Nassau New York Order Dismissing Petition (Requesting Commitment of Guardianship And Custody)

State:
New York
County:
Nassau
Control #:
NY-TPR-3
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This form is an official State of New York Family Court sample form, a detailed Order Dismissing Petition. Available for download in several standard formats including Wordperfect and Adobe pdf.

The Nassau New York Order Dismissing Petition refers to a legal document issued by the courts in Nassau County, New York, which dismisses a petition that has been filed by one party against another. This order is typically issued when the court determines that the petition lacks merit or fails to meet the necessary legal requirements. In Nassau County, there may be different types of Order Dismissing Petitions that can be filed, depending on the nature of the case or the specific area of law involved. Some common types of Order Dismissing Petitions in Nassau County include: 1. Order Dismissing Petition for Lack of Jurisdiction: This type of order is issued when the court determines that it does not have the authority or jurisdiction to hear the case. It can occur when the case should have been filed in a different court or when the court lacks the authority to address the specific issue raised in the petition. 2. Order Dismissing Petition for Failure to State a Claim: This order is issued when the court finds that the petition fails to allege facts that, if true, would support a legally valid claim. The court may conclude that the allegations in the petition are insufficient to establish a cause of action or that the facts alleged do not meet the legal elements required for the claims made. 3. Order Dismissing Petition for Procedural Deficiencies: This type of order is issued when the court determines that the petition fails to comply with certain procedural requirements or rules. It may include issues such as failure to properly serve the opposing party, failure to include necessary parties, or failure to follow specific court procedures. 4. Order Dismissing Petition for Lack of Standing: This order is issued when the court finds that the petitioner does not have the legal standing or capacity to bring the claims or seek the relief requested in the petition. Lack of standing may arise when the petitioner cannot demonstrate a sufficient connection to the matter at hand or prove that they have been personally harmed or affected by the issues raised. Overall, the Nassau New York Order Dismissing Petition serves as a written decision of the court, explaining the reasons for dismissing the petition and concluding the legal proceedings. It is crucial to consult with an experienced attorney to understand the specific laws, regulations, and procedures relevant to each type of Nassau New York Order Dismissing Petition and to navigate the legal system effectively.

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FAQ

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).

Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.

G Go to the Ex Parte Office, 60 Centre Street, Room 315, 3rd floor. Give the Clerk the original OSC papers (and original RJI and one copy, if the case is not assigned to a Judge).

How to Persuade a Judge Your arguments must make logical sense.Know your audience. Know your case. Know your adversary's case. Never overstate your case.If possible lead with the strongest argument. Select the most easily defensible position that favors your case. Don't' try to defend the indefensible.

motion is a common way for a motion opponent to obtain relief in New York State Supreme Court. motion is a motion made against the moving party but not against any other party in the case.

RJI/Motions shall be made returnable in ?Queens Supreme Court? with no address designated. The motion will be administratively rescheduled to the proper day of the week based on the judge (once a judge has been assigned).

All motions/proceedings brought on by notice of motion or notice of petition, in both assigned and unassigned cases, shall be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day at A.M.

A complaint can be verified by the plaintiff or by counsel. CPLR § 3020 (d).

Submit your motion papers to the assigned Justice, including proof of service upon the other parties; If an order is signed, file the original order and motions papers and the filing fee ($45) in the Clerk's Office (50 East Avenue, Rochester, New York 14604).

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County Defendants now move to dismiss for failure to state a claim pursuant to Rule 12(b)(6). The plaintiff must submit to the clerk the necessary papers and the clerk enters judgment in the amount demanded in the complaint or summons with notice with.

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Nassau New York Order Dismissing Petition (Requesting Commitment of Guardianship And Custody)