(4) When an action has been announced "ready" but no part is immediately available, counsel may arrange with the calendar judge to be summoned by telephone, provided they agree to hold themselves available and to appear on one hour's notice or at such other time as the court may order at the time and part assigned for the trial. Ground Floor Such an order may be made only upon motion on notice showing in detail, by affidavit, the facts claimed to entitle the moving party to relief under this subdivision. Civil Nature of Suit Code Descriptions . PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED). (b) Where a bifurcated trial is ordered, the issues of liability and damages shall be severed and the issue of liability shall be tried first, unless the court orders otherwise. (b) All rules of the Civil Court shall apply to the housing part whenever practicable, except when otherwise provided by statute or as otherwise provided in this section. Housing Court Clerk Civil Court of the City of New York 6.1.9. Transfer and Change of Title. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. - Civil Court of the City of New York Historical Note A career or career-conditional employee of one agency may transfer, without a break in service of a single workday, to a competitive service position in another agency without competing in a civil service examination open to the public. Notwithstanding the provisions of any other section of law, general, special or local, any political subdivision maintaining a police department serving a population of one hundred fifty thousand or less and with positions for more than four full-time police officers, shall maintain the office of chief of police. Section 208.4-a Electronic Filing in New York City Civil Court. DC 37 is New York City's largest public employee union, represents about 150,000 members and 89,000 retirees. More information regarding Opportunities in State Government (4) After the first hearing, neither party may withdraw from the arbitration unless both parties consent to, or the arbitrator directs, a discontinuance of the proceeding. you may have opportunities to transfer to other titles, and this webinar is for you! filed: Dec. 28, 1988; Sept. 23, 1991; March 23, 1995; Aug. 20, 1996; May 3, 1999; Sept. 10, 2001 eff. The request shall be served on all other parties and filed with the clerk together with stamped postcards addressed to all parties. A Librarian's Guide to Civil Service in NYS 2018 - NYLA For Tier 4 and 5 members, the cost is 3% of gross earnings plus interest to the date of payment. (e) Applications to restore an action to the ready calendar in the event of a reversal or a direction of a new trial by an appellate court, shall be made returnable in the appropriate motion part, except that if all parties do not appear by attorney, the clerk shall, without formal application, restore the action to the ready calendar. Both positions must be within the competitive class. 208.14-a Proof of Default Judgment in Consumer Credit Matters Telephone number: . Differentiate between different types of transfers and when each may be applicable; Review eligibility requirements for transfer; Explore available resources to determine transfer opportunities (g) Calendar Progression. A copy of the order shall be served on the calendar clerk and the case shall receive a new calendar number followed by the letter "R" to designate the case as having been restored. Should New York State employees take Open Competitive Examinations? provisions of subdivision one of this section or any other provision of Stipulations of adjournments, if attendance in court on the adjourned date is required, shall be similarly filed. (1) At the time of the filing with the clerk of a notice of petition with proof of service in a summary proceeding under article 7 of the Real Property Actions and Proceedings Law involving residential property, the petitioner shall submit to the clerk a stamped postcard containing a written notice addressed to the respondent, in both English and Spanish, in a form approved by the chief administrator of the courts and posted on the website of the Unified Court System. District Council 37, AFSCME, AFL-CIO 125 Barclay Street, New York, NY 10007 The notice of trial shall include the index number, name, office address and telephone number of each attorney and pro se party who has appeared, and the name of any insurance carrier acting on behalf of any party. (a) Motion Parts and Calendars. New York City New York City Civil Service Counties Served: Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Rockland, Suffolk, Westchester Learn more about New York City Civil Service; Southern Tier Allegany County Civil Service Counties Served: . Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. (b) If the agency shall determine that such application and explanation are meritorious, it may, in its discretion and with the approval of the commissioner of citywide administrative services, reinstate such person; provided however, that: (1) such person shall be eligible for reinstatement for a period of one year only from the date of dismissal; and. (b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown. (f) Every subpoena or other process providing for the examination of a judgment debtor or other person, including a garnishee, in addition to the other requirements of CPLR 5223, shall have endorsed on its face, in bold type, the words: "This subpoena or process (as the case may be) requires your personal appearance at the time and place specified. (2) an assignee of any commercial claim, subject to the restrictions set forth in NYCCCA 1809-A. time and in pay while in City service. The defaulting party may apply to have the default vacated by submitting a written request to the court; proceedings on default shall be governed by, but not limited to, section 5015 of the CPLR. Housing Court Clerk The clerk shall advise the claimant of the right of the claimant or the defendant to request an evening hearing, which shall not be so scheduled if it would cause unreasonable hardship to either party, and the clerk shall schedule the hearing so as to minimize the defendant's time away from employment. (f) Where all parties appear by attorneys, the case may be transferred to the appropriate county division of the Civil Court of the City of New York, and the claimant shall pay any additional filing fees required by law. The seniority of an employee on educational leave of absence pursuant to the military law shall accrue for purpose of suspension pursuant to section eighty of the civil service law during the period of such absence and the employee may in the same manner as all regular candidates file for and compete in any scheduled promotion examination held during the period of absence for which the employee meets the eligibility requirements, but inability to file or to appear for the examination at the regularly scheduled time and place because of such absence shall not be sufficient grounds for granting a special examination. officers. Feb. 9, 1987. (1) When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the NYSCEF system. There will be a hearing before the Court upon this claim on.., 19.. , at .. o' clock .. M, in the Commercial Claims Part, held at .. You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth. Section 208.16 Discontinuance of actions. This Part shall apply to employees of the Unified Court System other than judges and elective officers. Section 70.4 of the Civil Service Law allows transfer to a title which is not similar, but where the employee meets the qualifications for the title. A general calendar is for actions in which issue has been joined. (1) Except as may otherwise be provided by statute, a post-trial application to stay the issuance of a warrant shall be made, or referred, to the judge who directed entry of the judgment. There shall be such motion parts and motion calendars as the Chief Administrator of the Courts shall designate. (b) In computing the aforementioned time limitation, any time subsequent to separation spent in active service in the armed forces of the United States or of the State of New York resulting in discharge under honorable conditions and any time spent subsequent to separation in another position in the civil service of the city shall not be considered. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section. (a) if this summons is served by its delivery to you personally within the City of New York, you must appear and answer within TWENTY days after such service; or. Our members help make New York run by working in over 1,000 titles - everything from Accountants to Zookeepers. employees between city agencies. (d) This paragraph shall not be deemed to modify or supersede any other provisions of law applicable to the re-employment of persons retired from the public service on account of disability. Housing Court Clerk . Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind. (c) There are hereby designated within the department of mental health, mental retardation and alcoholism services the following separate units for suspension and demotion: (1) criminal and supreme court mental health program; (d) There are hereby designated within the department of citywide administrative services the following separate units for suspension or demotion: (1) executive offices, which shall include the commissioner's office, office of the general counsel, office of technology and information services, office of fleet administration and transportation and office of external affairs and communications; (2) offices of the chief financial officer and the chief administrative officer; (3) office of administrative trials and hearings; (4) division of facilities management and construction services; (5) division of municipal supply services; (7) division of citywide personnel services.