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 208.4a - Electronic Filing in New York City Civil Court

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) Application. On consent, documents may be
				  filed and served by electronic means in the New York City Civil Court ("Civil
				  Court") in such actions and in such counties as shall be authorized by order of
				  the Chief Administrator of the Courts and only to the extent and in the manner
				  provided in this section ; except that in an action brought by a provider of
				  health services specified in section
				  5102
				  (a)(l) of the Insurance Law against an
				  insurer for failure to comply with rules and regulations promulgated by the
				  Superintendent of Insurance pursuant to section 5108(b) of such law, the Chief
				  Administrator of the Courts may eliminate the requirement of consent pursuant
				  to section 2111 (b)(2)(C) of the CPLR.
(b) Electronic filing in actions in the Civil
				  Court.
(1) Except as otherwise provided in
				  this section, 22 NYCRR section
				  202.5 -b, and section
				  202.5 -bb where applicable, shall
				  apply to all actions in which electronic filing is authorized in the Civil
				  Court. References in sections
				  202.5 -b and 202.5-bb to the Chief
				  Clerk of the Supreme Court, or the clerk of a court shall be deemed to mean,
				  where relevant, the Chief Clerk of the Civil Court and references in such
				  section to the CPLR shall be deemed to include, where relevant, the New York
				  City Civil Court Act and Real Property Actions and Proceedings Law.
(2) Commencing an action by electronic means.
(i) Except as otherwise provided in
				  subdivision (a) of this section, a party may commence any action in the Civil
				  Court in any county (provided that e-filing has been authorized in that county
				  and in the class of actions to which that action belongs pursuant to
				  subdivision (a) of this section) by electronically filing the initiating
				  documents with the clerk of the court through the NYSCEF site.
(ii) Documents that are electronically filed
				  to commence an action in compliance with this section shall be deemed filed
				  with the Clerk of the Civil Court in the county in which the action is brought
				  for purposes of section
				  400 of the New York City Civil Court Act
				  upon the date of receipt of those documents by the NYSCEF site, together with
				  the payment of any required fee.
(iii) No later than the close of business on
				  the business day following the date on which the initiating documents are
				  electronically filed to commence an action pursuant to subparagraph (ii) of
				  this paragraph, a confirmation notice shall be transmitted electronically by
				  the NYSCEF site to the person filing such documents. The notice shall contain a
				  link to a copy of the initiating documents to which shall be affixed an index
				  number for the matter and a filing stamp showing the date of filing of the
				  documents and to which there may also be affixed, as the court may require, an
				  image of the signature of the Chief Clerk. This notice will satisfy the
				  requirement in section
				  400
				  (1) of the New York City Civil Court Act that
				  the clerk return a copy of the filing to the party.
(iv) Where a summary proceeding under Article
				  7 of the Real Property Actions and Proceedings Law involving residential
				  property is commenced electronically, NYSCEF shall provide the petitioner with
				  the option, in lieu of submitting a stamped postcard containing the written
				  notice required by section
				  208.42(i) of
				  these rules, of having the clerk of the court mail such notice to the
				  respondent or, if there be more than one respondent, to all of them. If the
				  petitioner selects this option, the clerk shall charge the petitioner the cost
				  of postage and a processing fee.
(3) E-filing in an action after commencement.
				  Except as otherwise provided in subdivision (a) of the section, after
				  commencement of an action wherein e-filing is authorized, documents may be
				  electronically filed by, and electronically served by and upon, parties who
				  have consented thereto. Consent shall be obtained, and such e-filing shall be
				  conducted as provided in 22 NYCRR section
				  202.5
				  -b(b)(2).