reglab/statecodes huggingface dataset:
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 207 - Uniform Rules For The Surrogate's Court › Section 207.39 - Costs and allowances

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) On the settlement of a decree, any
				  party who shall deem himself entitled to costs may present a bill of costs,
				  provided that at least two days' notice of the taxation thereof has been served
				  on all attorneys appearing in the proceeding. Each bill of costs must show the
				  items of costs to which the party deems himself entitled and must contain an
				  itemized list of any disbursements claims, duly verified both as to amount and
				  necessity. The disbursements for referee's and stenographer's fees may be
				  evidenced by affidavit or by such other proof as may be satisfactory to the
				  court.
(b) An
				  application for an allowance may also be made on two days' notice to all
				  attorneys appearing in the proceeding. Such application shall be accompanied by
				  an affidavit setting forth the number of days necessarily occupied in the
				  hearing or trial; the time occupied on each day in the rendition of the
				  services; and a detailed statement of the nature and extent of the services
				  rendered, including services necessarily rendered or to be rendered in the
				  drawing, entering or executing of the decree.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.40 - Accountings

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Whenever a petition for a voluntary accounting is presented, the account to
				  which it relates must be filed therewith, if not previously filed, and a
				  citation to settle such account must thereupon be procured and served on the
				  parties required to be cited.
(b) Unless otherwise directed by the
				  court, upon an accounting by an executor, trustee, or administrator cum
				  testamento annexo, a copy of the will or trust instrument must be filed with
				  the petition and account.
(c) Insofar as may be practical, all
				  accounts shall conform with and contain such schedules and information as may
				  be called for in such forms as may from time to time be provided by the Chief
				  Administrator of the Courts or, in the absence thereof, by the court. In the
				  account of a trustee of a common trust fund for a period that begins at the
				  close of the prior intermediate account:
(1) the statements of increases and
				  decreases shall also show gains and losses realized on disposition of assets
				  based upon the fair market values at the beginning of the account of assets
				  held at the beginning of the account and the inventory values of all other
				  assets; and
(2) the
				  statement of assets on hand at the close of the account shall also show that
				  increase or decrease in the fair market value of the assets at the close of the
				  account in relation to the fair market values at the beginning of the account
				  of those assets which were held at the beginning of the account and in relation
				  to the inventory values of the remainder of said assets.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.41 - Contested accountings

Current through Register Vol. 46, No. 28,
				  July 10, 2024
On any accounting by an executor,
					 administrator, temporary administrator, guardian or trustee, any creditor or
					 any other party interested may file objections thereto in writing within such
					 time as shall be allowed by the Surrogate. Such objections must be served upon
					 the accounting party or the accounting party's attorney before the filing
					 thereof in the court. A guardian ad litem appointed in an accounting proceeding
					 shall file a report or objections within 20 days after the appointment unless
					 for cause shown the time to file such report or objections is extended by the
					 Surrogate.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.42 - Report of estates not fully distributed

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) Whenever the estate of a decedent has
				  not been fully distributed or a final accounting filed with petition for
				  settlement within two years from the date when the first permanent letters of
				  administration or letters testamentary were issued where the gross taxable
				  estate of such decedent does not require the filing of a Federal estate tax
				  return, and within three years if a Federal estate tax return is required, the
				  executor or administrator shall, at or before the end of the first complete
				  month following the expiration of such time, file with the clerk of the court a
				  statement in substantially the following form:
SURROGATE'S COURT Report pursuant to 22 NYCRR
					 207.42
............ COUNTY
Estate of ............, Deceased
File No. ............
Date of issuance of first permanent letters
					 ............
Approximate amount of gross estate
					 ............
Approximate amount that has been distributed
					 to beneficiaries ............
Approximate amount remaining in fiduciary's
					 hands at present ............
This estate has not yet been fully
					 distributed for the following reason: (state briefly)
............
............
............
............
Date of this report ............
Fiduciary
Address: ____________
Phone: ____________
Attorney for above Fiduciary
Address: ____________
Phone: ____________
(b) The court shall thereupon
				  take such steps as it deems appropriate to expedite the completion of the
				  administration of the estate and the distribution of all assets.
(c) Failure to file such
				  statement will be considered by the court on any application for commissions or
				  legal fees, and may constitute a ground for disallowance of commissions or
				  fees.
(d) The periods
				  set forth in subdivision (a) of this section are not intended to set a standard
				  time for completion of estate administration, but rather to fix a period after
				  which inquiry may be made by the court.
(e) This section shall not limit the
				  power of the court to direct an accounting at any time on its own initiative or
				  on petition pursuant to SCPA 2205.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.43 - Filing estate tax return

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) For all persons who die on or after
				  May 26, 1990, for whom an estate tax return is required to be filed pursuant to
				  section 971 of the Tax Law, if
				  a petition for probate or administration was filed with the Surrogate's Court,
				  the person required to file the tax return shall file a copy of the tax return
				  with such Surrogate's Court, pursuant to section
				  972 (c) of the Tax Law,
				  within 10 days of filing the original tax return with the Commissioner of
				  Taxation and Finance; provided, however, this section shall not apply where the
				  decedent died on or after February 1, 2000 and the Surrogate's Court in which
				  the petition for probate or administration was filed has not adopted a rule
				  pursuant to section972
				  (c) of the Tax Law requiring the filing of a
				  copy of the tax return with such court.
(b) Failure to file a copy of the estate
				  tax return when required pursuant to this section together with any filing fee
				  required pursuant to law shall authorize the court to compel an accounting
				  pursuant to SCPA 2205 and may constitute grounds for revocation of letters,
				  imposition of a surcharge or disallowance of commissions or legal
				  fees.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.44 - Payment of estate tax

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) No
				  decree of final settlement of an executor's or administrator's account or of
				  the discharge of an executor or administrator shall be signed unless the
				  petition is accompanied or preceded by a copy of the letter from the Estate and
				  Gift Tax Section of the New York Department of Taxation and Finance captioned
				  "New York Estate Tax Discharge from Liability" showing that no final estate tax
				  is due or that the final estate tax plus interest and penalties, if any, have
				  been paid.
(b) Nothing
				  herein shall preclude the discharge of an executor or an administrator who has
				  complied with the requirements of section 1804(3) of the Surrogate' s Court
				  Procedure Act where a tax has been fixed but not paid because of insufficient
				  funds in the estate, or the representative seeks a discharge before the estate
				  has been administered, or where no return has been filed, or for other
				  sufficient cause.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.45 - Attorney's fees; fixation of compensation

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) In any proceeding in which the relief
				  requested includes determination of compensation of an attorney or the
				  allowance of expenses of counsel, there shall be filed with the petition an
				  affidavit of services which shall state when and by whom the attorney was
				  retained; the terms of the retainer; the amount of compensation requested;
				  whether the client has been consulted as to the fee requested; whether the
				  client consents to the same or, if not, the extent of disagreement or nature of
				  any controversy concerning the same; the period during which services were
				  rendered; the services rendered, in detail; the time spent; and the method or
				  basis by which the requested compensation was determined. The affidavit also
				  shall state whether the fee includes all services rendered and to be rendered
				  up to and including settlement of the decree and distribution, if any,
				  thereunder and whether the attorney waives a formal hearing as to
				  compensation.
(b)
				  Except when the SCPA otherwise provides or when compelling reasons exist for so
				  doing, the court shall not fix attorneys' compensation or make allowances to
				  parties for counsel expenses unless a proceeding is instituted under SCPA 2110
				  or unless, in an accounting, the petition and citation state that an
				  application will be made for determination of compensation, the allowance of
				  counsel expenses and the amount thereof.
(c) Reports, affidavits and statements
				  relating to fixation of fees and allowances shall be served upon the petitioner
				  and upon all attorneys, guardians ad litem and parties appearing in person
				  (other than those who have theretofore filed waivers). Proof of such service
				  shall be filed with the court.
(d) In any proceeding for the
				  determination of kinship in which an attorney appears for any party not a
				  resident of the United States, the attorney shall institute a proceeding
				  pursuant to SCPA 2110 for the fixation of his or her compensation and shall
				  comply with the provisions set forth in subdivisions (a) through (c) of this
				  section.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.46 - Small estate proceedings

Current through Register Vol. 46, No. 28,
				  July 10, 2024
In all proceedings for the settlement of small
					 estates without court administration (SCPA article 13), if additional
					 certificates of voluntary administration are requested, other than updated or
					 replacement certificates for the same asset or assets as the original
					 certificate, such request shall be accompanied by an affidavit from either the
					 voluntary administrator or the attorney of record setting forth the reasons
					 additional certificates are required.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.47 - Recording assignments of interest in estates

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) No assignment of any right,
				  share or interest in an estate of a decedent shall be filed or recorded unless
				  accompanied by an affidavit in a form satisfactory to the court, which shall
				  state whether any power of attorney or separate agreement exists which relates
				  to such assignment or which fixes presently or prospectively the amount payable
				  by or to the assignor.
(b) A copy of such separate agreement
				  shall be annexed to the affidavit, if such separate agreement be in writing,
				  and a statement of the substance thereof shall be incorporated in the affidavit
				  if such separate agreement be oral. No assignment accompanied by a power of
				  attorney shall be recorded unless such power of attorney be recorded.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.48 - Filing and recording of powers of attorney

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) No power of attorney
				  affecting any interest in a decedent's estate shall be filed or recorded
				  pursuant to E PTL 13-2.3 unless:
(1) the instrument is satisfactory to the
				  court as to form, content and manner of execution; and
(2) the person offering the
				  instrument for filing or recording shall furnish an affidavit of the
				  attorney-in-fact, stating: the circumstances under which the power of attorney
				  was procured; the post office address of the grantor, the amount of his or her
				  interest and relationship, if any, to the decedent; the financial arrangement
				  and exact terms of compensation of the attorney-in-fact or of any other person
				  concerned with the matter; disbursements to be charged to the grantor; a copy
				  of any agreement concerning compensation; and the name of any attorney
				  representing the attorney-in-fact.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.49 - Applications for appointment of successor custodians under EPTL 7-4.7

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) A
				  petition for the appointment of a successor custodian under E PTL 7-4.7 shall
				  show:
(1) the relationship
				  between the petitioner and the minor;
(2) the age of the minor;
(3) the facts concerning the
				  original gift;
(4)
				  whether the donor was the original custodian and, if not, whether he or she
				  joins in the application;
(5) the adult members of the minor's
				  family;
(6) whether
				  there is a general or testamentary guardian of the minor and, if so, whether he
				  or she joins in the application;
(7) what was the relationship between the
				  custodian and the petitioner if the donor was the custodian and is now
				  deceased;
(8) if the
				  donor custodian and petitioner were husband and wife, whether they were living
				  together and whether the infant resided with them;
(9) with whom the minor is now
				  living; and
(10) the
				  monies and securities to be delivered to the successor custodian and the value
				  of such securities.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.51 - Appearance of a guardian, committee or conservator; affidavit required of attorney

Current through Register Vol. 46, No. 28,
				  July 10, 2024
If the affidavit required by SCPA 402 shows
					 that the guardian, committee or conservator is entitled to share in the
					 distribution of the estate or fund in which the infant, incompetent or
					 conservatee is interested or that the guardian, committee or conservator is in
					 any way interested in the estate or fund, such affidavit must state fully the
					 nature of his or her interest. Whenever a guardian, committee or conservator
					 appears by an attorney, the latter shall accompany his or her notice of
					 appearance with an affidavit showing the circumstances which led to his or her
					 employment and whether his or her employment was suggested or accelerated
					 either directly or indirectly by the proponent or accounting party or by the
					 attorney for either of them or by any other person whose interest in the
					 proceeding is adverse to that of the infant, incompetent or conservatee, and
					 showing further that the attorney is free of any restraint, whether
					 professional, personal or otherwise, in his or her complete independence of
					 action on behalf of his or her client or ward.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.52 - Accounting of an attorney-fiduciary

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Within 12 months from the issuance of
				  letters, or 24 months if the estate must file a Federal estate tax return, if a
				  sole executor or administrator administering an estate is also an attorney
				  admitted in this State, and he or she or the law firm with which the attorney
				  is affiliated is acting as counsel for the estate, the attorney-fiduciary shall
				  file an affidavit setting forth:
(1) the total commissions paid or to be
				  paid to him or her; and
(2) the total attorney's fees paid or to
				  be paid (by court order, if required) to him or her or to the law firm with
				  which he or she is affiliated, for services rendered to the estate.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.54 - Adoption rules; application

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Sections
				  207.54 through
				  207.58 of this Part shall be
				  applicable to all agency and private- placement adoption proceedings in
				  Surrogate's Court.
(b)
				  In any agency adoption, a petition may be filed to adopt a child who is the
				  subject of a termination of parental rights proceeding and whose custody and
				  guardianship has not yet been committed to an authorized agency, provided that:
(1) the adoption petition is
				  filed in the same court where the termination of parental rights proceeding is
				  pending; and
(2) the
				  adoption petition, supporting documents and the fact of their filing shall not
				  be provided to the judge before whom the petition for termination of parental
				  rights is pending until such time as fact-finding is concluded under that
				  petition.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.56 - Investigation by disinterested person; adoption

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) The probation service or an
				  authorized agency or disinterested person is authorized to and, at the request
				  of the court, shall interview such persons and obtain such data as will aid the
				  court in determining the truth and accuracy of an adoption petition under
				  article 7 of the Domestic Relations Law, including the allegations set forth in
				  the schedule annexed to the petition pursuant to section 112(3) of that law and
				  such other facts as are necessary to a determination of the petition.
(b) The adoptive parent or
				  parents and other persons concerned with the proceeding shall be notified of
				  the date, time and place of any interview by a disinterested person or
				  authorized agency designated by the court in accordance with sections
				  112 and
				  116 of
				  the Domestic Relations Law.
(c) The written report of the
				  investigation conducted pursuant to subdivision (a) of this section shall be
				  submitted to the court within 30 days from the date on which it was ordered, or
				  earlier as the court may direct, unless, for good cause, the court shall grant
				  an extension for a reasonable period of time not to exceed an additional 30
				  days.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.57 - Special applications

Current through Register Vol. 46, No. 28,
				  July 10, 2024
All applications, including applications to
					 dispense with statutorily required personal appearances, period of residence of
					 a child, or period of waiting after filing of the adoption petition, shall be
					 made in writing and shall be accompanied by affidavits setting forth the
					 reasons for the application and all facts relevant thereto.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.58 - Petition for guardianship by adoptive parent

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) When a petition for
				  temporary guardianship has been filed by an adoptive parent or parents pursuant
				  to section
				  115-c
				  of the Domestic Relations Law, the clerk of the court in which the petition has
				  been filed shall distribute a written notice to the adoptive parents and
				  lawyers who have appeared, and to the Commissioner of Social Services or the
				  Director of the Probation Service, as appropriate, indicating that:
(1) a petition for adoption must
				  be filed in the court in which the application for temporary guardianship has
				  been brought within 45 days from the date of the signing of the consent to
				  adoption;
(2) any
				  order or decree of temporary guardianship will expire no later than nine months
				  following its issuance or upon the entry of a final order of adoption whichever
				  is sooner, unless, upon application to the court, it is extended for good
				  cause;
(3) any order
				  or decree of temporary guardianship will terminate upon withdrawal or denial of
				  a petition to adopt the child, unless the court orders a continuation of such
				  order or decree.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.59 - Proceedings involving custody of Native American child

Current
				  through Register Vol. 46, No. 28, July 10, 2024
In any proceeding in which the custody of a
					 child is to be determined, petition shall be set forth whether the child is a
					 Native American child subject to the Indian Child Welfare Act of 1978
					 (25 USC
					 1901 -
					 1963), and the court
					 shall proceed further, as appropriate, in accordance with the provisions of
					 that act.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.61 - Proceedings for certification as a qualified adoptive parent or parents

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Where the petition in a proceeding for certification as a qualified adoptive
				  parent or parents alleges that petitioner or petitioners will cause a
				  preplacement investigation to be undertaken, the petition shall include the
				  name and address of the disinterested person by whom such investigation will be
				  conducted.
(b) The
				  report of the disinterested person conducting the preplacement investigation
				  shall be filed by such person directly with the court, with a copy of such
				  report delivered simultaneously to the applicant or applicants.
(c) The court shall order a
				  report (1) from the statewide central register of child abuse and maltreatment
				  setting forth whether the child or the petitioner is, or petitioners are, the
				  subject of or another person named in an indicated report, as such terms are
				  defined in section
				  412 of the
				  Social Services Law, filed with such register; and (2) from the New York State
				  Division of Criminal Justice Services setting forth any existing criminal
				  record of such petitioner or petitioners in accordance with section
				  115-d
				  (3-a) of the Domestic Relations Law;
				  provided, however, that where the petitioner(s) have been fingerprinted
				  pursuant to Social Services Law 378-a, the authorized agency in possession of a
				  current criminal history summary report from the New York State Office of
				  Children and Family Services may be requested to provide such report to the
				  court in lieu of a report from the New York State Division of Criminal Justice
				  Services.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.62 - Calendaring of proceedings for adoption from an authorized agency

Current through Register Vol. 46, No. 28, July 10,
				  2024
Proceedings for adoption from an authorized
					 agency shall be calendared as follows:
(a) Within 60 days of the filing of the
				  petition and documents specified in section
				  112-a
				  of the Domestic Relations Law, the court shall schedule a review of said
				  petition and documents to take place to determine if there is adequate basis
				  for approving the adoption.
(b) If such basis is found, the court
				  shall schedule the appearance of the adoptive parent(s) and child before the
				  court, for approval of the adoption, within 30 days of the date of the
				  review.
(c) If, upon
				  the court's review, the court finds that there is not an adequate basis for
				  approval of the adoption, the court shall direct such further hearings,
				  submissions or appearances as may be required, and the proceeding shall be
				  adjourned as required for such purposes.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.63 - Annual report of public administrator

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Each surrogate shall request from the
				  public administrator a year-end annual report which, with the participation of
				  the counsel to the public administrator, addresses the following areas: office
				  procedures and recordkeeping; case management of estates; cash management of
				  estate accounts and financial assets; property management; sale of real and
				  personal property; selection and compensation of outside vendors; and
				  statistical summaries of number of estates under administration, gross value of
				  estates under administration, statutory commissions earned by the public
				  administrator or counsel to the public administrator, legal fees earned by each
				  counsel to the public administrator, and expenditures by the public
				  administrator on vendors, lessors and other service providers other than
				  counsel.
(b) Each
				  surrogate shall transmit to the Chief Administrator of the Courts the annual
				  report of the public administrator and counsel to the public administrator,
				  together with whatever written commentary thereon the surrogate deems
				  appropriate and necessary in view of his or her oversight role in connection
				  with the operations and performance of the office of the public administrator
				  and counsel to the public administrator.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.64 - Omission or Redaction of Confidential Personal Information; Public Access to Certain Filings

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Omission or Redaction of
				  Confidential Personal Information.
(1) Except as otherwise provided by rule
				  or law or court order, and whether or not a sealing order is or has been
				  sought, the parties shall omit or redact confidential personal information in
				  papers submitted to the court for filing. For purposes of this rule,
				  confidential personal information ("CPI") means:
i. the taxpayer identification number of
				  an individual or an entity, including a social security number, an employer
				  identification number, and an individual taxpayer identification number, except
				  the last four digits thereof; and
ii. other than in a proceeding under
				  Article 13 of the SCPA, 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.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.1 - Application of Part; waiver; additional rules; application of NYCCCA; definitions

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Application. This Part shall be
				  applicable to all actions and proceedings in the Civil Court of the City of New
				  York.
(b) Waiver. For
				  good cause shown, and in the interests of justice, the court in an action or
				  proceeding may waive compliance with any of the rules in this Part, other than
				  sections 208.2 and
				  208.3, unless prohibited from
				  doing so by statute or by a rule of the Chief Judge.
(c) Additional rules. 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).
(d) Application of the New York
				  City Civil Court Act. The provisions of this Part shall be construed as
				  consistent with the New York City Civil Court Act (NYCCCA), and matters not
				  covered by these provisions shall be governed by the NYCCCA.
(e) Definitions.
(1) Chief Administrator of the
				  Courts in this Part includes a designee of the Chief Administrator.
(2) Unless otherwise defined in
				  this Part, or the context otherwise requires, all terms used in this Part shall
				  have the same meaning as they have in the NYCCCA and the CPLR.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.2 - Divisions of court; terms and structure

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Divisions of the court shall be
				  designated as follows:
(1) The
				  Civil Court of the City of New York, County of Bronx.
(2) The Civil Court of the City
				  of New York, County of Kings.
(3) The Civil Court of the City of New
				  York, County of New York.
(4) The Civil Court of the City of New
				  York, County of Queens.
(5) The Civil Court of the City of New
				  York, County of Richmond.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.3 - Parts of court; structure

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) General. A part of court is a
				  designated unit of the court in which specified business of the court is to be
				  conducted by a judge or quasi-judicial officer.
(b) Number and types. In each division
				  there shall be such number of calendar parts, trial parts, motion parts,
				  conference parts, multipurpose parts, and other special parts of court, and any
				  combination thereof, as may be established from time to time by the Chief
				  Administrator of the Courts. 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.
(1) Calendar part. A calendar part is a
				  part of court for the maintaining and calling of a calendar of cases, and for
				  the hearing and disposition of all motions and applications, including orders
				  to show cause and applications for adjournments, in civil actions that have
				  been placed on a reserve or ready calendar but not yet assigned to a trial
				  part.
(2) Trial part.
				  A trial part is a part of court for the trial of civil actions and for the
				  hearing and determination of all motions and applications, including orders to
				  show cause, made after an action is assigned to a trial part.
(3) Motion part. A motion part
				  is a part of court for the hearing and determination of motions and
				  applications that are not otherwise required by this Part to be made in a
				  calendar part, trial part or conference part.
(4) Conference part. A conference part is
				  a part of court for the precalendar or pretrial conference of actions as may be
				  provided by this Part or by order of the Chief Administrator.
(5) Multipurpose part. A
				  multipurpose part is a part of court for the performance of the functions of a
				  calendar part, a trial part, a motion part, a conference part, as well as other
				  special parts of court, or any combination thereof.
(6) Additional parts. Additional
				  parts, including parts with special or limited functions, may be established
				  from time to time by order of the Chief Administrator for such purposes as may
				  be assigned by the Chief Administrator.
(7) Transfer of actions. By order of the
				  Chief Administrator, proceedings and matters may be transferred, as the Chief
				  Administrator deems necessary, from one part of court to another in the same
				  division, regardless of the denomination of the parts.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.4 - Papers Filed in Court

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Index Number; Form; Label
The party causing the first paper to be
					 filed shall obtain an index number and communicate it forthwith to all other
					 parties to the action. Thereafter such number shall appear on the outside cover
					 and first page, to the right of the caption, of every paper tendered for filing
					 in the action. 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. 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. In addition,
					 every paper filed in court, other than an exhibit or printed form, shall
					 contain writing on one side only, except that papers that are fastened on the
					 side may contain writing on both sides. Papers that are stapled or bound
					 securely shall not be rejected for filing simply because they are not bound
					 with a backer of any kind.
(b) Omission or Redaction of
				  Confidential Personal Information in Civil Actions and Proceedings.
(1) Except for any action or
				  proceeding arising under the Vehicle and Traffic Law, or prosecution of a
				  violation of an ordinance of a city, town or village, or in a petition for
				  change of name under the Civil Rights Law, or as otherwise provided by rule or
				  law or court order, and whether or not a sealing order is or has been sought,
				  the parties shall omit or redact confidential personal information in papers
				  submitted to the court for filing. For purposes of this rule, confidential
				  personal information ("CPI") means:
i. the taxpayer identification number of
				  an individual or an entity, including a social security number, an employer
				  identification number, and an individual taxpayer identification number, except
				  the last four digits thereof;
ii. the date of an individual's birth,
				  except the year thereof;
iii. the full name of an individual
				  known to be a minor, except the minor's initials; and
iv. 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.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.5 - Submission of papers to judge

Current through Register Vol. 46, No.
				  28, July 10, 2024
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. All papers for any judge
					 that are filed in the clerk's office shall be promptly delivered to the judge
					 by the clerk. The papers shall be clearly addressed to the judge for whom they
					 are intended and prominently show the nature of the papers, the title and index
					 number of the action in which they are filed, and the name of the attorney or
					 party submitting them.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.6 - Summons

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) The summons
				  shall state the county division and location of the court in which the action
				  is brought, as well as the names of the parties, and shall comply with all the
				  provisions of the NYCCCA applicable to summonses.
(b) The following form is to be used in all
				  cases:
CIVIL COURT OF THE CITY OF NEW YORK...
Index No...........................................
COUNTY OF...........................................
...........................................
)...........................................
Plaintiff,
					 )...SUMMONS...........................................
...)...........................................
)..Plaintiff's
					 Residence...........................................
)..Address:...........................................
...)...........................................
-against-..)...........................................
)...........................................
Defendant,)....The basis of the
					 venue...........................................
)..designated
					 is:...........................................
...........................................
To the above named defendant:
YOU ARE HEREBY SUMMONED to appear in the Civil Court of the
					 City of New York, County of __ at the office of the Clerk of the said Court at
					 __ in the County of __ City and State of New York, within the time provided by
					 law as noted below and to file your answer to the (endorsed summons) (annexed
					 complaint)* with the Clerk; upon your failure to
					 answer, judgment will be taken against you for the sum of $_ with interest
					 thereon from the _ day of __ 19, together with the costs of this action.
Dated, the _ day of __ 19
Clerk
...........................................
or
Attorney(s) for Plaintiff
Post-Office Address
Telephone Number
NOTE: The law provides that:
(a) if this summons is served by its delivery
				  to you personally within the City of New York, you must appear and answer
				  within TWENTY days after such service; or
(b) if this summons is served by delivery to
				  any person other than you personally, or is served outside the City of New
				  York, or by publication, or by any means other than personal delivery to you
				  within the City of New York, you are allowed THIRTY days after the proof of
				  service thereof is filed with the Clerk of this Court within which to appear
				  and answer.
*If the cause of action is for
					 money only and a formal complaint is not attached to the summons, strike the
					 words "annexed complaint." If a formal complaint is attached to the summons,
					 strike the words " endorsed summons."
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.7 - Pleadings

Current through Register Vol. 46, No. 28, July 10,
				  2024
(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. Any other party may move at the appropriate motion part to
				  modify or vacate such ex parte order.
(b) All formal pleadings in this court
				  and verifications thereof shall be in conformity with CPLR article
				  30.
(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.
(d) A defendant's time to move
				  or answer may be extended by ex parte order no more than once, and for no
				  longer than 10 days beyond the expiration of the original time to answer, and
				  only if there has been no previous extension by consent. All further
				  applications for extensions shall be made by motion upon notice returnable in
				  the part designated to hear motions on notice.
(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.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.8 - Venue

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Motions for a change of venue. Motions for a change of venue shall be heard in
				  the county division of the court in which the action was instituted. An order
				  of transfer shall direct the disposition of the papers then on file.
(b) Venue of transitory action
				  laid in wrong county division. 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. 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. Where the wrong county division is stated in the
				  summons, the time of the defendant to appear or answer shall be the later of:
(1) the original time to answer;
				  or
(2) the date 10
				  days after the summons is filed in the proper county division, with proof of
				  service upon the defendant by registered or certified mail of notice stating:
(i) the proper county
				  division;
(ii) the
				  date of filing of the summons;
(iii) the date within which the answer or
				  notice of appearance is to be filed; and
(iv) the address at which it is to be
				  filed.