Notice of Petition to Administer Estate: This form is used for two purposes: 1) for newspaper publication, and 2) to notify the persons who are entitled to receive notice about the hearing date. Complete the front side of the form and file it with the Petition for Probate.
For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York 5 Page 9 City, 30 days' notice is required, rather than one month.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
A Notice of Petition and Petition initiates an action by a Petitioner and is to be served in the same manner as a Summons and Complaint. A Request for Judicial Intervention must accompany the documents. There is a return court date for Respondents by which they must answer.
Overview. In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.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.
A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).
The warrant of eviction authorizes the sheriff or marshal to perform the eviction. An eviction is the removal of a tenant and his or her personal belongings from an apartment. The marshal sees that any entrance locks on the premises to which the tenant may have access are changed.
Definition: RJI is an abbreviation for “Request for Judicial Intervention.” It's a form that is filed by either a plaintiff or defendant sometime after the summons and complaint is served on the defendant in a civil case. Filing Effect: When an RJI is filed, the civil case is assigned to a judge.