate of oath or affirmation administered by officer
of the armed forces of the United States.  The certificate of an oath or
affirmation  administered  within  or  without  the  state or the United
States, by  an  officer  of  the  armed  forces  of  the  United  States
authorized  by  the  real  property law to take acknowledgment of deeds,
shall state:
1. the rank and serial number of the officer before whom the  oath  or
affirmation is taken and the command to which he is attached;
2.  that the person taking the oath or affirmation was, at the time of
taking it, a person enlisted or commissioned in or serving  in  or  with
the armed forces of the United States or the dependent of such a person,
or  a  person attached to or accompanying the armed forces of the United
States; and
3. the serial number of the person who takes, or whose dependent takes
the oath or affirmation, if such person is enlisted or  commissioned  in
the  armed  forces  of  the  United States. The place where such oath or
affidavit is taken need not be disclosed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 24 - Publication › 2401 - Order When Publication Cannot Be Made.

§  2401.  Order  when  publication cannot be made. 1. Where because of
  circumstances beyond  the  control  of  a  party  required  to  publish,
  publication  required by any statute, rule or court order cannot be made
  or completed in the specified place or newspaper in the required manner,
  the court may by order require such other publication as will not unduly
  prejudice any other party.
2. Notwithstanding the  provisions  of  paragraph  1,  if  publication
  required  by  any  statute,  rule  or court order has been commenced and
  cannot  be  completed  because  of  the  suspension  or  termination  of
  publication  by  a  newspaper, publication may be completed in any other
  newspaper which complies  with  the  statute,  rule,  or  order  without
  further court order.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 24 - Publication › 2402 - Computation of Time for Publication of Notice.

§  2402.  Computation of time for publication of notice. The period of
  publication of a legal notice shall be computed by excluding  the  first
  day  of  publication  and including the day on which the act or event of
  which notice is given is to take  place  or  which  completes  the  full
  period of publication.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2501 - Undertaking; Definition.

§ 2501. Undertaking; definition. Undertaking includes
1.  Any  obligation,  whether or not the principal is a party thereto,
  which contains a covenant by a surety to pay  the  required  amount,  as
  specified therein, if any required condition, as specified therein or as
  provided in subdivision (c) section 2502, is not fulfilled; and
2.  any  deposit,  made  subject  to  the  required  condition, of the
  required amount in legal tender of the United States or in face value of
  unregistered bonds of the United States or of the state.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2502 - Surety; Form of Affidavit; Two or More Undertakings; Condition; Acknowledgment.

§   2502.  Surety;  form  of  affidavit;  two  or  more  undertakings;
condition; acknowledgment. (a) Surety; form  of  affidavit.  Unless  the
court orders otherwise, surety shall be:
1.  an  insurance company authorized to execute the undertaking within
the state, or
2. a natural person, except an attorney, who shall  execute  with  the
undertaking  his  affidavit  setting forth his full name and address and
that he is domiciled within the state and  worth  at  least  the  amount
specified  in  the  undertaking exclusive of liabilities and of property
exempt from application to the satisfaction of a judgment.
(b) Two or more undertakings.  Where  two  or  more  undertakings  are
authorized  or  required  to be given, they may be contained in the same
instrument.
(c) Condition. Where no condition is specified in an undertaking in an
action or proceeding, the condition shall be that  the  principal  shall
faithfully  and  fairly discharge the duties and fulfill the obligations
imposed by law, or court order. Where the condition specifies  that  the
undertaking is to be void upon payment of an amount or performance of an
act,   the  undertaking  shall  be  construed  in  accordance  with  the
provisions of section 7-301 of the general obligations law.
(d) Acknowledgment. The undertaking shall be acknowledged in the  form
required to entitle a deed to be recorded.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2503 - Undertaking of More Than One Thousand Dollars; Real Property; Lien.

§  2503. Undertaking of more than one thousand dollars; real property;
lien. (a) Creation of  lien.  Unless  the  court  orders  otherwise,  an
undertaking in an amount of more than one thousand dollars, which is not
a  deposit  of  legal  tender  of  the United States or in face value of
unregistered bonds of the United States or  of  the  state,  upon  which
natural  persons are surety shall be secured by real property located in
the state which shall be worth the amount specified in  the  undertaking
exclusive  of  all encumbrances. Such undertaking shall create a lien on
the real property when recorded in  the  individual  surety  bond  liens
docket  in  the  office of the clerk or register of the county where the
real property is located.
(b) Affidavit of surety. The affidavit of the surety shall contain, in
addition to the information required by subdivision (a) of section 2502:
1. a statement that the surety or sureties is or are the sole owner or
owners of the real property offered as security;
2. a description of the property, sufficiently identified to establish
the lien of the undertaking;
3. a statement of the total amount of the  liens,  unpaid  taxes,  and
other encumbrances against each property offered; and
4.  a  statement  of  the assessed value of each property offered, its
market  value,  and  the  value  of  the  equity  over  and  above   all
encumbrances, liens and unpaid taxes.
(c)  Filing  of  affidavit;  recording.  A  duplicate  original of the
affidavit required by this rule shall be filed  in  the  office  of  the
clerk or register of the county where the real property is located.  The
following  information  shall  be  entered on the individual surety bond
liens docket in the office of the clerk or register of the county  where
the real property is located:
1. the names of the sureties listed in alphabetical order;
2. the amount of the undertaking;
3.  a  description  of  the  real  property  or  properties offered as
security thereunder, sufficiently identified to  clearly  establish  the
lien of the undertaking;
4. the date of such recording;
5. the title of the action, proceeding or estate; and
6. the court in which the papers are filed.
(d)  Release  of  lien.  The clerk or register of the county where the
property is located shall  make  an  entry,  which  shall  constitute  a
release of the lien for all purposes and as to all persons, upon
1.  the  filing  of  a  consent  acknowledged  by the person for whose
benefit the undertaking was given in the form required to entitle a deed
to be recorded; or
2. the order of the court, discharging the surety,  made  upon  motion
with such notice to other persons as the court may direct.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2504 - Waiver of Undertaking; Removal and Change of Parties.

§  2504.  Waiver  of  undertaking; removal and change of parties.  (a)
Waiver of undertaking. Unless the court orders otherwise, an undertaking
may be waived by the written consent of all parties.
(b) Removal and change of parties. The  liability  on  an  undertaking
shall  remain  in  effect in favor of the party for whose benefit it was
given, notwithstanding a removal of the action or a change of parties.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2505 - Filing of Undertaking; Service Upon Adverse Party; Time When Effective.

§  2505.  Filing of undertaking; service upon adverse party; time when
  effective. An undertaking together with any affidavit required  by  this
  article  shall  be filed with the clerk of the court in which the action
  is triable, or, upon an appeal, in the  office  where  the  judgment  or
  order  of the court of original instance is entered, and a copy shall be
  served upon the adverse party. The  undertaking  is  effective  when  so
  served and filed.