New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.42 - Proceedings under article 7 of the Real Property Actions and Proceedings Law

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Such
				  proceedings involving residential property shall be commenced in the district
				  in which the real property or portion thereof is located. No default shall be
				  noted until at least one hour after the hour when the proceeding is
				  called.
(b) The following form is
				  set forth as an example of the notice of petition (the provisions relating to
				  the demand for a money judgment should be omitted unless the petition so
				  demands):
DISTRICT COURT OF
_______________
THE COUNTY OF
________________
Petitioner)
NOTICE
OF
PETITION
Address)
- against-)
Respondent)
Address)
Respondent)
Address)
To the respondents _____________________ above named and
					 described, in possession of the premises hereinafter described or claiming
					 possession thereof:
PLEASE TAKE NOTICE that a hearing at which you must appear
					 will be held at the District Court of the County of _____________________,
					 _____________________ District, _____ Part, to be held at
					 _____________________, Town of _____________________, County of
					 _____________________, on the __ day of __, __, at __ am/pm, which prays for a
					 final judgment of eviction awarding to the petitioner the possession of
					 premises designated and described as follows: the __ rooms on the __ floor,
					 Apartment No. __ _____________________ Street, Town of _____________________ in
					 the County of _____________________, and further granting to the petitioner
					 such other and further relief as is demanded in the petition, which you must
					 answer.
TAKE NOTICE also that demand is made in the petition
					 herein for judgment against you, the respondent, for the sum of $_____, with
					 interest thereon from __, __
TAKE NOTICE that your answer, which may be made at the
					 time of the hearing specified above, may set forth any defense or counterclaim
					 you may have against the petitioner.
TAKE NOTICE also that if you shall fail at such time to
					 interpose and establish any defense that you may have to the allegations of the
					 petition, you may be precluded from asserting such defense or the claim on
					 which it is based in any other proceeding or action.
TAKE NOTICE that your failure to appear and answer may
					 result in final judgment by default for the petitioner in the amount demanded
					 in the petition.
Dated: County of _____________________, the __ day of __,
					 __ _____________________
Attorney(s) for Petitioner
Office and Post-Office Address
Telephone Number _____________________
Clerk District
(c) At the time of the issuance of a notice
				  of petition by a judge or the clerk, or an order to show cause by the judge, in
				  a summary proceeding to recover possession of real property, a copy of such
				  order to show cause or notice of petition shall be filed with the clerk. The
				  original papers with proof of service thereof shall be filed with the clerk
				  within the time specified by statute.
(d) An action noticed to be heard on a day
				  when a judge is not assigned to the part shall not be accepted for filing. The
				  papers shall be returned to the attorney with a notification as to the days on
				  which a judge is assigned.