Petition To Set Aside Compromise And Release In Bronx
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A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
Where are motions returnable? Motions are returnable to 851 Grand Concourse Bronx, New York 10451 in room 217.
It is mandatory that a Show Cause Notice (SCN) is issued if the department contemplates any action prejudicial to the assessee. The SCN would detail the provisions of law allegedly violated and ask the noticee to show cause why action should not be initiated against him under the relevant provisions of the Act/Rules.
If you need further assistance consult a lawyer. Page 1 of 2. Ex Parte Applications- Law & Motion. An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.
How to Fill Out an Order to Show Cause Write the county name. Write the Article for your case type. Write the name(s) of the petitioner(s). Write the name(s) of the respondent(s). Write the docket number, if it exists. Write your name. Write the date you signed the affidavit. Write the month you signed the affidavit.
Bringing a motion by notice usually gives the other side weeks to respond and sets no real deadline for the court to make a decision. If the movant cannot wait weeks, she may submit an order to show cause, asking the court to set tight deadlines for a response and to make a decision.
You must fill out the Order to Show Cause along with an Affidavit in Support. If there is not already a pending or active case in court, you most likely will have to include a separate petition to start a case.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges "mutual mistake," while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.