reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 10-B

Current through Register Vol. 46, No. 28, July 10, 2024
(cf. Part 458)
(Name of Municipality or Cooperative)
CERTIFICATE OF COMPLIANCE
Expansion of Existing Electric Service for the Purpose of
				Conversion to
Electric Heat
The undersigned certifies that the
[ ] Existing Dwelling(s) [ ] Mobile Home(s)
[ ] Existing Commercial Structure(s)
at ____________ (Location)
is (are) or will be in compliance with the "Minimum Insulation
				and Heating System Standards" prescribed by the Power Authority of the State of
				New York and which are incorporated in the service rules of (name of
				municipality or cooperative), not later than 30 days after completion of
				expansion of existing electric service for the purpose of providing electric
				heat.
It is understood that electric service will not be connected or
				will be disconnected if, upon inspection, the structure is found not to be in
				compliance with the conditions set forth.
The undersigned certifies that a properly executed copy of this
				certificate will be delivered to the owner on completion of the electric work;
				and agrees that any successor in title to the owner shall be deemed a
				beneficiary of the undertakings described in this certificate.
Dated: ____________
______________
Signature of Builder or Contractor
Dated: ____________
______________
Signature of Representative of
Municipal Electric Department, Building
Code Enforcement Inspector or
Qualified Representative of the Municipal
				Government
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 10-C

Current through Register Vol. 46, No. 28, July 10, 2024
(cf. Part 458)
(Name of Municipality or Cooperative)
CERTIFICATE OF COMPLIANCE
Provision of Electric Service to Buildings Subject to
				the
State Energy Conservation Construction Code
The undersigned certifies that the building(s)
at ____________ (Location)
is (are) or will be in compliance with the New York State
				Energy Conservation Construction Code, promulgated as regulations of the New
				York State Energy Office in 9 NYCRR Parts 7810 through 7815, not later than 30
				days after time of occupancy of the new residential building(s) or 30 days
				after completion of expansion of electric service for the purpose of providing
				electric heat to any addition, alteration or renovation of the existing
				building(s) which materially increases its (their) heating or cooling
				requirements.
It is understood that electric service will not be connected or
				will be disconnected if, upon inspection, the structure is found not to be in
				compliance with the conditions set forth.
The undersigned certifies that a properly executed copy of this
				certificate will be delivered to the owner prior to closing, in the case of new
				construction, or in the case of expansion of existing electric service as
				specified above for the purpose of providing electric heat, on completion of
				the electric work; and agrees that any successor in title shall be deemed a
				beneficiary of the undertakings described in this certificate.
Dated: ____________
______________
Signature of Builder or Contractor
Dated: ____________
______________
Signature of Representative of
Municipal Electric Department, Building
Code Enforcement Inspector or
Qualified Representative of
the Municipal Government
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 23-A

Current through Register Vol. 46, No. 28, July 10, 2024
Exempt Acts include:
1. Any act, decision, or commitment required
			 to be made within a specific time limit set by law, rule, regulation or set by
			 other legally imposed requirement where such time limit renders impact
			 statement analysis impossible.
2.
			 Actions necessitated by emergencies including, but not limited to:
a.) Clean-up of flood and storm damage.
b.) Emergency local assistance.
c.) Accident clean-up.
3. Approval and execution of grants or
			 contracts for the rehabilitation, maintenance or repair of existing
			 transportation facilities or structures not involving an expansion of the
			 facility or structure.
4. Approval
			 and execution of grants or contracts for the purchase of equipment which will
			 be used to rehabilitate, maintain or repair existing transportation facilities
			 or structures.
5. All ministerial
			 acts including, but not limited to those listed in Appendix B of this
			 Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 23-B

Current through Register Vol. 46, No. 28, July 10, 2024
Ministerial Acts include:
1. The inspection of vehicles used in the
			 transport of passengers for hire and vehicles used to transport children to and
			 from school.
2. The inspection of
			 motor trucks to insure compliance with safety requirements.
3. The inspection of railroad track,
			 facilities and equipment to insure compliance with safety
			 requirements.
4. All suspensions or
			 revocations of certificates or permits or other enforcement actions, after
			 regulatory investigatory proceeding, for failure to comply with any rule,
			 regulation or order of the Chairman.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 25-A

Current through Register Vol. 46, No. 28, July 10, 2024
APPLICATION FOR INFORMATION FROM CDTA AND ITS
				SUBSIDIARIES
PURSUANT TO SECTION
				88 OF THE
				PUBLIC OFFICERS LAW
Request for Public Information
DATE:
Name:
Address:
Telephone Number:
Ogranization (if any):
Name of News Medium (if applicable):
Address of News Medium (if applicable):
Description of record to which access is requested or copy made
				available:
# of pages x $. $ ________
# of pages x $. $ ________
Total charge $ ________
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 25-B

Current through Register Vol. 46, No. 28, July 10, 2024
CDTA AND SUBSIDIARIES
FEES PURSUANT TO SECTION
				88 OF THE
				PUBLIC OFFICERS LAW
Per page not over 81/2" x 14" $0.10
Other--cost of reproduction to be set by
				Comptroller
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 45

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these Appendixes is to simplify the task of
				determining whether or not a proposed action will not have a significant effect
				upon the environment by identifying actions or classes of actions that are
				considered by the issuer to be exempt or ministerial actions and those which,
				in the judgement of the issuer, will not have a significant effect upon the
				environment.
Because of the complex and varied nature of the issuer's
				actions, the lists in these Appendices are not all-inclusive. The omission from
				the lists of an action does not mean that it is automatically an action
				requiring environmental impact statement preparation. The criteria set forth in
				6 NYCRR 617.9 and criteria included in 6 NYCRR 617.10 and this Part shall be
				used to determine significance with respect to actions not listed in these
				Appendices.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 45-A

Current through Register Vol. 46, No. 28, July 10, 2024
EXEMPT ACTIONS
The purpose of this Appendix is to classify actions or classes
				of actions which the issuer has determined to be exempt acts under this Part.
				Exempt acts include:
Any act, decision, or commitment required to be made within a
				specific time set by Federal law, rule, regulation or set by other Federally
				imposed requirement where such time limit renders EIS analysis
				impossible.
All maintenance and repair activities involving existing
				facilities and structures.
Actions necessitated by emergencies, including, but not limited
				to, clean-up of flood and storm damage and accident clean-up.
Approval and execution of grants or contracts for the
				rehabilitation, maintenance or repair of existing facilities or structures not
				involving an expansion of the facility or structure.
Approval and execution of grants or contracts for the purchase
				of equipment which will be used in connection with existing facilities or
				structures.
All ministerial acts, including those listed in Appendix 45-B
				of this Title.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 45-B

Current through Register Vol. 46, No. 28, July 10, 2024
MINISTERIAL ACTS
The purpose of this Appendix is to classify actions or classes
				of actions which the issuer has determined to be ministerial actions under this
				Part. Ministerial acts include:
Any act, decision or commitment required to be made pursuant to
				preexisting contractual arrangements by which the issuer is bound.
All enforcement actions commenced by or on behalf of the issuer
				against third parties to enforce compliance by such third party with any
				provision of any contract, law, rule, ordinance, etc. by which such third party
				is bound.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 46

Current through Register Vol. 46, No. 28, July 10, 2024
APPENDICES
Lists of actions. The purpose of these appendices is to
				simplify the task of determining whether or not a proposed action is an exempt
				action or may have a significant effect on the environment by identifying
				actions or classes of actions that are likely to have a significant effect and
				those which will not have a significant effect.
Because of the complex and varied nature of actions, the lists
				in these appendices are not all inclusive. The omission from the lists of an
				action does not mean that it is exempt from these OCWA-EQ Regulations, nor does
				it mean that it is automatically an action requiring environmental impact
				statement preparation. The criteria set forth in Section 6 NYCRR 617.9 and
				criteria included in 6 NYCRR 617.10 and this Part shall be used to determine
				significance with respect to actions not listed in this section. The following
				classification system as used in Appendices B and C.
Type I Actions or classes of actions that are likely to require
				preparation of environmental impact statements because they will in almost
				every instance have a significant effect on the environment.
Type II Actions or classes of actions which have been
				determined not to have a significant effect on the environment and which do not
				require environmental impact statements or are exempt or ministerial
				action.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 46-A

Current through Register Vol. 46, No. 28, July 10, 2024
APPENDIX A: EXEMPT ACTIONS
The purpose of this Appendix A is to classify actions or
				classes of actions which the Authority has determined to be exempt acts under
				these regulations. Exempt acts include, but are not limited to:
Any act, decision, or commitment required to be made within a
				specific time set by federal law, rule, regulation or set by other federally
				imposed requirement where such time limit renders EIS analysis
				impossible.
All maintenance and repair activities involving existing
				facilities and structures.
Actions which are immediately necessary on an emergency basis
				for the protection or preservation of life, health, property or natural
				resources, including but not limited to water line or water storage breaks or
				leaks, contamination of water, threatened or actual dam failures, flooding,
				pump or other mechanical failures.
Approval and execution of grants or contracts for the
				rehabilitation, maintenance or repair of existing facilities or structures not
				involving a substantial expansion of the facility or structure.
Approval and execution of grants or contracts for the purchase
				of equipment which will be used in connection with existing facilities or
				structures.
All ministerial acts.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 48

Current through Register Vol. 46, No. 28, July 10, 2024
APPENDICES
The purpose of these appendices is to simplify the task of
				determining whether or not a proposed action will not have a significant effect
				upon the environment by identifying actions or classes of actions that are
				considered by the Issuer to be exempt or ministerial actions and those which,
				in the judgement of the Issuer, will not have a significant effect upon the
				environment.
Because of the complex and varied nature of the Issuer's
				actions, the lists in these appendices are not all-inclusive. The omission from
				the lists of an action does not mean that it is automatically an action
				requiring environmental impact statement preparation. The criteria set forth in
				section 6 NYCRR 617.9 and criteria included in 6 NYCRR 617.10 and these
				regulations shall be used to determine significance with respect to actions not
				listed in these appendices.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 48-A

Current through Register Vol. 46, No. 28, July 10, 2024
EXEMPT ACTIONS
The purpose of this Appendix A is to classify actions or
				classes of actions which the Issuer has determined to be exempt acts under
				these regulations. Exempt acts include:
Any act, decision, or commitment required to be made within a
				specific time set by federal law, rule, regulation or set by other federally
				imposed requirement where such time limit renders EIS analysis
				impossible.
All maintenance and repair activities involving existing
				facilities and structures.
Actions necessitated by emergencies, including, but not limited
				to, clean-up of flood and storm damage and accident clean-up.
Approval and execution of grants or contracts for the
				rehabilitation, maintenance or repair of existing facilities or structures not
				involving an expansion of the facility or structure.
Approval and execution of grants or contracts for the purchase
				of equipment which will be used in connection with existing facilities or
				structures.
All ministerial acts, including those listed in Appendix B of
				these regulations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 48-B

Current through Register Vol. 46, No. 28, July 10, 2024
MINISTERIAL ACTS
The purpose of this Appendix B is to classify actions or
				classes of actions which the Issuer has determined to be ministerial actions
				under these regulations. Ministerial acts include:
Any act, decision or commitment required to be made pursuant to
				preexisting contractual arrangements by which the Issuer is bound.
All enforcement actions commenced by or on behalf of the Issuer
				against third parties to enforce compliance by such third party with any
				provision of any contract, law, rule, ordinance, & by which such third
				party is bound.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 51

Current through Register Vol. 46, No. 28, July 10, 2024
APPENDICES
The purpose of these appendices is to simplify the task of
				determining whether or not a proposed action will not have a significant effect
				upon the environment by identifying actions or classes of actions that are
				considered by the issuer to be exempt or ministerial acts and those which, in
				the judgment of the issuer, will not have a significant effect upon the
				environment.
Because of the complex and varied nature of the issuer's
				actions, the lists in these appendices are not all-inclusive. The omission from
				the lists of an action does not mean that it is automatically an action
				requiring environmental impact statement preparation. The criteria set forth in
				6 NYCRR 617.9 and criteria included in 6 NYCRR 617.12 and these regulations
				shall be used to determine significance with respect to actions not listed in
				these appendices.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 51-A

Current through Register Vol. 46, No. 28, July 10, 2024
EXEMPT ACTIONS
The purpose of this Appendix 51-A is to classify actions or
				classes of actions which the issuer has determined to be exempt acts under this
				Part. Exempt acts include:
Any act, decision, or commitment required to be made within a
				specific time set by Federal law, rule, regulation or set by other Federally
				imposed requirement where such time limit renders EIS analysis
				impossible.
All maintenance and repair activities involving existing
				facilities and structures.
Actions necessitated by emergencies, including, but not limited
				to, cleanup of flood and storm damage and accident cleanup.
Approval and execution of grants or contracts for the
				rehabilitation, maintenance or repair of existing facilities or structures not
				involving an expansion of the facility or structure.
Approval and execution of grants or contracts for the purchase
				of equipment which will be used in connection with existing facilities or
				structures.
All ministerial acts, including those listed in Appendix 51-B
				of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Appendices › Appendix 51-B

Current through Register Vol. 46, No. 28, July 10, 2024
MINISTERIAL ACTS
The purpose of this Appendix 51-B is to classify actions or
				classes of actions which the issuer has determined to be ministerial actions
				under this Part. Ministerial acts include:
Any act, decision or commitment required to be made pursuant to
				preexisting contractual arrangements by which the issuer is bound.
All enforcement actions commenced by or on behalf of the issuer
				against third parties to enforce compliance by such third party with any
				provision of any contract, law, rule, ordinance, by which such third party is
				bound.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 1 - Standards And Administrative Policies-general › Section 1.0 - Preamble

Current through Register Vol. 46, No. 28, July 10,
					 2024
The purpose of these stand<introards and
						policies is to assign and regulate administrative authority in a complex,
						multi-tiered court system. The Constitution now vests in a Chief Administrator
						of the Courts, on behalf of the Chief Judge, responsibility for supervising the
						administration and operation of our courts. Heretofore this has been the
						constitutional responsibility of the Appellate Divisions of the Supreme Court
						and the Administrative Board of the Judicial Conference. These standards and
						policies reflect the judgment of the Chief Judge and of the Court of Appeals
						that sound management of our court system requires that the Appellate
						Divisions, through their presiding justices, have a significant consultative
						role in management decisions which affect the trial courts in each of the
						diverse areas of our State. This participation of the Appellate Divisions in
						court administration is consistent with our judicial tradition and is important
						to the intelligent and effective exercise of the Chief Administrator's
						constitutional functions and responsibilities.
Paramount, however, is the constitutional
						mandate for a unified administration of the courts, within the framework of
						which the consultative role of the Appellate Divisions may appropriately
						function. The Chief Administrator should also consult with the trial judges,
						the bar, and the public, either directly or through deputies, local
						administrative judges, and advisory committees.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 1 - Standards And Administrative Policies-general › Section 1.2 - Chief Administrator of the Courts; compensation

Current through Register
					 Vol. 46, No. 28, July 10, 2024
The salary of the Chief Administrator shall
						be fixed by the Chief Judge within the amount available by appropriation. He
						shall also be entitled to reimbursement for expenses actually and necessarily
						incurred by him in the performance of his duties. If a judge is appointed, he
						shall receive his judicial salary and such additional compensation as may be
						available by appropriation, and his actual and necessary
						expenses.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 1 - Standards And Administrative Policies-general › Section 1.3 - Existing rules

Current through Register Vol. 46, No. 28, July
					 10, 2024
Before amending or repealing an
						administrative rule of an Appellate Division for the efficient and orderly
						transaction of business in the trial courts, including but not limited to
						calendar practice, that was in effect on March 31, 1978, the Chief Judge or
						Chief Administrator shall consult with that Appellate
						Division.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 3 - Hours Of Court › Section 3.1 - Hours of court

Current through Register Vol. 46, No. 28, July
					 10, 2024
Notwithstanding any provision of law or
						rule of court to the contrary, throughout the State of New York the sessions of
						the Supreme Court, Court of Claims, County Court, Surrogate's Court, Family
						Court, Civil Court of the City of New York, Criminal Court of the City of New
						York, City Courts and District Courts, for the disposition of business before
						the court shall commence not later than 9:30 a.m. and conclude not earlier than
						5 p.m. Where warranted, the Chief Administrator of the Courts may authorize
						variances in the opening and closing hours of the courts, but, in such event,
						daily sessions shall total not less than six hours.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 4 - Reports Of Pending Matters › Section 4.1 - Statement of pending cases; report of pending transcripts; requirements

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The Chief Administrator of the Courts shall regularly obtain, in such form and
					 at such times as such Chief Administrator may require, (1) a statement from
					 every judge and justice of every court indicating the matters which have been
					 pending undecided before such judge or justice for a period of 60 days after
					 final submission and the reasons therefor, and (2) a statement from every
					 justice of the Supreme Court indicating any motions for or related to interim
					 maintenance or child support pending undecided before such justice for a period
					 of 30 days after final submission, and the reasons therefor.
(b) The appropriate
					 administrative judge in each judicial district shall obtain, from each court
					 reporter or court stenographer in the district, a report, in such form and at
					 such times as the Chief Administrator may prescribe, detailing the matters in
					 which a transcript has not been furnished within 40 days after an order
					 therefor has been placed, and the reasons for the delay.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 5 - Personal Assistants › Section 5.1 - Requirements for appointment of personal assistants to justices and judges

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Each justice of the Supreme Court may appoint and at pleasure remove one law
					 clerk to justice and one secretary to justice. A law clerk to justice appointed
					 pursuant to this section must meet the requirements set forth in subdivision
					 (b) of this section. No justice of the Supreme Court may appoint or continue to
					 employ any other personal assistant to render legal or clerical services unless
					 approved by the Chief Administrator of the Courts.
(b) No person shall be
					 appointed, by a judge or justice of the Court of Appeals, Appellate Division,
					 Supreme Court, Court of Claims, County Court, Surrogate's Court, and Civil
					 Court of the City of New York, as a law clerk who is not a member of the bar of
					 the State of New York or a graduate of an approved law school eligible to take
					 the New York State bar examination. Such appointee, if not a member of the bar,
					 must pass the first such bar examination following his or her appointment, or
					 else the appointment terminates upon publication of the examination results. An
					 application in writing for continuance in service may be made to the Chief
					 Judge of the Court of Appeals on behalf of a person so employed in that court,
					 or to the presiding justice of a judicial department on behalf of a person
					 employed in an Appellate Division or Appellate Term of that department, or to
					 the Chief Administrator of the Courts by the appointing authority in any other
					 court in the Unified Court System except a Town or Village Court, on behalf of
					 the appointee, and, if approved, said appointee may continue in service upon
					 condition of taking the next succeeding bar examination. If the appointee fails
					 to pass the second examination, his or her continuance in service automatically
					 terminates upon publication of the results. This rule shall be subject to
					 applicable statutory provisions, if any.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 7 - Law Guardians › Section 7.1 - Standards to regulate designation of lawyers who may be appointed law guardians to represent minors in Family Court proceedings

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Each of the Appellate
					 Divisions shall by January 1, 1980 promulgate rules pertaining to the
					 establishment and operation of a panel of lawyers qualified for assignment as
					 law guardians to represent minors in proceedings in Family Court.
(b) The panel plan, which
					 consists of the rules so promulgated, may provide for the creation of a
					 departmental advisory committee, whose membership may be representative of the
					 bar associations, law school faculties and the lay public, among
					 others.
(c) The panel
					 plan shall contain standards and administrative procedures for continuing
					 evaluation of the panel plan and panel lawyers.
(d) The panel plan shall set
					 forth standards for appointment to the panel, which may include litigation
					 experience in matters within the jurisdiction of the Family Court,
					 participation in a panel plan training program, or other qualifying
					 criteria.
(e) The
					 panel plan shall set forth standards for removal from the panel and provide a
					 removal process or mechanism.
(f) The panel plan shall provide for a
					 continuing program of training and education for members of the
					 panel.
(g) Annual
					 reports on the operation of the panels, for each calendar year, shall be filed
					 by the Appellate Divisions with the Chief Administrator of the Courts, no later
					 than July 1st of the next succeeding calendar year.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 7 - Law Guardians › Section 7.2 - Function of the attorney for the child

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) As used in this Part, attorney for
					 the child means a law guardian appointed by the Family Court pursuant to
					 section
					 249 of the
					 Family Court Act, or by the Supreme Court or a Surrogate's Court in a
					 proceeding over which the Family Court might have exercised jurisdiction had
					 such action or proceeding been commenced in Family Court or referred
					 thereto.
(b) The
					 attorney for the child is subject to the ethical requirements applicable to all
					 lawyers, including but not limited to constraints on: ex parte communication;
					 disclosure of client confidences and attorney work product; conflicts of
					 interest; and becoming a witness in the litigation.
(c) In juvenile delinquency and
					 person in need of supervision proceedings, where the child is the respondent,
					 the attorney for the child must zealously defend the child.
(d) In other types of
					 proceedings, where the child is the subject, the attorney for the child must
					 zealously advocate the child's position.
(1) In ascertaining the child's
					 position, the attorney for the child must consult with and advise the child to
					 the extent of and in a manner consistent with the child's capacities, and have
					 a thorough knowledge of the child's circumstances.
(2) If the child is capable of
					 knowing, voluntary and considered judgment, the attorney for the child should
					 be directed by the wishes of the child, even if the attorney for the child
					 believes that what the child wants is not in the child's best interests. The
					 attorney should explain fully the options available to the child, and may
					 recommend to the child a course of action that in the attorney's view would
					 best promote the child's interests.
(3) When the attorney for the child is
					 convinced either that the child lacks the capacity for knowing, voluntary and
					 considered judgment, or that following the child's wishes is likely to result
					 in a substantial risk of imminent, serious harm to the child, the attorney for
					 the child would be justified in advocating a position that is contrary to the
					 child's wishes. In these circumstances, the attorney for the child must inform
					 the court of the child's articulated wishes if the child wants the attorney to
					 do so, notwithstanding the attorney's position.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 8 - Appointment Of Relatives Of Judges › Section 8.1 - Prohibited appointments

Current through Register Vol. 46, No. 28,
					 July 10, 2024
No person shall be appointed to a position
						in any State-paid court of the Unified Court System if he or she is a relative
						within the fourth degree of relationship, or the spouse of such relative, of
						any judge or the spouse of such judge of the same court within the county in
						which the appointment is to be made. The Appellate Divisions and Appellate
						Terms of the Supreme Court shall not be considered the same court as the
						Supreme Court for purposes of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 8 - Appointment Of Relatives Of Judges › Section 8.2 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
This Part shall not apply to appointments
						to positions in the competitive class nor to persons who have held permanent
						appointments in positions in the Unified Court System prior to the effective
						date of this Part or prior to the relative becoming a judge.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 9 - Filing And Publication Of Rules And Regulations › Section 9.1 - Filing of rules and regulations required

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) All rules and regulations hereafter
					 promulgated by any court or agency of the unified court system shall be filed
					 with the Chief Administrator of the Courts. This section shall not apply to
					 instructions issued by individual judges governing the hearing of cases
					 pursuant to the Individual Assignment System.
(b) The Chief Administrator shall
					 arrange for the publication of such rules and regulations, including in the
					 Official Compilation of Codes, Rules and Regulations and the State
					 Register.
(c) The
					 provisions of subdivision (b) of this section shall not be applicable to:
(1) general rules and orders of
					 the Court of Appeals published in the State Register pursuant to section
					 52 of the
					 Judiciary Law;
(2)
					 rules of the Appellate Divisions or Appellate Terms for those courts;
					 or
(3) rules of the
					 Appellate Divisions for court-related agencies administered by the Appellate
					 Divisions.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 12 - Attendance Of Incarcerated Persons at Judicial Hearings › Section 12.1 - Attendance of Incarcerated Persons at Judicial Hearings

Current
					 through Register Vol. 46, No. 28, July 10, 2024
Whenever a court directs the temporary removal of an
						incarcerated person from an institution under the jurisdiction of the State
						Department of Correctional Services for the purposes of attendance at a
						judicial hearing, its order shall recite that the hearing therein provided must
						be held within 30 days of the arrival of the incarcerated person at the
						temporary place of detention.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 16 - Court Appearances By Former Appellate Court Judges And Justices › Section 16.1 - Appearances by former Appellate Court judges and justices before the courts in which they were members

Current through Register Vol. 46, No. 28, July
					 10, 2024
No former judge of the New York State Court
						of Appeals or former justice of the Appellate Divisions or Appellate Terms of
						the Supreme Court of the State of New York shall appear in person in the
						Appellate Court on which he or she served, or use or permit the use of his or
						her name on a brief filed in such court, within two years after having left
						such court. Nothing in this Part shall prohibit a law firm with which said
						judge is associated from appearing before a court and using the name of the
						firm on its papers consistent with that appearance.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 17 - Judicial Education And Training › Section 17.1 - Visitation of facilities and institutions for detention, treatment, examination and confinement; visitation of residential facilities for victims of dome

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) In order to ensure that every judge
					 or justice be familiar with those facilities where the judge or justice is
					 authorized to direct the detention, treatment, examination or confinement of
					 any person in connection with Criminal or Family Court proceedings, the
					 following steps shall be taken:
(1) each judge or justice designated in
					 subdivision (d) of this section, holding office before October 1, 1981, shall
					 visit a facility or institution of each type specified in subdivision (d) of
					 this section. To comply with this requirement, visits shall be completed no
					 later than October 1, 1982, or shall have been made no earlier than January 1,
					 1979;
(2) each judge
					 or justice designated in subdivision (d) of this section, who shall assume
					 office on or after October 1, 1981, shall visit a facility or institution of
					 each type specified in subdivision (d) of this section. To comply with this
					 requirement, visits shall be completed no later than one year after the
					 assumption of office, or shall have been made no earlier than three years
					 before the assumption of office;
(3) each judge or justice whose term of
					 office is four years or longer or who is appointed to or elected to consecutive
					 terms of office that, in the aggregate, equal four years or more and who
					 regularly sits in a criminal term or in a term with criminal as well as civil
					 jurisdiction, each judge of the New York City Criminal Court, and each judge of
					 the Family Court, having complied with the provisions of paragraph (1) or (2)
					 of this subdivision, shall, within every four years thereafter during the term
					 or terms of office of said judge or justice, visit at least one facility or
					 institution of each type specified in subdivision (d) of this
					 section;
(4) a judge
					 or justice, for the purposes of this Part, shall be deemed to regularly sit in
					 a criminal term, or in a term with criminal as well as civil jurisdiction, if
					 such judge or justice sits in a part of court exercising criminal jurisdiction
					 for at least one trial term in a year.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 17 - Judicial Education And Training › Section 17.2 - Training and Education of Town and Village Justices and Court Clerks

Current through Register Vol. 46, No. 28, July
					 10, 2024
Training programs, under the auspices of the Chief
						Administrator of the Courts, shall be conducted for town and village justices
						at least three times per year at various locations in the State, in the
						following manner:
(a) The training
					 programs shall consist of a basic and an advanced course which shall include
					 anti-bias training. All newly selected justices, who are not members of the Bar
					 of this State, shall attend the first available basic course, including one
					 hour of anti-bias training, after their selection. Upon successful completion
					 of such basic course, certification shall be issued which shall be valid until
					 the next available advanced course. The aforesaid justices shall then be
					 required to successfully complete such advanced course, including one hour of
					 anti-bias training, and thereupon shall receive a certificate of
					 completion.
(b) Every incumbent
					 nonlawyer justice heretofore certified or certified pursuant to this section,
					 shall be required to successfully complete an advanced course of training,
					 including one hour of anti-bias training, once in each calendar year thereafter
					 while holding office in order to maintain certification.
(c) Successful completion of a training
					 program, as herein provided, shall mean attendance at no less than 80 percent
					 of the sessions thereof including one hour of anti-bias training and a passing
					 grade on a written examination in such course as established by the Chief
					 Administrator.
(d) The Chief
					 Administrator may issue temporary certificates to nonlawyer justices which
					 shall be valid until the time of the next available course.
(e) Each newly elected or appointed justice
					 who is a member of the Bar of this State shall attend the first available
					 advanced course of training after his or her election or appointment. Each such
					 justice shall attend an advanced course of training, including one hour of
					 anti-bias training, each calendar year thereafter while holding office.
					 Attendance at an advanced course shall mean attendance at no less than 80
					 percent of the sessions thereof, including one hour of anti-bias training. The
					 Chief Administrator shall issue appropriate certificates of
					 attendance.
(f) Each court clerk in
					 a town or village court shall annually complete a training or continuing
					 education program, which includes one hour of anti-bias training, approved by
					 the Chief Administrator of the Courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 17 - Judicial Education And Training › Section 17.3 - Training and education of judges and justices other than town and village justices

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The
					 Unified Court System shall provide training and education for its judges and
					 justices, other than town and village justices, which shall include annual
					 seminars, special seminars for new judges, antibias training and such other
					 courses, classes and presentations as the Chief Administrator of the Courts
					 deems appropriate in consultation and agreement with the Administrative Board
					 of the Courts .Judges and justices shall attend at least 24 hours of such
					 training and education courses, classes and presentations, including two hours
					 of antibias training, every two calendar years, which may include, with the
					 approval of the Chief Administrator, courses, classes and presentations
					 provided outside of the Unified Court System.
(b) In addition to the training and education
					 requirement they must meet pursuant to subdivision (a) of this section, all
					 judges and justices subject to such subdivision shall attend any further
					 courses, classes, seminars, trainings, or other form of continuing education as
					 shall be required by the Chief Administrator when the Chief Administrator
					 determines in consultation and agreement with the Administrative Board of the
					 Courts such attendance is necessary to promote the fair and efficient
					 administration of justice.
(c) The
					 Chief Administrator also may grant credit in complying with the requirements of
					 this rule for the teaching of courses and classes, the making of presentations,
					 and the writing of publications, directed to the training and education of
					 judges or to the presentation of a judicial perspective.
(d) In providing training and education for
					 judges and justices pursuant to this section, the Chief Administrator shall
					 ensure in consultation and agreement with the Administrative Board of the
					 Courts that all courses, classes, and presentations include instructions as to
					 recent statutory and regulatory changes, if any, pertinent to the subject
					 matter thereof. In addition, the Chief Administrator shall throughout the year
					 notify each judge or justice of any statutory change affecting the jurisdiction
					 or procedures of the court to which such judge or justice is assigned as soon
					 as practicable after such change becomes a law. Where appropriate and not
					 inconsistent with the responsibilities of his or her office, the Chief
					 Administrator may also supplement any such notification with the provision of
					 explanatory analyses or other related materials.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 17 - Judicial Education And Training › Section 17.4 - Domestic violence program

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Each judge or justice in a court
					 that exercises criminal jurisdiction, including town and village justices, each
					 judge of the Family Court, and each justice of the Supreme Court who regularly
					 handles matrimonial matters shall attend, every two years, a program approved
					 by the Chief Administrator of the Courts addressing issues relating to domestic
					 violence.
(b)
					 Attendance at such program shall be counted toward fulfillment of the training
					 and education requirements for justices and judges subject to section
					 17.3 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 19 - Judicial Annual Leave - Trial Courts › Section 19.1 - Annual leave for judges and justices

Current through Register Vol. 46,
					 No. 28, July 10, 2024
A full-time judge or justice of a trial
						court of the Unified Court System shall be entitled to four weeks (20 days) of
						annual leave each year, except that a full-time judge or justice of a trial
						court who has served full-time as a judge or justice for more than five years
						shall be entitled to five weeks (25 days) of annual leave each
						year.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 20 - Nonpublic Facilities › Section 20.1 - Transaction of official business in nonpublic facilities

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) The transaction of official
					 business by judges, justices and nonjudicial personnel of the Unified Court
					 System, when permitted to be held in a nonpublic facility, shall not knowingly
					 be conducted in a facility which by practice, by law or other regulation
					 restricts membership or admission thereto on the basis of sex, race, color,
					 ethnic origin, religion, creed or or sexual orientation. Reimbursement from
					 State funds shall be denied for knowing violation of this
					 subdivision.
(b) The
					 term transaction of official business, for purposes of this section only, shall
					 mean and apply to sessions, conferences and seminars conducted by or under the
					 auspices of the Unified Court System.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 23 - Grievance Procedure › Section 23.1 - Application and definitions

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Application of grievance. The
					 provisions of this Part shall apply to all nonjudicial employees of the
					 State-paid courts and court-related agencies of the Unified Court System who
					 are not represented for purposes of collective negotiations pursuant to article
					 14 of the Civil Service Law. A nonjudicial employee to whom the provisions of
					 this Part applies shall have the right to present his or her grievance in
					 accordance with this Part, free from interference, coercion, restraint,
					 discrimination or reprisal.
(b) Definitions. When used in this Part,
					 the term administrative authority means:
(1) the clerk of the Court of Appeals
					 with respect to nonjudicial employees of the Court of Appeals;
(2) the presiding justice of
					 each appellate division with respect to nonjudicial employees of the appellate
					 divisions and the courts and agencies which they supervise;
(3) the presiding judge of the
					 Court of Claims with respect to nonjudicial employees of the Court of
					 Claims;
(4) the
					 deputy chief administrator for management support with respect to nonjudicial
					 employees of the Office of Court Administration; or
(5) the deputy chief
					 administrative judge having administrative jurisdiction over the court or
					 agency in which the employee is employed, with respect to all other nonjudicial
					 employees in the Unified Court System.