N.Y. Comp. Codes R. & Regs. tit. 22 § 212.42
Current through Register Vol. 46, No. 51, December 18, 2024
Section 212.42 - Proceedings under Article 7 of the Real Property Actions and Proceedings Law(a) Such proceedings involving residential property shall be commenced in the district in which the real property or portion thereof is located. No default shall be noted until at least one hour after the hour when the proceeding is called.(b) The chief administrator of the courts shall promulgate and post on the Unified Court System website: (1) a form notice of petition for mandatory use in eviction proceedings involving residential property under Article 7 of the Real Property Actions and Proceedings Law brought on the ground that the respondent has defaulted in the payment of rent;(2) a form notice of petition for mandatory use in eviction proceedings involving residential property under Article 7 of the Real Property Actions and Proceedings Law (other than in proceedings brought on the ground that the respondent has defaulted in the payment of rent); and(3) a form notice of petition for use in nonresidential eviction proceedings under Article 7 of the Real Property Actions and Proceedings Law.(c) At the time of the issuance of a notice of petition by a judge or the clerk, or an order to show cause by the judge, in a summary proceeding to recover possession of real property, a copy of such order to show cause or notice of petition shall be filed with the clerk. The original papers with proof of service thereof shall be filed with the clerk within the time specified by statute.(d) An action noticed to be heard on a day when a judge is not assigned to the part shall not be accepted for filing. The papers shall be returned to the attorney with a notification as to the days on which a judge is assigned.N.Y. Comp. Codes R. & Regs. Tit. 22 § 212.42
Amended New York State Register November 15, 2023/Volume XLV, Issue 46, eff. 11/15/2023Amended New York State Register July 24, 2024/Volume XLVI, Issue 30, eff. 9/3/2024