reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.13 - Filing of documents that are not the Official Surrogate's Court Forms

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						Any document submitted for filing in this court that is not an Official
						Surrogate's Court Form, for which the Chief Administrative Judge has prescribed
						a form, shall be on standard eight and one-half inch by eleven inch paper, the
						text must be legible and, other than instructions, it must be a standard
						typeline of 10- to 12-point characters, the margins shall be no less than one-
						half inch, and the form shall have attached thereto the following certification
						from either the attorney or the party who prepared the said document:
"The undersigned hereby certifies that
						  the attached document submitted for filing is the same as the prescribed form
						  and that the substantive text has not been altered."
(b) The instructional portion
						of the Official Surrogate's Court Form that is being copied need not appear on
						the document submitted for filing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.1 - Retainer agreements

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Whenever an attorney isretained by
						a client to render services in connection with any action, claimor proceeding
						in the Surrogate's Court, the attorney shall be requiredto enter into a written
						retainer with the client stating, inter alia, theservices to be performed, the
						compensation to be paid for such services andthe mode of payment therefor.
						Attorneys shall include a copy of a retaineragreement with the initial filing
						of any court papers.
(b) Failure to enter into andfile such
						retainer agreement will be considered by the court on any applicationfor legal
						fees and may constitute a ground for disallowance of fees.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.2 - Appearances

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						All attorneys, other thanthose whose representation has been noted by a
						pleading, must file a noticeof appearance and authorization to
						appear.
(b)
						Substitutions of attorney. No subsequent attorney representing a party will be
						permittedto appear unless there is filed with the clerk a consent to the change
						signedby the retiring attorney and signed and acknowledged by the
						party.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.3 - Pleadings and papersfiled with court

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) The court will not
						acceptsubmissions via facsimile transmission.
(b) Any pleading or paper
						supplementalthereto, e.g., waiver and consent, renunciation, affidavit etc.,
						thatis dated more than six months prior to the date of filing, is considered
						staleand shall not be accepted for filing by the court.
(c) No party in interest ina
						proceeding may act as notary for any papers filed in the proceeding.
(d) Any document submitted
						forfiling in this court that is not an official Surrogate's Court form,but for
						which the chief administrative judge has prescribed a form, shallbe on standard
						81/2" by 11" paper, the text must belegible, the standard typeline shall be of
						10- to 12-point characters (otherthan instructions), the margins shall be no
						less than one-half inch, and theform shall have attached thereto the following
						certification from either theattorney or the party who prepared the document:
"The undersigned hereby certifiesthat
						  the attached document submitted for filing is the same as the prescribedform,
						  and the substantive text of that prescribed form has not been
						  altered."
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.4 - Motions

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						All return dates for motionswill be fixed by the clerk. Any motion submitted to
						the court with a returndate not selected by the clerk shall be
						rejected.
(b)
						Appearance is required bycounsel for all parties on the return date of the
						motion and all motions areto be orally argued, unless the written consent of
						all counsel to have themotion submitted on the papers without their appearance
						is received by thecourt not later than the close of business on the Friday
						immediately precedingthe return date.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.5 - Calendar

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						The calendar will be calledpromptly at 9:30 a.m. All attorneys must appear in
						person.
(b) No
						adjournment shall begranted without prior approval of the court. Prior approval
						of the court mustbe sought, in writing, no later than two full business days
						prior to the scheduledcourt date. A request for an adjournment must be made
						directly to the LawDepartment and not the clerk's office. A party seeking an
						adjournmentmust attempt to obtain the consent of all parties prior to seeking
						approvalof the court, and must indicate to the court at the time approval is
						soughtwhether consent has or has not been obtained.
(c) At every pre-trial
						conference,all parties must appear.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.6 - Pre-trial discovery

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Upon completion of the SCPA1404
						examination of attesting witnesses, counsel shall notify the Law
						Departmentbefore leaving the court, and counsel will be advised by what date
						objectionsmust be filed. If no objections are filed and properly served by the
						closeof business on that date, the proponent shall so notify the court, in
						writing,and the proceeding will then be referred to the clerk's office as an
						uncontestedprobate.
(b) Upon the filing of objectionsthe
						proponent shall submit to the clerk's office for issuance a citation pursuantto
						SCPA 1411 for service upon all those persons entitled thereto. Should acitation
						not be required, the proponent shall submit to the court an affirmationso
						indicating, and request that the matter be restored to the calendar forfurther
						disposition.
(c) At
						the next appearance,a detailed schedule for an exchange of bills of particulars
						and for all pretrialdiscovery shall be set forth in a pre-trial stipulation to
						be executed bythe attorneys in attendance and "so ordered" by the court.
						Immediatelyupon completion of discovery, a note of issue with a certificate of
						readinessand an affidavit of service shall be filed with the court by any
						party. Thereafter,the court will schedule a pre-trial conference that counsel
						and all partiesshall attend unless otherwise directed.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.7 - Preliminary/temporaryletters

Current through Register Vol. 46, No. 28, July 10,
						2024
Any order granting preliminaryor
						  temporary letters will provide that such letters will expire six monthsafter
						  the date of issuance. The order will further provide for the petitionerto post
						  a bond for the full amount of the estate assets alleged in the
						  petition.Preliminary or temporary letters may be of limited authority as
						  determinedby the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.8 - Accounting rules

Current through Register Vol. 46, No. 28, July
						10, 2024
(a) A copy of the account ofproceedings
						must be served with each citation, and the affidavit of serviceof citation must
						recite that a copy of the account of proceedings was alsoserved.
(b) A copy of the account
						ofproceedings must be served on each party signing a waiver and consent andthe
						waiver and consent must acknowledge the receipt of the account.
(c) If attorney's
						fees,commissions, disallowances of claims or like matters must be approved,
						theseitems with the monetary values thereof must specifically be set forth on
						allpetitions, citations and waivers and consents.
(d) If any attorney other
						thanthe accounting party's attorney appears, or if a guardian ad litem
						isappointed, all accounting decrees must contain a notice of settlement
						unlessthe decree is approved by said persons as to form and content.
(e) In order for an
						accountingto be accepted for filing by the court, the petition must state
						whether ornot an inventory of assets pursuant to Uniform Rule of the
						Surrogate'sCourt 207.20 has been filed with the court.
(f) In all accounting
						proceedings,the petitioner may either cite the State Tax Commission as a party
						in interest,or submit proof of fixation and payment of tax or a no-tax letter,
						prior tothe entry of a final decree.
(g) In all judicial
						accountingproceedings, an affidavit of legal services pursuant to Uniform Rule
						of theSurrogate's Court 207.45 must be filed with the account of
						proceeding.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.9 - Distribution of estates

Current through Register Vol. 46, No. 28, July
						10, 2024
(a) In all estates, proof offull
						distribution in the form of receipts and releases must be filed withthe
						court.
(b) Whenever
						the estate of adecedent has not been fully distributed within two years from
						the date whenthe first permanent letters of administration or letters
						testamentary wereissued, where the gross taxable estate of such decedent does
						not require thefiling of a Federal estate tax return, and within three years if
						a Federalestate tax return is required, the executor or administrator shall,
						file withthe clerk of the court a statement substantially in the form
						prescribed insection
						207.42 of the Uniform Rules for
						Surrogate's Court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.10 - Safe depositbox openings

Current through Register Vol. 46,
						No. 28, July 10, 2024
A representative of the Surrogate'sCourt
						  shall be present at all safe deposit box openings held in Richmond Countythat
						  are ordered pursuant to SCPA 2003(1).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.11 - Guardianshiprules

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						In addition to the requirementscontained in the maintenance petition, any
						application from a parent requestingwithdrawal from a guardianship account must
						include a copy of the Federaland State income tax returns of the applicant for
						the last three years.
(b) In order to ensure the
						properopening of all initial guardianship accounts, where the court directs
						thatthe deposit be made jointly with the clerk of the Surrogate's Court, a
						representativeof the Surrogate's Court shall be present at the bank when the
						account isopened.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.12 - Bonds

Current through Register Vol. 46, No. 28, July 10,
						2024
All bonds filed with the courtshall be
						  accompanied by the surety's certificate of solvency and proof thatthe bonding
						  company is licensed to do business within the State of New
						  York.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.13 - Subpoenas

Current through Register Vol. 46, No. 28, July 10,
						2024
Subpoenas presented to the clerk'soffice
						  to be "so ordered" by the Surrogate must be accompaniedby a written statement
						  of the attorney indicating the reasons why he or sherequires it to be "so
						  ordered," except for subpoenasdirected to a hospital, a library, a municipal
						  corporation or any of it departmentsor agencies, or the State. If the subpoena
						  is presented by a party or personnot represented by an attorney, the written
						  statement shall be made by suchparty or person.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.14 - Temporary restrainingorders

Current through Register Vol. 46,
						No. 28, July 10, 2024
Any application for temporaryinjunctive
						  relief, including but not limited to a motion for a stay or a
						  temporaryrestraining order, shall contain, in addition to any other information
						  requiredby law, an affirmation demonstrating that there will be significant
						  prejudiceto the party seeking the restraining order by the giving of notice. In
						  theabsence of a showing of significant prejudice, the affirmation must
						  demonstratethat a good faith effort has been made to notify the party against
						  whom thetemporary restraining order is sought of the time, date and place that
						  theapplication will be made in a manner sufficient to permit the party an
						  opportunityto appear in response to the application.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1851 - Richmond County › Section 1851.15 - Variance

Current through Register Vol. 46, No. 28, July 10,
						2024
Any of the rules set forth hereinmay be
						  varied in the discretion of the court for good cause shown.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter C - Third Judicial Department › Article 1 - Local Rules › Part 1900 - Saratoga County › Section 1900.1 - Fingerprinting

Current through Register Vol. 46, No. 28, July 10,
						2024
Commencing on January 1, 1990,
						  applications in adoption proceedings in this Court shall be accompanied by the
						  fingerprints of the adoptive parent or parents. The cost of said fingerprinting
						  and processing shall be borne by the adoptive parent or parents. The Court will
						  furnish the necessary cards for such fingerprinting.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter C - Third Judicial Department › Article 1 - Local Rules › Part 1901 - Ulster County › Section 1901.1 - Requirements for submission of orders

Current through Register Vol.
						46, No. 28, July 10, 2024
In cases where the Court has required
						  that counsel submit and order in conformance with a decision of the Court
						  and/or a stipulation entered into by and between the parties, the following
						  rules will apply in connection with submission of such orders in the Ulster
						  County Family Court:
(a) Proposed orders, with proof of
						service on all parties, must be submitted for signature unless otherwise
						directed by the Court within 30 days after the signing and filing of the
						decision directing that the order be settled or submitted, or within 30 days of
						receiving this notice, whichever comes first.
(b) The proposed order should be
						noticed for settlement at 8:30 a.m. 15 days after the date it is mailed to the
						Court, all counsel and/or pro se litigants.
(c) Proposed counter-orders shall be
						made returnable on the same date and at the same place, and shall be served on
						all parties by personal service, not less than two days or by mail, not less
						than seven days before the date of settlement.
(d) When submitting proposed
						orders or counter-orders, in addition to submitting the original proposed order
						or counter-order, counsel must submit sufficient copies of same for mailing to
						all counsel involved in the proceeding as well as litigants if they appear pro
						se. Furthermore, counsel must also submit an addressed stamped envelope
						containing sufficient postage to mail the final order to each and every
						individual who should receive a copy of same.
(e) If proposed orders are not
						submitted in a timely manner, the Court will dismiss the action on its own
						motion. If counsel are unable to comply with any of the requirements herein,
						counsel must advise the Court in writing before the expiration of such time
						period as to any reasons for such inability and provide an explanation
						justifying the request for a new date at which time the proposed order or
						counter-order will be submitted. Copies of such letter must be sent to all
						parties involved in the proceedings.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter C - Third Judicial Department › Article 1 - Local Rules › Part 1913 - Schenectady County › Section 1913.1 - Filing of estate tax returns

Current through Register Vol. 46,
						No. 28, July 10, 2024
Pursuant to section
						  972 (c) of the Tax Law of
						  the State of New York, the Schenectady County Surrogate's Court hereby adopts,
						  effective immediately, a local rule requiring the filing of a duplicate copy of
						  estate tax returns, statements or other documents, or copies thereof, with the
						  Schenectady County Surrogate's Court, when such documents are required to be
						  filed pursuant to section
						  971 of the Tax Law.
This local rule shall apply to all cases
						  in which a petition for probate or administration is filed with the Schenectady
						  County Surrogate's Court. In implementing this local rule, the Schenectady
						  County Surrogate's Court shall apply the provisions of section
						  207.43 of the Uniform Rules of the
						  Surrogate's Court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter C - Third Judicial Department › Article 1 - Local Rules › Part 1921 - Chenango County › Section 1921.1 - Estate tax return

Current through Register Vol. 46, No. 28, July
						10, 2024
WHEREAS, chapter 389 of the Laws of 1997
						  permits individual Surrogate's Courts, at their discretion and by local rule,
						  to require the filing of an estate tax return with the Surrogate's Court;
						  and
WHEREAS, the filing requirements of
						  section 9.1 of the Rules of the Chief
						  Judge require the filing of a local rule with the Chief Administrator of the
						  Courts.
Effective immediately, and applicable to
						  the estates of persons dying on or after February 1, 2000, it is the rule of
						  the Surrogate's Court of Chenango County that a person filing a petition for
						  probate or administration in the Surrogate's Court of Chenango County and
						  obligated to file an estate tax return with the Commissioner of Taxation and
						  Finance, also file a copy of the estate tax return, without fee, with the
						  Surrogate's Court of Chenango County.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter D - Fourth Judicial Department › Article 1 - Local Rules › Part 1950 - Oswego County › Section 1950.1 - Retainer statements

Current through Register Vol. 46, No. 28,
						July 10, 2024
Attorneys shall include a copy of a
						  retainer agreement with the initial filing of any court papers. Said agreement
						  should state, inter alia, when and by whom the attorney was retained, the terms
						  of the retainer and a brief statement as to the services to be
						  performed.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter D - Fourth Judicial Department › Article 1 - Local Rules › Part 1950 - Oswego County › Section 1950.2 - Filing of an affidavit regarding wills and/or codicils

Current
						through Register Vol. 46, No. 28, July 10, 2024
In all probate proceedings where the purported will
						  and/or codicil of the deceased nominates an attorney as a fiduciary or
						  co-fiduciary, there shall be annexed to the probate petition an affidavit of
						  the testator setting forth the following:
(1) that the testator was advised that the
						nominated attorney may be entitled to a legal fee as well as to the commissions
						authorized by statute for the fiduciary;
(2) that where an attorney is nominated to
						serve as co-fiduciary, that the testator was told of the fact that multiple
						commissions may be due and payable out of estate funds; and
(3) what the testator's reasons for
						nominating an attorney to serve as fiduciary or co-fiduciary were.
Failure to submit an affidavit of this nature may
						  result in the denial of letters to an attorney. This rule shall be effective
						  for all wills and codicils executed on or after June 1, 1990.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter D - Fourth Judicial Department › Article 1 - Local Rules › Part 1950 - Oswego County › Section 1950.3 - Filing of an affadavit of assets with the petition for probate or administration

Current through Register Vol. 46, No.
						28, July 10, 2024
Pursuant to the provisions of Part 207
						  or the Uniform Rules for the Surrogate's Court, §
												207.1(c), and
						  Part 9 of the Rules of the Chief Judge (22 NYCRR Part), it is hereby
ORDERED, that the following shall
						  constitute a local rule of the Surrogate's Court of Oswego County:
"Attorneys shall file an affidavit of
						  property with the initial filing of a petition for probate or a petition for
						  administration. Said affidavit should state the personal, real and jointly
						  owned property of the decedent insofar as the attorney and/or the proposed
						  fiduciary may be able to provide. Thereafter, a full disclosure of assets shall
						  be furnished in accordance with the provisions of section
						  207.20 of the Uniform Rules for
						  Surrogate's Court."
and it is further
ORDERED, that this rule shall be
						  effective April 1 1995.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter D - Fourth Judicial Department › Article 1 - Local Rules › Part 1963 - Wayne County › Section 1963.1 - General

Current through Register Vol. 46, No. 28, July 10,
						2024
Service of Process and Proof of
						  Service
1. Pursuant to
						Rule 207.7(c) all proofs of service of process, notices of motion, and orders
						to show cause, must be filed two days prior to the return date.
2. Counsel shall check with
						the clerk of the court as to the appropriate date to be entered for return of
						notice of motion prior to serving and filing.
3. Where, by court order, service of
						process is permitted by certified or registered mail it is not necessary to
						file a signed return receipt unless directed by the court. The affidavit of
						service, however, must include a statement that the mailing was not returned to
						the sender as undeliverable.
Pleadings and Papers Filed With
						  Court
4. Any
						pleading or paper supplemental thereto (waiver and consent, renunciation,
						affidavit, etc.) which is dated more than six months prior to date of filing is
						considered stale and not accepted for filing by the court.
5. Where it appears that a
						pleading must be amended, amendment may be accomplished by the affidavit of the
						petitioner or petitioner's attorney unless directed otherwise by the clerk of
						the court.
6. No
						party in interest in a proceeding can act as a notary public for any papers
						filed in the proceeding.
Status of the Parties; Proof of
						  Kinship
7.
						Pursuant to Rule 207.17(d) the court will not accept an affidavit of kinship
						signed by the spouse or issue of a petitioner claiming to be the sole statutory
						distributee.
8.
						Pursuant to Rule 207.50 the court will require service of process on an alleged
						divorced spouse unless either a certified copy of the divorce decree or other
						acceptable proof of divorce is filed with the petition.
9. The court may also require
						that where the sole statutory distributee is an alleged surviving spouse, a
						copy of the marriage certificate be filed with the petition.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter D - Fourth Judicial Department › Article 1 - Local Rules › Part 1963 - Wayne County › Section 1963.2 - Probate

Current through Register Vol. 46, No. 28, July 10,
						2024
Witnesses
1. The court requires the personal
						appearance and examination under oath by the clerk of any witness to a will
						offered for probate which was executed within 90 days of the date of the
						decedent's death. Where all the parties in interest in the proceeding are adult
						and competent and sign an acknowledged waiver, the court will dispense with
						this requirement.
Objections to Probate
2. The time for filing
						objections after completion of the examination of subscribing witnesses, if
						requested pursuant to SCPA section 1404, shall be filed within 30 days, which
						may be extended by stipulation of counsel.
Attorney-Fiduciary
3.
(a) Where the petition for probate
						requests that letters testamentary issue to a person who is also an attorney,
						not related by blood or affinity with the decedent, the court requires that the
						attorney-fiduciary submit an affidavit explaining his relationship with the
						decedent and the circumstances surrounding his nomination as executor. After
						the required affidavit is filed, the court shall determine whether a hearing is
						necessary on the issue of the attorney-fiduciary's qualifications and the facts
						surrounding his or her appointment.
(b) If the attorney-fiduciary is found
						to be qualified to act as executor, he or she must comply with Rule 207.60.
Preliminary Letters
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter D - Fourth Judicial Department › Article 1 - Local Rules › Part 1963 - Wayne County › Section 1963.3 - Administration

Current through Register Vol. 46, No. 28, July 10,
						2024
1.
						If the petition for letters of administration sets forth a cause of action for
						personal injury or wrongful death as an asset of the estate, the court follows
						the common practice of restricting letters to provide that the administrator be
						prohibited from compromising or collecting the proceeds from such cause of
						action without further order of the court. In addition, the court requires that
						the petitioner and the petitioner's attorney both file separate affidavits
						stating that they will not compromise, or collect proceeds of the cause of
						action without further order of the court.
2. In order to dispense with the
						necessity of a bond pursuant to SCPA section 805, the petitioner for letters of
						administration must not only submit the unanimous acknowledged consent of all
						distributees but also a copy of a paid funeral bill.
3. Absent a showing of special
						circumstances, the court will not entertain a petition for letters of
						administration where the sole asset of the estate is title to real property
						which in theory passes by operation of law without the necessity of letters of
						administration.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter D - Fourth Judicial Department › Article 1 - Local Rules › Part 1963 - Wayne County › Section 1963.4 - Small estate administration

Current through Register Vol. 46, No.
						28, July 10, 2024
1. In a proceeding under article 13 of
						the SCPA, the court may require submission of a third party affidavit of
						kinship if it is alleged that the petitioner is the sole distributee of the
						decedent.
2. The
						certificate of letters of voluntary administrator, issued pursuant to article
						13 of the SCPA, will specifically identify the alleged assets of an estate on
						its face (bank name, account number, etc.) and limit the right of the voluntary
						administrator to marshall only such identified assets.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter D - Fourth Judicial Department › Article 1 - Local Rules › Part 1963 - Wayne County › Section 1963.5 - Accounting

Current through Register Vol. 46, No. 28, July 10,
						2024
1.
						The court requires that a copy of the account be served with the citation on
						all parties in interest in the account. Proof of service must reflect such
						receipt, as must any waiver and consent signed by a party in interest. Expenses
						for photocopies and mailings of the account and citation shall be allowed as a
						legal disbursement.
2. In order for an accounting to be
						accepted for filing by the court, the petition must state whether or not an
						inventory of assets pursuant to Rule 207.20 has been filed with the
						court.
3. In any
						estate with gross taxable assets in excess of $108,000, the petitioner may
						either cite the State Tax Commission as a party in interest or submit proof of
						fixation and payment of tax prior to the entry of a final decree.
4. Where it appears from the
						papers on file that either attorney fees or fiduciary commissions have been
						improperly taken in advance of an accounting (restricted or limited letters),
						the petition must request that such advance payment be approved by the court
						nunc pro tunc.
5.
						The court will not permit general language approving the account in a waiver
						and consent signed by a party in interest. A waiver and consent by a residuary
						legatee or distributee is not acceptable unless it specifically consents to
						every prayer for relief set forth in the petition and citation. All other
						interested parties need only specifically consent to relief which affects their
						interest.
6. Where
						real property is sold by a fiduciary, only the sum equal to the net proceeds of
						sale is to be included in Schedule A of the account and a copy of the closing
						statement is to be submitted with the account. All expenses incurred in
						connection with the sale and the satisfaction of outstanding liens must be
						deducted from gross sale price prior to entry in Schedule A.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter D - Fourth Judicial Department › Article 1 - Local Rules › Part 1963 - Wayne County › Section 1963.6 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10,
						2024
Sale of Real Property
1. A petition for permission
						to sell real property pursuant to article 19 of SCPA must be accompanied by a
						copy of the contract of sale and a current appraisal of the subject property.
Inventory of Assets
2.
(a) A notice of the requirements of
						Rule 207.20 shall be sent by the clerk with original certificates of letters
						testamentary or administration. In general this rule requires the filing of an
						inventory of the assets which constitute the gross taxable estate within six
						months after the issuance of letters.
(b) If the required inventory is not
						filed 90 days after the date due, letters may be suspended and will not be
						reinstated until the requirements of Rule 207.20 are complied with.
Attorney Fees
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter D - Fourth Judicial Department › Article 1 - Local Rules › Part 1963 - Wayne County › Section 1963.7 - Variance

Current through Register Vol. 46, No. 28, July 10,
						2024
Any of the rules set forth herein may be
						  varied in the discretion of the court for good cause shown.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.1 - Board office

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Correspondence address. All
				  correspondence or other written communications to the board or the
				  administrative officers of the board shall be addressed to the board's office
				  at New York State Board of Law Examiners, Building 3, Corporate Plaza, 254
				  Washington Avenue Extension, Albany, NY 12203-5195.
(b) Website. The board
				  maintains a website at (www.nybarexam.org).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.2 - Admission upon examination

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) The
				  New York State Bar Examination consists of the Uniform Bar Examination,
				  developed by the National Conference of Bar Examiners.
(b) As used in this Part, UBE refers to the
				  Uniform Bar Examination, as described in section
				  6000.3(a) of this
				  Part; NYLC refers to the New York Law Course, as described in section
				  6000.3(b) of this
				  Part; NYLE refers to the New York Law Examination, as described in section
				  6000.3(c) of this
				  Part; and MPRE refers to the Multistate Professional Responsibility
				  Examination, as described in section
				  6000.3(d) of this
				  Part.
(c) Applicants for admission
				  upon examination may take the UBE in New York in accordance with section
				  6000.4 of this Part or, effective
				  October 1, 2016, may transfer a score achieved on the UBE taken in another
				  jurisdiction to New York, in accordance with section
				  6000.5 of this Part.
(d) Except as provided in subdivision (e) of
				  this section, applicants seeking admission upon examination are required to
				  successfully complete the NYLC and achieve passing scores on the UBE, NYLE and
				  MPRE prior to being certified to the Appellate Division for
				  admission.
(e) Applicants who seek
				  admission upon examination based on passage of the New York State Bar
				  Examination administered prior to July 2016 are not required to complete the
				  NYLC or pass the NYLE.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.3 - Examinations and other requirements

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a)
The Uniform Bar Examination
				  (UBE).
(1) Content. The UBE consists of
				  two Multistate Performance Tests (MPT), the Multistate Essay Examination (MEE),
				  and the Multistate Bar Examination (MBE). Information regarding the UBE is
				  available on the website of the National Conference of Bar Examiners at
				  www.ncbex.org.
(2) Passing score.
				  The score required to pass the UBE in New York is 266.
(3) Examination dates. The UBE shall be
				  administered twice each year, on the last Tuesday and Wednesday of February and
				  July.
(4) Earning a UBE score.
				  Applicants must take all parts of the UBE concurrently in the same
				  jurisdiction, either in New York or in another jurisdiction, in order to
				  receive a UBE score that can be transferred to another jurisdiction.
(5) Time to file application for admission.
				  Applicants for admission upon examination must file a complete application for
				  admission to practice with the Appellate Division by the deadline set forth in
				  Court of Appeals rule 520.12(d).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.4 - Application to sit for the New York State Bar Examination (UBE) and proof required of applicants

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a)
First-time application to sit for the New York State Bar
				  Examination.
Each applicant seeking to sit for the New York State Bar
					 Examination for the first time shall file an application on a form provided by
					 the board and shall pay the fee prescribed by section
					 465 of the
					 Judiciary Law during the application filing period. For purposes of this
					 section, an application is considered filed when it is filed electronically
					 on-line at the board's website or otherwise received in the board's office
					 together with the prescribed fee during the following application filing
					 period:
Examination
Earliest Filing Date
Filing deadline
February
November 1st
November 30th
July
April 1st
April 30th
(1) Proof of
				  eligibility. Each first-time applicant shall cause to be filed proof of
				  eligibility to sit for the New York State Bar Examination by demonstrating
				  compliance with the requirements of Court of Appeals rule 520.3, 520.4, 520.5
				  or 520.6 and, where applicable, Court of Appeals rule 520.17. Such proof shall
				  be in the form prescribed by the board. For purposes of this subdivision, proof
				  of eligibility is considered filed when it is received in the board's office by
				  the following deadline:
Examination
Deadline for proof of
								eligibility
February
February 1st
July
June 15th
(2)
				  Handwriting specimen. Each first-time applicant shall file or cause to be
				  filed, a handwriting specimen on a form provided by the board, in the usual
				  handwriting of the applicant and bearing the applicant's signature at the end
				  thereof, containing a certification by an authorized official of the law school
				  from which the applicant has or will be graduated, by an attorney with whom the
				  applicant has studied or by a notary public, depending upon whether the
				  applicant qualified to sit for the bar examination under Court of Appeals rule
				  520.3, 520.4, 520.5 or 520.6. For purposes of this subdivision, a handwriting
				  specimen is considered filed when it is received in the board's office by the
				  following deadline:
Examination
Deadline for handwriting
								specimen
February
February 1st
July
June 15th
(3)
				  Pro Bono Scholars Program. In addition to any other proofs required in these
				  rules, each applicant participating in the Pro Bono Scholars Program (PBSP), in
				  accordance with Court of Appeals rule 520.17, shall cause to be filed with the
				  board proof that the applicant has successfully completed the PBSP and been
				  awarded a first degree in law on a form provided by the board as soon as
				  practicable following completion of the program.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.5 - Assignment and certification of applicants

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) Each applicant admitted to the
				  examination shall be assigned to a test center in one of the four judicial
				  departments located in the State.
(b) Every applicant who, after
				  completing the examination, becomes a resident of the State or a full-time
				  employee therein or who changes the place of residence or full-time employment
				  in the State, shall file written notice with the board. The department of the
				  Appellate Division to which an applicant is certified in accordance with
				  subdivision (c) of this section shall be based on the most recent address at
				  the board's office as of May 1st following a February examination, or as of
				  November 1st following a July examination.
(c) Every applicant who passes the
				  examination will be certified to the Appellate Division of the department in
				  which, as shown by the papers filed by the applicant with the board, the
				  applicant resides, or, if not a resident of the State, the applicant is
				  employed full-time in the State. If such papers do not show that the applicant
				  resides or is employed full-time in the State, the applicant shall be certified
				  to the Appellate Division of the Third Department.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.6 - Registration for New York Law Course (NYLC) and New York Law Examination (NYLE)

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a)
NYLC.
An applicant seeking to take the NYLC must register
					 electronically online at the board's website.
(b)
NYLE.
An applicant must successfully complete all segments of the
					 NYLC before the applicant may register for the NYLE. An applicant seeking to
					 register for the NYLE must register electronically online at the board's
					 website at least 30 days prior to the administration of the NYLE. The applicant
					 must also register with and pay a registration fee to the vendor selected by
					 the board to administer the NYLE and timely comply with all filing requirements
					 and deadlines set by the vendor.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.7 - Automatic regrading of certain examination answers

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) The essay answers for each
				  applicant who receives a total weighted scale score of 655 to 664 following the
				  initial grading of his or her bar examination shall be regraded by graders
				  other than the initial graders. The applicant's scores shall then be recomputed
				  to arrive at a final total weighted scale score.
(b) Each applicant who has
				  received a final examination score below the required passing score may obtain
				  one set of copies of his or her own answers to the essay questions by written
				  request accompanied by payment as prescribed in section
				  6000.3(f) of this
				  Part. Such request shall be made no later than 30 days after the board's
				  failure notice to the applicant.
(c) Failed applicants may, in the same
				  written request for copies of their essay answers, also order copies of the
				  essay questions and the selected applicants' answers referred to in section
				  6000.8(b) of this
				  Part accompanied by payment as prescribed in section
				  6000.3(f) of this
				  Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.8 - Publication of essay questions and selected applicants' answers

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  No later than 60 days after the release of the results of each bar examination,
				  the board shall post on its website, copies of the essay questions that
				  appeared on such examination and copies of selected applicants' answers to
				  those essay questions. The answers shall be ones which received scores superior
				  to the average scale score awarded for the relevant essay. Such answers, which
				  shall be selected by the board, shall be released in a format designed to
				  protect the anonymity of the authors.
(b) Sets of the essay questions and
				  selected applicants' answers from the three most recent bar examinations shall
				  be available to be downloaded from the board's website free of charge, or upon
				  written request accompanied by payment as prescribed in section
				  6000.3(e) of this
				  Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.9 - Attendance and withdrawal

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a)
Attendance.
(1) Applicant must
				  attend all sessions of the examination to be graded. In order for the
				  examination to be graded, the applicant must attend both sessions of the first
				  day of the bar examination at the designated location in New York State and
				  both sessions of the MBE, either in New York State or concurrently in another
				  jurisdiction. Any applicant who does not attend all four sessions will be
				  deemed to have withdrawn from the examination and will not receive examination
				  results.
(2) Early departure.
				  Except in extraordinary circumstances, applicants must remain in the
				  examination room for the first 30 minutes of each session of the
				  examination.
(3) Tardiness. No
				  applicant will be admitted to the bar examination more than 30 minutes after
				  the examination session begins.
(4)
				  Absence. An applicant who fails to appear for one session of the examination
				  shall not be admitted to any later session. Any applicant who is not present
				  for both sessions of the first day of the examination will not be permitted to
				  take the MBE in New York on the following day.