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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.6 - Request for judicial intervention

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) At any time after service of process,
				  a party may file a request for judicial intervention. Except as provided in
				  subdivision (b) of this section, in an action not yet assigned to a judge, the
				  court shall not accept for filing a notice of motion, order to show cause,
				  application for ex parte order, notice of petition, note of issue, notice of
				  medical, dental or podiatric malpractice action, statement of net worth
				  pursuant to section
				  236 of
				  the Domestic Relations Law or request for a preliminary conference pursuant to
				  section 202.12(a) of this
				  Part, unless such notice or application is accompanied by a request for
				  judicial intervention. Where an application for poor person relief is made,
				  payment of the fee for filing the request for judicial intervention
				  accompanying the application shall be required only upon denial of the
				  application. A request for judicial intervention must be submitted, in
				  duplicate, on a form authorized by the Chief Administrator of the Courts, with
				  proof of service on the other parties to the action (but proof of service is
				  not required where the application is ex parte).
(b) A request for judicial intervention
				  shall be filed, without fee, for any application to a court not filed in an
				  action or proceeding, as well as for a petition for the sale or finance of
				  religious/not-for-profit property, an application for change of name or change
				  of sex designation, a habeas corpus proceeding where the movant is
				  institutionalized, an application under CPLR 3102(e) for court assistance in
				  obtaining disclosure in an action pending in another state, a retention
				  proceeding authorized by article 9 of the Mental Hygiene Law, a proceeding
				  authorized by article 10 of the Mental Hygiene Law, an appeal to a county court
				  of a civil case brought in a court of limited jurisdiction, an application to
				  vacate a judgement on account of bankruptcy, a motion for an order authorizing
				  emergency surgery, or within the City of New York, an uncontested action for a
				  judgment for annulment, divorce or separation commenced pursuant to article 9,
				  10 or 11 of the Domestic Relations Law, and an application for an extreme risk
				  protection order.
(c)
				  In the counties within the City of New York, when a request for judicial
				  intervention is filed, the clerk shall require submission of a copy of the
				  receipt of purchase of the index number provided by the county clerk, or a
				  written statement of the county clerk that an index number was purchased in the
				  action. Unless otherwise authorized by the Chief Administrator, the filing of a
				  request for judicial intervention pursuant to this section shall cause the
				  assignment of the action to a judge pursuant to section
				  202.3 of this Part. The clerk may
				  require that a self-addressed and stamped envelope accompany the request for
				  judicial intervention.