N.Y. Comp. Codes R. & Regs. tit. 22 § 601.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 601.1 - Publication of legal notices in first department; designation of newspapers

(a) Whenever a notice, summons, citation, order or other paper shall be required by the Civil Practice Law and Rules or other provision of law, or by the order of any court or a judge or justice thereof, or of a surrogate or of the clerk of a court or any other official or individual, to be published in a newspaper in the first department, or public notice of any application to a court or judge or other officer shall be required to be given by publication thereof in a newspaper in the first department, or where any court or a judge thereof or a surrogate or other judicial officer or public officer is authorized or required to designate a newspaper in the first department for the publication of any such notice, summons, citation, order or other paper, the newspaper designated by any court or judge thereof, or surrogate or other judicial officer or public officer, shall be a newspaper designated by the Appellate Division of the Supreme Court in the first department as hereinafter provided, and no such publication shall be deemed to give the notice required to be given if the same is published in any newspaper in the first department which has not been designated by an order of the Appellate Division of the Supreme Court in the first department; and the publication of such notice, summons, citation, order or other paper in any undesignated newspaper in the first department shall not be deemed a compliance with any provision of the Civil Practice Law and Rules or other provision of law or of the order of any court or judge.

(b) The Appellate Division of the Supreme Court in the first department shall from time to time designate such newspapers in such department as in its opinion have such a circulation as is calculated to give public notice of a legal publication, and from time to time revoke such designation. To entitle a newspaper to such a designation, it must file with the clerk a statement, duly verified, showing that it has been established at least one year and has been entered in the United States Post Office as second class matter, the amount of its average net paid circulation, the time and place of its regular publication, a statement of its charges for legal publications which shall not exceed its regularly established classified advertising rate, that it is familiar with the requirements for the publication of legal notices and the proper form of affidavit of publication, and that it will maintain records containing sufficient information to enable it to determine whether a legal notice has been published in any of its issues and to execute an affidavit of publication thereof.

(c) All newspapers designated under this rule for the publication of legal notices must file by January 31st of each year with the clerk of the court the following:

(1) a copy of the statement of ownership, management and circulation as filed with the United States Postal Service for the prior year; and

(2) an affidavit duly acknowledged by an editor, publisher, business manager or owner, affirming the accuracy of the information contained in the statement of ownership, management and circulation.

Failure to file the documents required by this subdivision may result in revocation of the newspaper's designation by order of this court without further notice.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 601.1