New York How to Commence a Civil Action
Description
How to fill out New York How To Commence A Civil Action?
Coping with legal paperwork requires attention, precision, and using well-drafted blanks. US Legal Forms has been helping people countrywide do just that for 25 years, so when you pick your New York How to Commence a Civil Action template from our service, you can be sure it meets federal and state regulations.
Dealing with our service is simple and quick. To get the necessary document, all you’ll need is an account with a valid subscription. Here’s a quick guideline for you to get your New York How to Commence a Civil Action within minutes:
- Remember to carefully examine the form content and its correspondence with general and legal requirements by previewing it or reading its description.
- Search for an alternative formal template if the previously opened one doesn’t suit your situation or state regulations (the tab for that is on the top page corner).
- ​Log in to your account and save the New York How to Commence a Civil Action in the format you need. If it’s your first experience with our website, click Buy now to continue.
- Create an account, choose your subscription plan, and pay with your credit card or PayPal account.
- Decide in what format you want to obtain your form and click Download. Print the blank or upload it to a professional PDF editor to prepare it electronically.
All documents are created for multi-usage, like the New York How to Commence a Civil Action you see on this page. If you need them one more time, you can fill them out without re-payment - just open the My Forms tab in your profile and complete your document whenever you need it. Try US Legal Forms and prepare your business and personal paperwork quickly and in total legal compliance!
Form popularity
FAQ
N.Y. Civil Practice Law and Rules (CPLR) 320(a) provides three ways in which a defendant may appear in an action: (1) serving an answer; (2) serving a notice of appearance; or (3) making a motion which has the effect of extending the time to answer.
Article 78 Proceedings must be filed within four months of the date you receive the decision you want to appeal. If you do not file within that time period, you will likely be prevented from pursuing your appeal.
In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.
You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.
A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis.
Some examples of when an Article 78 in the form of a Mandamus to Review would be used are such things as the denial of a request for a rent increase in a rent stabilized housing unit, the denial of pistol permit applications, a guilty finding in a DMV Traffic Violations Bureau hearing, and a finding of child abuse or
You usually have to file your Article 78 proceeding in the New York State Supreme Court. Each county has its own Supreme Court. The Supreme Court is usually located at the County Courthouse. There is a ?Court Locator? link at nycourts.gov with contact information.
New York law requires that papers commencing a special proceeding must be filed with the County Clerk and that an identifying number, an Index Number, be obtained. The petitioner should go to the County Clerk's Office (Room 118). The petitioner will have to purchase an Index Number from the cashier (cost $210.00).