New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 601 - Newspapers › Section 601.1 - Publication of legal notices in first department; designation of newspapers

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Whenever a notice, summons, citation, order or other paper shall be required by
						  the Civil Practice Law and Rules or other provision of law, or by the order of
						  any court or a judge or justice thereof, or of a surrogate or of the clerk of a
						  court or any other official or individual, to be published in a newspaper in
						  the first department, or public notice of any application to a court or judge
						  or other officer shall be required to be given by publication thereof in a
						  newspaper in the first department, or where any court or a judge thereof or a
						  surrogate or other judicial officer or public officer is authorized or required
						  to designate a newspaper in the first department for the publication of any
						  such notice, summons, citation, order or other paper, the newspaper designated
						  by any court or judge thereof, or surrogate or other judicial officer or public
						  officer, shall be a newspaper designated by the Appellate Division of the
						  Supreme Court in the first department as hereinafter provided, and no such
						  publication shall be deemed to give the notice required to be given if the same
						  is published in any newspaper in the first department which has not been
						  designated by an order of the Appellate Division of the Supreme Court in the
						  first department; and the publication of such notice, summons, citation, order
						  or other paper in any undesignated newspaper in the first department shall not
						  be deemed a compliance with any provision of the Civil Practice Law and Rules
						  or other provision of law or of the order of any court or judge.
(b) The Appellate Division of
						  the Supreme Court in the first department shall from time to time designate
						  such newspapers in such department as in its opinion have such a circulation as
						  is calculated to give public notice of a legal publication, and from time to
						  time revoke such designation. To entitle a newspaper to such a designation, it
						  must file with the clerk a statement, duly verified, showing that it has been
						  established at least one year and has been entered in the United States Post
						  Office as second class matter, the amount of its average net paid circulation,
						  the time and place of its regular publication, a statement of its charges for
						  legal publications which shall not exceed its regularly established classified
						  advertising rate, that it is familiar with the requirements for the publication
						  of legal notices and the proper form of affidavit of publication, and that it
						  will maintain records containing sufficient information to enable it to
						  determine whether a legal notice has been published in any of its issues and to
						  execute an affidavit of publication thereof.
(c) All newspapers designated under
						  this rule for the publication of legal notices must file by January 31st of
						  each year with the clerk of the court the following:
(1) a copy of the statement of
						  ownership, management and circulation as filed with the United States Postal
						  Service for the prior year; and
(2) an affidavit duly acknowledged by
						  an editor, publisher, business manager or owner, affirming the accuracy of the
						  information contained in the statement of ownership, management and
						  circulation.
Failure to file the documents required
							 by this subdivision may result in revocation of the newspaper's designation by
							 order of this court without further notice.