reglab/statecodes huggingface dataset:
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 25 - Career Service › Section 25.28 - Resignations

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Resignation in writing. Except as otherwise provided in this section, every
					 resignation shall be in writing.
(b) Effective date. If no effective date
					 is specified in a resignation, it shall take effect upon delivery to or filing
					 in the office of the appointing authority. If an effective date is specified in
					 a resignation, it shall take effect on such specified date. However, if a
					 resignation is submitted while the employee is on leave of absence without pay,
					 such resignation, for the purpose of determining eligibility for reinstatement,
					 shall be deemed to be effective as of the date of the commencement of such
					 absence. Notwithstanding the provisions of this section, when charges of
					 incompetency or misconduct have been or are about to be filed against an
					 employee, the appointing authority may elect to disregard a resignation filed
					 by such employee and to prosecute such charges; and, in the event that such
					 employee is found guilty of such charges and dismissed from the service, his or
					 her termination shall be recorded as a dismissal rather than as a
					 resignation.
(c)
					 Withdrawal or amendment. A resignation may not be withdrawn, cancelled or
					 amended after it is delivered to the appointing authority, without the consent
					 of the appointing authority.
(d) Reinstatement following resignation.
(1) A permanent employee who
					 has resigned from his or her position may be reinstated, without examination,
					 within one year from the date of such resignation in the position from which he
					 or she resigned, if then vacant, or in any vacant position to which such
					 employee was eligible for transfer or reassignment. In computing the one-year
					 period within which a person may be reinstated after resignation, the day the
					 resignation takes effect, any time spent in active service in the military or
					 naval forces of the United States or of the State of New York, and any time
					 served in another position in the civil service of the same governmental
					 jurisdiction shall not be counted.
(2) In an exceptional case, the
					 appointing authority may, for good cause shown and where the interests of the
					 government would be served, waive the provisions of this subdivision to permit
					 the reinstatement of a person more than one year after resignation. For the
					 purpose of this subdivision, where an employee on leave of absence resigns,
					 such resignation shall be deemed effective as of the date of the commencement
					 of such leave.
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 25 - Career Service › Section 25.29 - Removal or disciplinary action

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) An employee described in paragraph
					 (1), (2) or (3) of this subdivision shall not be removed or otherwise subjected
					 to any disciplinary penalty provided in this section except for incompetency or
					 misconduct shown after a hearing upon stated charges pursuant to this section,
					 unless such employee is granted the option and elects to follow the alternative
					 disciplinary procedure set forth in subdivision (h) of this section:
(1) an employee holding a
					 position by permanent appointment in the competitive class of the classified
					 service;
(2) an
					 employee holding a position by permanent appointment or employment in the
					 classified service, who is an honorably discharged member of the Armed Forces
					 of the United States having served therein as such member in time of war as
					 defined in this Part or who is an exempt volunteer fireman as defined in the
					 General Municipal Law, except when an employee described in this paragraph
					 holds a position designated by the Chief Administrator of the Courts as
					 confidential or requiring the performance of functions influencing policy;
					 or
(3) an employee
					 holding a position in the noncompetitive class other than a position designated
					 by the Chief Administrator of the Courts as confidential or requiring the
					 performance of functions influencing policy, who since such employee's last
					 entry into the service of the Unified Court System has completed at least five
					 years of continuous service in the noncompetitive class in a position or
					 positions not designated as confidential or requiring the performance of
					 functions influencing policy.
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 25 - Career Service › Section 25.30 - Abolition or reduction of positions

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Suspension or demotion. Where
					 positions in the competitive class or the noncompetitive class are abolished or
					 reduced in rank or salary grade, all suspensions or demotions among incumbent
					 competitive and noncompetitive court personnel holding the same or similar
					 positions shall be made in inverse order of original appointment on a permanent
					 basis in the classified service of the United Court System. The following
					 exceptions shall apply:
(1)
					 Incumbents who have not completed their probationary service shall be suspended
					 or demoted before any permanent incumbents, and among such probationary
					 employees suspension or demotion shall be made in inverse order of original
					 appointment on a permanent basis in the classified service of the United Court
					 System.
(2) Blind
					 employees shall be granted absolute preference in retention.
(3) The date of original
					 appointment for disabled and nondisabled veterans shall be deemed to be,
					 respectively, 60 months and 30 months earlier than the actual date, determined
					 in accordance with section
					 30 of
					 the General Construction Law.
(4) The date of original appointment for
					 the spouse of a veteran with 100- percent service-connected disability shall
					 deemed to be 60 months earlier than the actual date, determined in accordance
					 with section
					 30 of
					 the General Construction Law, provided the spouse is domiciled with the
					 veteran-spouse and is the head of the household.
(5) The date of original
					 appointment for an incumbent transferred to the Unified Court System from
					 another governmental jurisdiction upon a transfer of functions shall be the
					 date of original appointment on a permanent basis in the classified service of
					 the governmental jurisdiction from which the transfer was made.
(6) This section shall not
					 apply to noncompetitive employees who do not have tenure protection pursuant to
					 section 25.29(a)(3) of
					 this Part and otherwise do not have tenure protection.
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 25 - Career Service › Section 25.31 - Establishment of preferred lists

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) General provisions.
(1) The Chief Administrator of
					 the Courts shall place on a preferred list the names of all employees suspended
					 or demoted from the same or similar positions in the same jurisdictional class
					 paid by the same fiscal authority, in accordance with the provisions of section
					 25.30 of this Part. This preferred
					 list shall be used for filling vacancies in the same jurisdictional class paid
					 by the same fiscal authority in the following order: first, in the same or
					 similar position; second, in any position in a lower title in line of
					 promotion; and third, in any position comparable to the lower title in line of
					 promotion. Such position need not be in the same promotion unit or unit for
					 suspension or demotion as the employee's original position. Except as provided
					 in paragraph (2) of this subdivision, no person shall be appointed from any
					 other list for any such position until such preferred list is
					 exhausted.
(2)
					 Employees reassigned to positions in the Unified Court System pursuant to
					 section 25.30(f) of this
					 Part, and suspended employees who have accepted appointments from a preferred
					 list to positions other than their original positions pursuant to this section,
					 may be reassigned to their original positions in their original courts or
					 court-related agencies as vacancies occur, in order of seniority. The failure
					 or refusal of an employee after reasonable notice to accept reassignment to
					 such original position shall be deemed a relinquishment of his or her
					 eligibility for reassignment to such position pursuant to this
					 subdivision.
(3) The
					 eligibility to be reinstated or reassigned pursuant to this subdivision shall
					 not continue for more than four years from the date of reassignment, suspension
					 or demotion.
(4) An
					 employee who is eligible to be placed on a preferred list pursuant to this
					 section and who elects, as a member of a public employee retirement system, to
					 retire upon a suspension or demotion, shall be placed on a preferred list and
					 shall be eligible for reinstatement from such list.
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 25 - Career Service › Section 25.33 - Transfer of veterans or exempt volunteer firemen upon abolition of positions

Current through Register Vol. 46, No. 28,
					 July 10, 2024
If the position in the noncompetitive or in
						the labor class held by any honorably discharged veteran of the Armed Forces of
						the United States who served therein in time of war as defined in section
						25.32 of this Part, or by an
						exempt volunteer fireman as defined in the General Municipal Law, shall become
						unnecessary or be abolished for reasons of economy or otherwise, the honorably
						discharged veteran or exempt volunteer fireman holding such position shall not
						be discharged from the public service but shall be transferred to a similar
						position wherein a vacancy exists, and shall receive the same compensation
						therein. It is hereby made the duty of all persons clothed with the power of
						appointment to make such transfer effective. The right to transfer herein
						conferred shall continue for a period of one year following the date of
						abolition of the position, and may be exercised only where a vacancy exists in
						an appropriate position to which transfer may be made at the time of demand for
						transfer. Where the positions of more than one such veteran or exempt volunteer
						fireman are abolished and a lesser number of vacancies in similar positions
						exist to which transfer may be made, the veterans or exempt volunteer firemen
						whose positions are abolished shall be entitled to transfer to such vacancies
						in the order of their original appointment in the service. Nothing in this
						section shall be construed to apply to a person holding a position designated
						as confidential or requiring the performance of functions influencing policy.
						This subdivision shall have no application to persons encompassed by
						subdivision (a) of section
						25.30 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 25 - Career Service › Section 25.34 - Duties of public officers with respect to this Part

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Duties of public officers.
					 It shall be the duty of all officers of the Unified Court System to conform to,
					 comply with and aid in all proper ways in carrying into effect the provisions
					 of this Part. No officer or officers having the power of appointment or
					 employment shall appoint or select any person for appointment, employment,
					 promotion or reinstatement except in accordance with the provisions of this
					 Part. Any person employed or appointed contrary to the provisions of this Part
					 shall be paid by the officer or officers so employing or appointing, or
					 attempting to employ or appoint him or her, the compensation agreed upon for
					 any services performed under such appointment or employment or, in case no
					 compensation is agreed upon, the actual value of such services and any
					 necessary expenses incurred in connection therewith, and shall have such cause
					 of action against such officer or officers as is provided in section
					 95 of the
					 Civil Service Law.
(b) Waiver of rights. No public officer
					 nor any employee acting for a public officer shall require a candidate for
					 employment to sign any document whereby such candidate for employment waives
					 any right or rights accruing under 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 25 - Career Service › Section 25.35 - Reports of appointing authorities; official roster

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall be
					 appointed to or be employed in any position in the Unified Court System until
					 he or she has passed an examination or is exempted from such examination in
					 conformity with the provisions of this Part. Each appointing authority shall
					 report to the Chief Administrator of the Courts forthwith upon such appointment
					 or employment, the name of such appointee or employee, the title and character
					 of his or her office or employment, the date of the commencement of service by
					 virtue thereof and the salary or compensation thereof, and shall report from
					 time to time and upon the date of official action in or knowledge of each case,
					 any separation of a person from the service, or other change therein, and such
					 other information as the Chief Administrator may require in order to keep the
					 roster hereinafter mentioned.
(b) The Chief Administrator shall
					 maintain an official roster of the classified service of the Unified Court
					 System. Such roster shall contain in detail the employment history of each
					 employee, showing each change of status or compensation from the time he or she
					 enters service until he or she separates from service, except that it shall not
					 be necessary to enter in such roster the compensation or changes in
					 compensation of an employee holding a position classified pursuant to section
					 25.5 or 25.6 of this Part and listed in a
					 salary grade plan containing titles and specific ranges of salary for each
					 title.
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 25 - Career Service › Section 25.36 - Certification of payrolls

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Payroll certification required.
(1) The Chief Administrator of
					 the Courts shall certify to the appropriate disbursing or auditing officer that
					 all persons employed in the classified service are employed in their respective
					 positions in accordance with law and rules made pursuant to law. Such
					 certificate may be executed for and on behalf of the Chief Administrator by an
					 employee thereof duly designated in writing for that purpose. Such certificate
					 may, for cause, be withheld from an entire payroll or from any item or items
					 therein. If the Chief Administrator finds that any person has been promoted,
					 transferred, assigned, reinstated or otherwise employed in violation of the
					 Judiciary Law and this Part, notification shall be made to the appropriate
					 disbursing and auditing officers.
(2) Any person entitled to be certified
					 as provided herein and refused such certificate, or from whom salary or
					 compensation is otherwise unlawfully withheld, may maintain a proceeding under
					 article 78 of the Civil Practice Law and Rules to compel the issuance of such
					 certificate or the payment of such salary, or both, as the case may
					 be.
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 26 - Filing Of Statements Pursuant To Judiciary Law Section 35-a › Section 26.1 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 This section applies to any appointments made by a court including but not
					 limited to appraiser, special guardian, guardian ad litem, guardian, referee,
					 counsel, special referee, special examiner, conservator, committee of
					 incompetent, court evaluator or counsel for an incapacitated person appointed
					 pursuant to article 81 of the Mental Hygiene Law, or receiver, and in
					 connection with which fees of more than $500 for the services performed have
					 been awarded.
(b)
					 This section shall not apply to attorneys appointed to a court to represent
					 indigent persons pursuant to article 18-B of the County Law, section
					 35 of the
					 Judiciary Law, or section
					 407 of the Surrogate's Court Procedure Act,
					 or to law guardians appointed pursuant to the Family Court Act; but in the case
					 of referees or court examiners appointed pursuant to section 78.25 or
					 81.32 of
					 the Mental Hygiene Law, a statement shall be filed with the administrative
					 office of the courts, annually, by the judge or special referee who approved
					 compensation for those services.
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 26 - Filing Of Statements Pursuant To Judiciary Law Section 35-a › Section 26.2 - Filing of statements by judges

Current through Register Vol. 46,
					 No. 28, July 10, 2024
Any judge or justice who has approved
						compensation of more than $500 to a court appointee shall file with the
						administrative office for the courts, on the first business day of the week
						following approval, a statement of compensation on a form authorized 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 26 - Filing Of Statements Pursuant To Judiciary Law Section 35-a › Section 26.3 - Fixing amount of compensation

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The judge or justice approving compensation
						shall certify that the compensation approved is fixed by statute or, if not, is
						a reasonable award for the services rendered by the appointee. If the fee for
						services performed is fixed by statute, the judge or justice shall specify the
						statutory fee and the section of the statute authorizing the payment of the
						fee.
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 26 - Filing Of Statements Pursuant To Judiciary Law Section 35-a › Section 26.4 - Request for information regarding filed statements

Current through
					 Register Vol. 46, No. 28, July 10, 2024
A request for information regarding a filed statement
						must be made, in writing, to the Office of Court Administration, Appointment
						Processing Unit, 25 Beaver Street, 8th Floor, New York, New York 10004 or via
						email to part36@nycourts.gov, specifying the information
						desired.
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 26 - Filing Of Statements Pursuant To Judiciary Law Section 35-a › Section 26.5 - Repealed

Current through Register Vol. 46, No. 28, July
					 10, 2024
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The words panel of arbitrators or panel in this Part shall mean:
(1) a group of three attorneys
					 chosen to serve as arbitrators by the arbitration commissioner pursuant to
					 section 28.4 of this Part; or
(2) a single attorney assigned
					 by the arbitration commissioner, as the Chief Administrator of the Courts,
					 (hereinafter denominated the Chief Administrator), shall designate from time to
					 time in a particular county or court; or
(3) a single arbitrator in the event the
					 parties, by stipulation, provide for arbitration before a single arbitrator in
					 those cases where a panel of three arbitrators otherwise is required.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.3 - Arbitration commissioner

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The Chief Administrator shall
					 designate, in each county where arbitration is established pursuant to this
					 Part, an arbitration commissioner. The compensation, if any, payable to a
					 commissioner, other than a full-time public official or employee who shall
					 receive no compensation as such commissioner, shall be determined by the Chief
					 Administrator within the appropriation made available for that
					 purpose.
(b) The
					 commissioner shall maintain complete and current records of all cases subject
					 to arbitration under this Part and a current list of attorneys consenting to
					 act as arbitrators.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.4 - Selection of panels of arbitrators

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) The members of each panel of
					 arbitrators shall be appointed by the commissioner from the list established by
					 the Chief Administrator of the Courts of attorneys-at-law admitted to practice
					 in the State of New York. The Chief Administrator may establish procedures to
					 evaluate the qualifications of applicants for placement on the list. No
					 attorney shall be appointed unless he or she shall have filed with the
					 commissioner a consent to act and an oath or affirmation equitably and justly
					 to try all actions coming before him or her. An attorney may be removed from
					 the list in the discretion of the commissioner upon approval of the Chief
					 Administrator.
(b)
					 Names of attorneys shall be drawn at random from the list. Where a
					 three-arbitrator panel is utilized, the first name drawn for each
					 three-arbitrator panel shall be the chairperson thereof. The chairperson of
					 each panel shall have been admitted to practice in New York State as an
					 attorney for at least five years; and the second and third members must be
					 admitted to practice but not for any specified period of time, unless the Chief
					 Administrator shall, by order, otherwise determine. Not more than one member or
					 employee of a partnership or firm shall be appointed to any panel.
(c) No attorney who has served
					 as an arbitrator shall be eligible to serve again until all other attorneys on
					 the current list have had an opportunity to serve.
(d) An arbitrator who is
					 related by blood, marriage or professional ties to a party or his counsel shall
					 be disqualified for cause. An arbitrator may disqualify himself upon his own
					 application, or by application of a party made within five days of the receipt
					 of the notice of the hearing as provided by section
					 28.6 of this Part. Should a party
					 object to the arbitrator's refusal to disqualify himself or herself for cause,
					 the party may apply to the arbitration commissioner for a ruling. The
					 commissioner's ruling shall be binding on all parties. If an arbitrator is
					 disqualified, the commissioner shall select another arbitrator in the manner
					 authorized by this section.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.5 - Assignment of actions to panel

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) The commissioner shall assign to
					 each panel at least the first three, but no more than six, actions pending on
					 the arbitration calendar.
(b) If an action is settled or
					 discontinued before the hearing, the attorney for the plaintiff shall
					 immediately notify the chairperson and the commissioner. If the plaintiff is
					 not represented by an attorney, the chairperson, upon receiving notice of such
					 settlement or discontinuance, shall immediately notify the commissioner. The
					 commissioner, upon receiving such notice, shall assign the next available
					 action to the panel.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.6 - Scheduling of arbitration hearings

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) The hearing shall be held in a place
					 provided by the court, by the commissioner, by the chairperson of the panel or,
					 at the request of the chairperson, by a member of the panel. Unless otherwise
					 agreed by the panel, parties and counsel, such place shall be within the
					 county.
(b) The
					 chairperson shall fix a hearing date and time, not less than 15 nor more than
					 30 days after the case is assigned, and shall give written notice to the
					 members of the panel and the parties or their counsel at least 10 days before
					 the date set. The commissioner may, on good cause shown, extend for a
					 reasonable period the time within which the hearing shall be commenced. Such
					 date and time shall not be a Saturday, Sunday, legal holiday or during evening
					 hours except by agreement of the panel, parties and counsel. Adjournments may
					 be granted at the discretion of the chairperson only upon good cause
					 shown.
(c) If the
					 chairperson is unable to schedule a hearing within 30 days after the case is
					 assigned, or within such further period as the commissioner may set, he shall
					 notify the commissioner in writing of the reasons for such inability. The
					 commissioner shall mark the action "continued" and place it on the arbitration
					 calendar, and shall assign another action to the panel.
(d) Any action which is
					 continued twice, after assignment to two panels, shall be referred by the
					 commissioner to the court where the action was commenced or, if the action was
					 transferred, to the court to which it was transferred, for a hearing on the
					 cause of the inability to hold an arbitration hearing. The court, upon such
					 hearing, may order a dismissal, or authorize the entry of judgment by default
					 pursuant to CPLR 3215, or refer the action to the commissioner for assignment
					 to another panel.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.7 - Defaults

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Where a party fails to appear at the hearing, the panel shall nonetheless
					 proceed with the hearing and shall make an award and decision, as may be just
					 and proper under the facts and circumstances of the action, which may be
					 entered as a judgment forthwith pursuant to section
					 28.11(b) of this
					 Part. The judgment, if any, the default and the award may be vacated and the
					 action may be restored to the arbitration calendar only upon order of the court
					 where the action was commenced or, if the action was transferred, the court to
					 which it was transferred, upon good cause shown. Such order of restoration
					 shall be upon condition that the moving party pay into the court an amount
					 equal to the total fees payable by the administrative office for the courts to
					 the panel.
(b) Should
					 all parties fail to appear at the hearing, the panel must file a report and
					 award dismissing the action. The action may be restored to the arbitration
					 calendar only upon order of the court where the action was commenced or, if the
					 action was transferred, the court to which it was transferred, upon good cause
					 shown. Such order or restoration may provide for the payment by any party into
					 the court of such part of the panel fees payable by the administrative office
					 for the courts to the panel as the court may determine to be just and
					 proper.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.8 - Conduct of hearings

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The panel shall conduct the hearing
					 with due regard to the law and established rules of evidence, which shall be
					 liberally construed to promote justice. In personal injury cases, medical proof
					 may be established by the submission into evidence of medical reports of
					 attending or examining physicians upon stipulation of all parties.
(b) The panel shall have the
					 general powers of a court, including but not limited to:
(1) subpoenaing witnesses to
					 appear;
(2)
					 subpoenaing books, papers, documents and other items of evidence;
(3) administering oaths or
					 affirmations;
(4)
					 determining the admissibility of evidence and the form in which it is to be
					 offered; and
(5)
					 deciding questions of law and facts in the actions submitted to them.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.9 - Costs of hearings; stenographic record

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) Witness fees shall be the same as in
					 the court in which the action was commenced or, if the action was transferred,
					 the court to which the action was transferred and the costs shall be borne by
					 the same parties as in court.
(b) The panel shall not be required to
					 cause a stenographic record to be made, but if any party, at least five days
					 before the hearing, requests such record be kept and deposits $50 or such
					 additional sum as the panel may fix to secure payment therefor, the panel shall
					 provide a stenographer. Any surplus deposited shall be returned to the party
					 depositing it. The cost of the stenographer shall not be a taxable
					 disbursement.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.10 - Compensation of arbitrators

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The Chief Administrator shall
					 provide for the compensation, including expenses, payable to each arbitrator to
					 the extent of money available to the administrative office for the courts for
					 this purpose. Claims for such compensation shall be made to the commissioner
					 after entry of the award on forms prescribed by the Chief Administrator, except
					 that a claim for compensation of the chairperson of a panel also may be made
					 where the action is settled or withdrawn after a panel hearing date has been
					 scheduled but before the hearing is commenced, and a claim for compensation of
					 an arbitrator other than a chairperson may be made where the action is settled
					 or withdrawn within three days of the date scheduled for the hearing. The
					 commissioner shall forward all claims approved by him to the Chief
					 Administrator. Any arbitrator may apply to the commissioner for reimbursement
					 of extraordinary expenses necessarily incurred by him in the same manner as
					 provided for application for ordinary compensation.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.11 - Award

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The award shall be signed by the panel of arbitrators or at least a majority of
					 them. The chairperson shall file a report and the award with the commissioner
					 within 20 days after the hearing, and mail or deliver copies thereof to the
					 parties or their counsel. The commissioner shall mark his files accordingly,
					 file the original with the clerk of the court where the action was commenced
					 or, if the action was transferred, the court to which it was transferred, and
					 notify the parties of such filing.
(b) Unless a demand is made for a trial
					 de novo, or the award vacated, the award shall be final and judgment shall be
					 entered thereon by the clerk of the court where the action was commenced or, if
					 the action was transferred, the clerk of the court to which it was transferred,
					 with costs and disbursements taxed in accordance with the Civil Practice Law
					 and Rules, the Uniform City Court Act, the New York City Civil Court Act, or
					 the Uniform District Court Act, as the case may be.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.12 - Trial de novo

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Demand may be made by any party not
					 in default for a trial de novo in the court where the action was commenced or,
					 if the action was transferred, the court to which it was transferred, with or
					 without a jury. Any party who is not in default, within 30 days after service
					 upon such party of the notice of filing of the award with the appropriate court
					 clerk, or if service is by mail, within 35 days of such service, may file with
					 the clerk of the court where the award was filed and serve upon all adverse
					 parties a demand for a trial de novo.
(b) If the demandant either serves or
					 files a timely demand for a trial de novo but neglects through mistake or
					 excusable neglect to do one of those two acts within the time limited, the
					 court where the action was commenced or, if the action was transferred, the
					 court to which it was transferred, may grant an extension of time for curing
					 the omission.
(c) The
					 demandant shall also, concurrently with the filing of the demand, pay to the
					 court clerk where the award was filed the amount of the fees payable to the
					 panel by the administrative office for the courts pursuant to section
					 28.10 of this Part. Where a
					 judicial hearing officer has heard and determined the arbitration, the amount
					 payable shall be the same as would have been payable to a single arbitrator or
					 a panel of three arbitrators, as the case may be, if such judicial hearing
					 officer had not been assigned. Such sum shall not be recoverable by the
					 demandant upon a trial de novoor in any other proceeding.
(d) The arbitrators shall not
					 be called as witnesses nor shall the report or award of the arbitrators be
					 admitted in evidence at the trial de novo.
(e) If the judgment upon the trial de
					 novo is not more favorable than the arbitration award in the amount of damages
					 awarded or the type of relief granted to the demandant, the demandant shall not
					 recover interest or statutory costs and disbursements from the time of the
					 award, but shall pay such statutory costs and disbursements to the other party
					 or parties from the time of the filing of the demand for the trial de
					 novo.
(f) If a
					 judicial hearing officer has heard and determined an arbitration, the trial de
					 novo may not be presided over by a judicial hearing officer, except upon
					 consent of the parties.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.13 - Motion to vacate award

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Any party, except one who has
					 demanded a trial de novo, within 30 days after the award is filed, may serve
					 upon all other parties who have appeared and file with the appropriate court
					 clerk a motion to vacate the award on only the grounds that the rights of the
					 moving party were prejudiced because:
(1) there was corruption, fraud or
					 misconduct in procuring the award;
(2) the panel making the award exceeded
					 its power or so imperfectly executed it that a final and definite award was not
					 made; or
(3) there
					 was a substantial failure to follow the procedures established by or pursuant
					 to these rules;
unless the party applying to vacate the
						award continued with the arbitration with notice of the defect and without
						objection.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.14 - General power of court

Current through Register Vol. 46, No. 28, July
					 10, 2024
The court where the action was commenced
						or, if the action was transferred, the court to which it was transferred, shall
						hear and determine all collateral motions relating to arbitration
						proceedings.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.15 - Training courses

Current through Register Vol. 46, No. 28, July
					 10, 2024
The Chief Administrator of the Courts may
						provide for such orientation courses, training courses and continuing education
						courses for attorneys applying to be arbitrators and for arbitrators as the
						Chief Administrator may deem necessary and desirable.
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 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.16 - Judicial hearing officers and court attorney referees

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) An arbitration under this
					 Part may be heard and determined by a judicial hearing officer or a court
					 attorney referee instead of a panel of arbitrators, without regard for whether
					 the arbitration otherwise would be triable before a single arbitrator or a
					 panel of three arbitrators. The judicial hearing officer or court attorney
					 referee shall be assigned by the commissioner, with the approval of the
					 appropriate administrative judge, to hear and determine such proceedings as
					 shall be assigned by the commissioner. When a judicial hearing officer or a
					 court attorney referee presides over an arbitration, the procedures followed
					 shall be as set forth in the provisions of the Part.
(b) Judicial hearing officers
					 serving as arbitrators pursuant to this Part shall receive compensation as
					 provided in section
					 122.8 of the Rules of the Chief
					 Administrator. A location in which a hearing of the arbitration is held shall
					 be deemed a "facility designated for court appearances" within the meaning of
					 that section. Court attorney referees shall receive no additional compensation
					 for service as arbitrators pursuant to 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 29 - Electronic Recording And Audio-visual Coverage In Court Facilities And Of Court Proceedings › Section 29.1 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Taking photographs, films or videotapes, or audiotaping, broadcasting or
					 telecasting, in a courthouse including any courtroom, office or hallway
					 thereof, at any time or on any occasion, whether or not the court is in
					 session, is forbidden, unless permission of the Chief Administrator of the
					 Courts or a designee of the Chief Administrator is first obtained; provided,
					 however, that the permission of the Chief Judge of the Court of Appeals or the
					 presiding justice of an Appellate Division shall be obtained with respect to
					 the court over which each presides. Such permission may be granted if:
(1) there will be no detraction
					 from the dignity or decorum of the courtroom or courthouse;
(2) there will be no compromise
					 of the safety of persons having business in the courtroom or
					 courthouse;
(3) there
					 will be no disruption of court activities;
(4) there will be no undue burden upon
					 the resources of the courts; and
(5) granting of permission will be
					 consistent with the constitutional and statutory rights of all affected persons
					 and institutions.
Permission may be conditioned upon
						compliance with any special requirements that may be necessary to ensure that
						the above conditions are met.
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 29 - Electronic Recording And Audio-visual Coverage In Court Facilities And Of Court Proceedings › Section 29.2 - Appellate courts

Current through Register Vol. 46, No. 28, July
					 10, 2024
In respect to appellate courts, the Chief
						Judge hereby authorizes electronic photographic recording of proceedings in
						such courts, subject to the approval of the respective appellate court.
(a) Conferences of counsel. To
					 protect the attorney-client privilege and effective right to counsel, there
					 shall be no audio pickup or audio broadcast of conferences which occur in a
					 court facility between attorneys and their clients, between co-counsel of a
					 client, or between counsel and the presiding judge held at the bench, without
					 the express consent of all participants in the conference. Nor shall any
					 chambers conference be filmed, recorded or broadcast.
(b) Consent not required.
					 Electronic media or print photography coverage of appellate arguments shall not
					 be limited by the objection of counsel or parties, except for good cause
					 shown.
(c) Appellate
					 review. An order granting or denying the electronic media from access to any
					 proceeding, or affecting other matters arising under these rules and standards,
					 shall not be appealable insofar as it pertains to and arises under these rules
					 and standards except as otherwise provided and authorized by law.
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 29 - Electronic Recording And Audio-visual Coverage In Court Facilities And Of Court Proceedings › Section 29.3 - Trial courts

Current through Register Vol. 46, No. 28, July
					 10, 2024
Audio-visual coverage of proceedings in the
						trial courts shall be permitted only in accordance with the provisions of Part
						131 of the Rules of the Chief Administrator.
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 29 - Electronic Recording And Audio-visual Coverage In Court Facilities And Of Court Proceedings › Section 29.4 - Videotape cameras and recorders

Current through Register Vol. 46, No.
					 28, July 10, 2024
VIDEOTAPE ELECTRONIC CAMERAS
1.
Ikegami
HL-77, HL-33, HL-35, HL-34, HL-51
2.
RCA
TK-76
3.
Sony
DXC-1600 Trinicon
3a.
ASACA
ACC-2006
4.
Hitachi
SK-80, SK-90
5.
Hitachi
FP-3030
6.
Phillips
LDK-25
7.
Sony BVP-200
ENG Camera
8.
Fernseh
Video Camera
9.
JVC-8800 u
ENG Camera
10.
AKAI
CVC-150, VTS-150
11.
Panasonic
WV-3085, NV-3085
12.
JVC
GC-4800 u
VIDEOTAPE RECORDERS/used with video
						cameras
1.
Ikegami
3800
2.
Sony
3800
3.
Sony
BVU-100
4.
Ampex
Video Recorder
5.
Panasonic
1 inch Video Recorder
6.
JVC
4400
7.
Sony
3800H
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 30 - Mechanical Recording Of Proceedings In Justice Courts › Section 30.1 - Mechanical recording of proceedings in justice courts

Current
					 through Register Vol. 46, No. 28, July 10, 2024
The chief administrator of the courts may
						require the mechanical recording of testimony and of other proceedings in cases
						in a town or village justice court. The mechanical recording of proceedings in
						accordance with this rule shall not affect the right of the court or any
						litigant therein to employ a stenographer to take minutes of such proceedings
						manually.