Condemnation Part Rules
The Judges of the Civil Term Supreme Court, in order to promote the efficient and impartial administration of justice, hereby adopt the following common and uniform rules. These Rules are arranged by subject matter. Rules pertaining to Matrimonial, Commercial, and Foreclosure Parts are incorporated herein via hyperlink. Where rules in such parts differ from general rules, specialized rules shall govern. These rules do not otherwise control the Guardianship/Mental Hygiene or Condemnation Parts. Room changes may be made upon appropriate notice.
Uniform Rules - Papers & Motions
Uniform Rules - Discovery Part Rules
Uniform Rules - Foreclosure
Uniform Rules - Commercial Division
Uniform Rules - Matrimonial
These local rules supplement Uniform Rule § 202.61 with respect to obtaining Index Numbers for Claims and exchange and Filing of Appraisal Reports in Eminent Domain Proceedings.
- Rule 1. Index Numbers for fee Claims. Within sixty days from the expiration of the time set forth, pursuant to EDPL 503 (B), in an order of acquisition for the filing of written claims or notices of appearance, condemnor shall obtain an index number for each of the fee claims on file with the court pursuant to the said order so that the Clerk can separately maintain the claim and all further proceedings with respect thereto, and the condemnor shall notify the claimant or its attorney of record of the index number assigned to its claim. Thereafter, papers pertaining to each claim shall be separately prepared and filed under the index number assigned to the claim. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. This Rule shall take effect on March 1st, 2012, and shall apply to all Eminent Domain Proceedings in which the time for filing written claims or notices of appearance expires after February 29th, 2012.
- Rule 2. Index Number for Fixture Claims. Within six months after appraisals of fixtures have been exchanged pursuant to Uniform Rule § 202.61 (a)(1), condemnor shall obtain an index number for each individual claim for which appraisal has been exchanged so that the Clerk can separately maintain the claim and all further proceedings with respect thereto; and the condemnor shall notify the claimant or its attorney of record of the index number assigned to its claim. Thereafter, papers pertaining to each claim shall be separately prepared and filed under the index number assigned to the claim. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. This Rule shall take effect on March 1st, 2012, and shall apply to all Eminent Domain Proceedings in which appraisals of fixtures are exchanged after February 29th, 2012.