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.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.
Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court.
Possible strategies include: Claiming Unawareness: Arguing that you were unaware that your behavior was considered contemptuous could lead to a dismissal of charges. Necessity or Self-Defense: Demonstrating that your actions were out of necessity or self-defense may lead to an acquittal.
Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.
Only certain individuals have the legal right to obtain a copy of the Will. These typically include: Beneficiaries: If you are named as a beneficiary in the will, you have the right to obtain a copy. Executors: If you are named as the executor of the will, you have the right to access and obtain a copy.
The State Archives has created a probate pathfinder to help researchers determine where to locate New Yorkers' probate records, which include wills, estate inventories, and letters of administration relating to deceased persons' estates.
How do I obtain a copy of my property deed? Property deeds are recorded in the Suffolk County Clerk's Office in Riverhead, NY. The direct phone number is (631) 852-2000.