Frequently Asked Questions

□ Notice of Automatic Orders

□ Notice of Guideline Maintenance 

□ Notice Concerning Continuation of Health Care Coverage

□ Summons With Notice (Form UD-1) OR 

□ Summons(to be served with Verified

    Complaint (Form UD-1a)

□ Verified Complaint (Form UD-2)

□ Affirmation of Service (Form UD-3)

□ Sworn Statement of Removal of Barriers to Remarriage (Form UD-4)

□ Affirmation of Service (Form UD-4a)

□ Affirmation of Regularity (Form UD-5)

□ Sworn Affirmation of Plaintiff (Form UD-6)

□ Affirmation of Defendant (Form UD-7)

□ Annual Income Worksheet (Form UD-8(1))

□ Maintenance Guidelines Worksheet

     (Form UD-8(2))

□ Note of Issue (Form UD-9) 

□ Findings of Fact/Conclusions of Law

    (Form UD-10) 

□ Judgment of Divorce (Form UD-11)

□ Part 130 Certification (Form UD-12) 

□ Request for Judicial Intervention ("RJI") 

    (Form UD-13) 

□ Addendum for the RJI (Form 840M) 

□ Notice of Entry (Form UD-14) 

□ Affirmation of Service of Judgment of Divorce 

□ Certificate of Dissolution of Marriage

□ Self-Addressed and Stamped Postcard 

For information about the Clinic:

Call the Help Center at (914) 824-5457.

For information about filing papers, court fees and electronic filing:

Call the Westchester County Clerk’s Office at (914) 995-3070.

Website: https://www.westchesterclerkny.gov/legal-division 

For information about divorce mediation or other methods of dispute resolution:

Website:

https://www.nycourts.gov/9th-judicial-district/alternative-dispute-resolution-9th-jd

You may be eligible to obtain a fee waiver from the Court. To request a fee waiver, you must bring documentation to your scheduled appointment to show that you are unable to pay the filing fees. (Example: a budget award letter regarding receipt of government assistance, unemployment benefits statement, social security statements, current school transcript, letter of support, paystubs, etc.)

An uncontested divorce costs at least $335 in court filing fees. However, this does not include additional fees such as the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.

Once you have the Uncontested Divorce papers drafted, you will need to purchase an Index Number and pay the filing fee at the County Clerk’s Office. An index number costs $210. The index number is the number for your case and should be written on all papers filed.

This clinic is free of charge.

☐ Your government‑issued photo ID (identification)

☐ A copy of your marriage certificate, and if necessary an English translation

☐ The following information about your spouse for whom you seek to divorce:

• ☐ Complete name
• ☐ Home address and email address
• ☐ Date of birth
• ☐ Telephone number
• ☐ Social Security number

☐ Your most recent tax return (if you have one)

You can make an appointment in the following ways:

• Call the Help Desk at (914) 824-5457.
• Visit the HelpDesk on the 9th Floor of the Westchester County Courthouse.

Note: The dates and times of the Clinic vary so appointments are encouraged.

You are eligible to participate in the Clinic if:

•   You or your spouse is a resident of Westchester County; and
•   You have been married for at least six (6) months; and
•   You know where your spouse lives; and
•   There are no children of the marriage.

The Westchester County Supreme Court has opened the Uncontested Divorce Clinic (“the Clinic”) to assist unrepresented litigants filing for uncontested or “no fault” divorces. The clinic provides free legal help and document preparation by experienced volunteer matrimonial lawyers. The Clinic aims to reduce backlogs and make the court process more accessible, especially for spouses seeking a peaceful resolution.

The Westchester County Uncontested Divorce Clinic is, at this time, for married people without children whose marriages have irretrievably broken down for at least six (6) months.

The Clinic hours are the first and third Wednesday of every month (starting on October 7, 2026) from 2:00 p.m. to 4:30 p.m. and the first and third Thursday of every month (starting on October 8, 2026) from 9:00 a.m.to 12:30 p.m.

An uncontested divorce or “no fault” divorce is a type of divorce where both spouses agree to end their marriage and agree on all related issues, including property, finances, and, if necessary, custody and child support. These divorces are typically pursued by couples who have already worked out their differences privately and are seeking a faster, simpler way to finalize their separation without extensive court involvement.

In an uncontested divorce, there is no disagreement between the spouses about:

• Grounds for divorce (In an uncontested divorce, the ground for divorce is Irretrievable Breakdown of the Relationship for a Period of More than 6 Months)
• Maintenance (also referred to as Spousal Support or Alimony)
• Division of Assets/Debts (also referred to as Equitable Distribution)

The Supreme Court is the only court in New York that has the authority to grant a divorce.

The process for uncontested divorces includes filing initial papers, personally serving the other spouse, submitting proof of service and preparing final documents before a judge signs the divorce judgment.

You must complete your newly admitted CLE requirement by the second anniversary of your admission to the Bar even though you will not register until your birthday. If you have completed the required 32 CLE credit hours during your first two years of admission, credits that you complete between your second anniversary of admission and your birthday may be applied towards your next reporting cycle.

You will certify the number of CLE credits you have actually completed when you file your registration form. You will be considered in compliance even if you have not completed the full second-year requirement, so long as you have completed the first-year requirement. However, you remain responsible for completing your second-year credit hours by your second anniversary of admission to the Bar. Additionally, 12 of the 16 required CLE credit hours for the second year may be applied towards fulfilling your CLE requirement for experienced attorneys in your next reporting cycle. Ethics and professionalism credit hours may not be applied to the next reporting cycle.

To determine if someone is eligible for record sealing under Clean Slate, the courts need to gather all of the person's convictions from every court in the state and connect each conviction to information about any time they spent in jail, on probation, parole, or under post-release supervision. This requires building new systems, which are still being developed.

The legislature gave the Unified Court System three years from when the law takes effect (until November 16, 2027) to complete these systems based on the complexity of the information that needs to be considered.

New York State has until November 16, 2027, to implement Clean Slate legislation. Once the system is ready, the form will be made available.

The form will be published on our website no later than November 16, 2027.

If you are convicted of a crime before a prior conviction is sealed the time calculation resets based on your most recent conviction. As explained above, the time for a misdemeanor is three years and the time for a felony is eight years.

Visit the NYS Division of Criminal Justice’s website for information about how to request your criminal history.

The Unified Court System has until November 16, 2027, to seal all eligible convictions. Your eligible convictions will be sealed before that date.

For misdemeanor convictions, a person’s dockets are eligible to be sealed three years after sentencing or three years after release from incarceration, whichever is later

For felony convictions, a person’s dockets are eligible to be sealed eight years after sentencing or eight years after release from incarceration, whichever is later.

To have dockets sealed, the person must not be on probation, post release supervision, or parole. The person also must not have any pending criminal cases (i.e., misdemeanors or felonies).

If someone is convicted of another misdemeanor or felony before the original docket is sealed, the waiting period starts over. The waiting period is three years for misdemeanors and eight years for felonies, as explained above.

With the exception of drug offenses, most Class A felony convictions, including murder and sex offenses, will not be sealed. These convictions are not eligible for Clean Slate sealing

With some exceptions, convictions for most misdemeanor and felony convictions will be sealed after a certain amount of time has passed since the individual’s last conviction or release from incarceration. The individual must not be on parole, probation, post-release supervision, or have a pending misdemeanor and/or felony.

With the exception of drug offenses, most Class A felony convictions, including murder and sex offenses, will not be sealed. These convictions are not eligible for Clean Slate sealing.

You may request the deletion of information in your financial disclosure statement at any time after you have filed your statement, by completing the request form and submitting it to the Commission.

Further details can be found at Filing Exceptions.
Forms

You may request a filing extension by completing the applicable form at any time prior to the filing deadline provided in your notice.

Further details can be found at Filing Exceptions.
Forms

See Sealed Criminal Records.

See Criminal Records: Correcting a Mistake.

Please visit the Ethics Commission’s website or contact the Ethics Commission at 212-428-2899 or [email protected] for questions about the financial disclosure forms and instructions.

We are advised that the Ethics Commission is a repository for judicial candidates’ financial disclosure statements, not an enforcement entity. We would therefore recommend that candidates file promptly upon learning of the financial disclosure requirement, even if the deadline may have elapsed.

Under Rule 100.0(A), “[a] person becomes a candidate for public office as soon as he or she makes a public announcement of candidacy, or authorizes solicitation or acceptance of contributions.”

If you are uncertain whether you meet this definition, you may ask the Judicial Campaign Ethics Center.

Rule 100.5(A)(4)(g) states: “Such statement shall be filed within 20 days following the date on which the judge or non-judge becomes such a candidate; provided, however, that the Ethics Commission for the Unified Court System may grant an additional period of time within which to file such statement....”

Part 40 Filers. Individuals who already are (or were) required to file a financial disclosure statement for the preceding calendar year under Part 40.

Town & Village Justice Candidates. Individuals seeking election to town and village courts.

Non-Candidates. Individuals who are only “testing the waters” (e.g., Opinion 02-34) by privately meeting with party leaders.

Individuals seeking election to any judicial office other than town or village positions, such as:

• Supreme Court
• County Court
• Surrogate’s Court
• Family Court (outside of NYC)
• City Court
• NYC Civil Court
• District Court (Nassau and Suffolk)

Under this internet-based program, repeat candidates who completed the training last year will not need to watch the training video two years in a row. Instead, on request, they will be given access to a password-protected page on the JCEC web site which contains instructions and materials. They must review certain specified campaign ethics opinions, take and pass a short quiz on selected judicial campaign ethics topics, and affirm that they have reviewed the specified opinions.

If you wish to participate in this "Fast-Track" Program, you must call the JCEC to confirm your eligibility and to register. Candidates who fail to meet all the requirements under the Fast-Track Program must watch the training video to complete the training requirement.

Please contact the JCEC at 1-888-600-5232 for more information.

Each judicial candidate must complete one training program per election cycle. The training materials are updated regularly to reflect rule changes, new opinions and other matters relevant to judicial campaigns. Attending the training in one election cycle does not satisfy the requirement for another election cycle.

However, if you completed the full two-hour training program last year and are running again this year, please contact the JCEC at 1-888-600-5232 and ask if you are eligible for the "Fast-Track" Program for repeat candidates.

The candidate’s staff may not take the training in lieu of the candidate. All candidates must personally complete a training session.

That said, we believe judicial candidates' campaign staff will benefit from a greater understanding of the campaign ethics rules. Thus, campaign staff are welcome to watch the video, although this will not satisfy the candidate's training requirement.

We believe all candidates for elective judicial office in New York will benefit from a greater understanding of the campaign ethics rules. Town and village justice candidates are welcome to watch the video, although the training is not required for them.

Please contact the JCEC at 1-888-600-5232 for more information or to register.

Online Training Video. In most cases, candidates must watch the training video online and fax in their completed affirmation form. 

Please call the JCEC at 1-888-600-5232 to register and request access to the video. Candidates will receive an email containing a link to the course materials and affirmation. Candidates must complete this affirmation (including the two-part code contained in the video) and return it in order to receive credit for the training.

"Fast-Track" Program. If you completed the full 2-hour training program last year and are running again for judicial office this year, you may be eligible for the internet-based "fast-track" program.

Please call the JCEC at 1-888-600-5232 for more information and to register.

Candidates should endeavor to complete the training as soon as possible, and should contact the JCEC promptly at 1-888-600-5232 if they encounter difficulties in doing so.

22 NYCRR 100.5(A)(4)(f) provides that all judge and non-judge candidates for elective judicial office “shall complete a campaign ethics education program developed or approved by the Chief Administrator or his or her designee within 30 days after the candidate makes a public announcement of candidacy, files a designating petition with the Board of Elections, receives a nomination for judicial office, or authorizes solicitation or acceptance of contributions whichever is earliest. Written proof of compliance must be filed with the Judicial Campaign Ethics Center within 14 days of completing the training, unless the candidate is granted a waiver of this requirement for good cause shown.”

For candidates running in a primary election, the date of nomination is defined as “the date upon which the candidate files a designating petition with the Board of Elections” (id.)

If you are not certain when your 30-day time limit begins to run, please ask the JCEC for guidance on your specific circumstances.

The training requirement applies to "all candidates for elective judicial office in the Unified Court System except for town and village justices." 22 NYCRR 100.5(A)(4)(f). It applies equally to "[a] judge or a non-judge." 22 NYCRR 100.5(A)(4).

A candidate who fails to complete the training at all, or fails to complete it in a timely manner, will be subject to discipline.

Key limitations include:

Judicial candidates may not personally solicit or accept campaign contributions. All fund-raising must take place through a committee whom the judicial candidate selects.

Judicial candidates may not make pledges or promises of how they would decide matters that come before them.

Judicial candidates may not endorse any other candidate for elective office, and may not make political contributions.

The Rules and Handbook discuss these and other limitations. You may also wish to check for updates as new campaign ethics opinions are issued from time to time. Candidates may also contact us for an advisory opinion throughout their campaign.

See the Mandatory Training FAQs.

Independent Judicial Election Qualification Commissions (IJEQCs).

Candidates for election to Town Justice or Village Justice positions are generally subject to the same ethical standards as other judicial candidates throughout their campaigns.

Thus Town and Village Justice candidates, like all other judicial candidates, should review the applicable Rules and consult the Judicial Campaign Ethics Center for guidance as needed. (Many candidates also find the Handbook helpful in locating potentially relevant Opinions.)

However, candidates for election to town or village courts are not required to:

• complete the campaign ethics training program approved by the Chief Administrator of the Courts (see 22 NYCRR 100.5[A][4][f]) or
• file a financial disclosure statement with the Ethics Commission for the Unified Court System (see 22 NYCRR 100.5[A][4][g]).

Please note: Because they are held to the same ethical standards as other candidates, Town and Village Justice candidates are encouraged to view the campaign ethics training program, even though the training is not mandatory for them.

The Rules Governing Judicial Conduct (22 NYCRR pt 100) do not address campaign contribution limits, which is primarily a legal question under the Election Law.

You may wish to consult an attorney for guidance on relevant contribution limits, or visit the "Contribution Limits" page of the New York State Board of Elections website.

In addition, Part 151 of the Rules of the Chief Administrative Judge sets certain contribution thresholds that operate at the administrative level (without any involvement by the judge, parties, or counsel) to help ensure that cases involving a judge’s larger campaign contributors are not assigned to the judge for a two-year period (22 NYCRR 151).

The Judicial Campaign Ethics Center does not handle financial disclosure matters, including those involving Rule 100.5(A)(4)(g). Inquiries about financial disclosure requirements for judicial candidates in New York State should be directed to the responsible agency.

For your convenience, however, we have provided contact information and links to two of these agencies:

The Unified Court System's Ethics Commission is the repository for the Financial Disclosure Statements that must be filed under Rule 100.5(A)(4)(g) within 20 days of becoming a candidate.

Contact the Ethics Commission at 1-212-428-2899 or [email protected] for more information.

See also FAQs on Financial Disclosures.

The New York State Board of Elections is the repository for the Campaign Financial Disclosure Reports that must be filed under the Election Law at specified times by candidates who meet certain fund-raising and/or spending thresholds.

Contact the Board of Elections, Campaign Finance Unit at 1-518-474-8200 or [email protected] for more information.

For other applicable disclosure rules and requirements, contact the appropriate board of elections or campaign finance agency.

A known vacancy in the prospective judicial office is a necessary prerequisite to a judge or non-judge’s announcement of his/her candidacy and commencement of campaign activities (see Opinion 09-40 [citing prior opinions]). As the Committee noted in Opinion 14-178:

When a judicial vacancy arises at the end of a judge’s full term of office, or when a judge’s term otherwise ends early by operation of law due to the judge’s age, calculation of the window period is relatively straightforward according to the principles outlined above. In such circumstances, there is no doubt a judicial vacancy will occur as of a certain date. Similarly, if a judge has resigned or died, or has been removed from office, there is no doubt a judicial vacancy currently exists. In any of these circumstances, if the judicial office is an elective one, it is certain that an election must be held in a particular year to fill the vacancy (see N.Y. Const., Art. VI, § 21).

In other circumstances, however, there is some uncertainty about whether a vacancy will arise in a particular election year, and whether or not there is a "known judicial vacancy" is a fact-dependent determination. So far, the Committee has addressed a few of these circumstances:

Incumbent announces retirement, but has not yet retired (compare Opinion 99-14 with Opinion 15-04)

Incumbent may receive an interim appointment to a higher office, subject to confirmation by the legislature (see Opinion 97-45)

Incumbent has been elected to a higher office, but has not yet taken and filed the oath of office (see Opinion 14-178)

Candidates are invited to write in for further guidance on their specific circumstances.

The "window period" is the period during which judges and non-judges who seek an elective judicial office may engage in limited political activity pursuant to Section 100.5 of the Rules Governing Judicial Conduct. It is defined as follows:

"Window Period" denotes a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating candidates for the elective judicial office for which a judge or non-judge is an announced candidate, or for which a committee or other organization has publicly solicited or supported the judge's or non-judge's candidacy, and ending, if the judge or non-judge is a candidate in the general election for that office, six months after the general election, or if he or she is not a candidate in the general election, six months after the date of the primary election, convention, caucus or meeting.

(Source: 22 NYCRR 100.0[Q]).

For guidance on calculating the start and end of the window period, see Section 2.2.3 of the Judicial Campaign Ethics Handbook as well as Committee opinions.

Please note that the end of the window period is strictly construed. See Opinion 91-67 (recently elected judge may not attend political event held “six months and one day after the general election”).

The Judicial Campaign Ethics Center only responds to questions about a candidate's own proposed conduct and cannot answer questions about the conduct of opponents.

If you have a complaint about your opponent's conduct, you may wish to consult a Judicial Campaign Oversight Committee in a local bar association. Those committees are designed to help mediate conflicts among judicial candidates.

Under some circumstances it may also be possible to file a complaint about a judge or attorney who is running for judicial office.

In addition, the Rules permit a candidate to "respond to personal attacks on the candidate's record as long as the response" complies with the limitations on judicial campaign speech (see 22 NYCRR 100.5[A][4][e]). Please see Opinions 01-98 and 12-129(A)-(G) (at Question 4 and footnote 5), for important cautions and general guidance. You may also request guidance on your specific proposed response (e.g., draft campaign materials).

The Judicial Campaign Ethics Center cannot address questions concerning a judicial candidate's conduct with a person other than the candidate, without written authorization from the candidate as set forth above.

In some circumstances, staff may be able to answer general questions about black-letter rules and published opinions over the telephone for campaign workers or other members of the public, as long as this does not require any fact-specific interpretation or comment on a candidate's conduct.

Direct communication between you as the judicial candidate and the Judicial Campaign Ethics Center helps ensure that we obtain full information about your inquiry and helps minimize misunderstandings.

However, in unusual circumstances, it may be necessary for a campaign worker to ask a question on your behalf. (For example, where the question may involve details of a specific campaign contribution.)

To authorize another individual to ask a question on your behalf, please send your signed authorization directly to the Judicial Campaign Ethics Center. Be sure to include your name, address, and telephone number, and identify which judicial office you are seeking. Please briefly describe the circumstances which you believe necessitate use of an intermediary, as this will assist the Subcommittee in deciding whether to accept the authorization.

Informal Guidance: Over the telephone, we may be able to direct you to a black-letter rule or a published advisory opinion that may answer your question. However, this informal guidance does not provide you with the protection you would get by writing in, and staff cannot provide fact-specific interpretative guidance over the telephone.

Formal Guidance: Should you wish to receive ethics advice tailored to your situation, you must send your inquiry in writing by e-mail, fax or mail, as indicated above.

Your subsequent conduct, to the extent that it complies with the written advice you receive from the Judicial Campaign Ethics Center in the same window period, will be presumed proper for purposes of any subsequent investigation by the Commission on Judicial Conduct. (Only written advice about your own prospective conduct offers this protection.)

The Judicial Campaign Ethics Center and the Judicial Campaign Ethics Subcommittee treat all inquiries about a judicial candidate’s own prospective conduct as confidential.

The JCEC will send you an e-mail or fax containing the response to your inquiry and will make every effort to respond to your inquiry in approximately two business days.

Consider Calling First

Many candidates find that calling the Judicial Campaign Ethics Center is a helpful first step that helps them refine, or even resolve, their inquiry before they write in for formal guidance.

You may call 888-600-5232 for informal guidance during regular court hours.

Please note: We cannot provide fact-specific interpretative guidance over the telephone.

See "What are the differences between formal and informal guidance?" below for more information.

Seeking Formal Written Guidance

Once you decide to write in (via e-mail at [email protected] or fax 212-401-9029), to expedite your response, please be sure to:

Identify yourself. Please provide your name, and a home or office mailing address, to help confirm your identity.

Provide your telephone number. We may need to contact you for clarification, particularly if your request raises potentially significant or time-sensitive issues.

State which judicial office you are seeking. Remember that you may be a “candidate” under the Rules even if you are uncertain whether you will be endorsed, designated or nominated by a political party.

Set forth all facts relevant to your inquiry. If you omit significant details, you may not be able to rely on the resulting opinion.

Clearly describe the prospective campaign conduct you wish to engage in, or the steps you would like to take. The focus must be on your own proposed conduct. You may include copies of draft campaign materials for the Subcommittee to review. Please note that if you wish the Subcommittee to review draft language on your campaign website, you must include actual printouts or images of the specific page(s) or language that you wish the Subcommittee to review.

If you are not sure, you should ask the Judicial Campaign Ethics Center.

Mediators have completed an extensive training and apprenticeship program as required by the New York State Unified Court and volunteer their services to the Center. Mediators are objective, nonjudgmental and impartial. Mediators help people listen to each other, discuss issues and encourage the creation of a mutual agreement for parenting.

Upon receiving a referral from Family Court, letters are sent to both parents to explain the process. If the parents wish to participate in the process and their case is appropriate for mediation, a mediation session is scheduled. You may also contact us directly at anytime.

Mediation may eliminate the need to appear in Family Court. If parents reach an agreement it may be submitted to Family Court for review and approval. When approved, it becomes a court order.

Parents sit down together with the mediators to identify the issues and any areas of conflicts, determine goals and explore possible solutions. The mediators work with parents to ensure equal participation, they do not provide counsel or legal advice.

There are no fees for mediations. However, donations are always accepted. The service is provided through the New York State Unified Court System in conjunction with Chenango County Family Court.

Family Court Mediation is a process where parents meet with two specially trained mediators to discuss parenting issues and seek a resolution that is acceptable to both and in the best interest of their child(ren).

CARES Court can provide participants with access to resources that can help them stay clean and keep them out of the judicial system.  People who are actively participating in the CARES Court Program will receive help in accessing services and support to help with things such as housing, transportation, food, clothing, etc.  If the participant is successful, they may be offered a more favorable plea-offer by the District Attorney’s Office.

Participants will be required to check-in with Judge Genute every Tuesday, Wednesday, and Thursday at 11:00 AM at Norwich City Court, located at 1 Court Plaza, Norwich, NY.  Participants need to abide by an 8:00 PM curfew every night and must call the CARES Court Coordinator to check-in by leaving a message.

Participants will be required to follow a treatment plan consistent with their initial screening and assessment needs.  Treatment plans may consist of alcohol and/or drug inpatient or outpatient care, depending on the individual’s level of need, and may also include mental health treatment, self-help, employment assistance, job readiness programs and schooling.

Participants will need to abstain from all mood-altering substances and submit to random drug/alcohol testing to ensure compliancy.

Participants will be encouraged to attend sober support activities in the community that will assist them with developing a sober support network.

As part of the CARES Court program, you will work with a peer specialist.  A peer specialist is an individual who is in sustained recovery, who not only provides a source of support but can also assist you with working through any barriers you may be experiencing.

Any individual with a pending charge in Norwich City Court, or any other court within Chenango County, may request to be screened and assessed for access to the Program.  A pending charge may also include a Violation of Probation.

CARES Court is a special part of Norwich City Court. It is a judicially supervised treatment program designed to provide immediate medical and clinical interventions and resources for individuals who are using substances and are at high risk of overdose. CARES Court is a voluntary program that includes regular court appearances before the CARES Court Judge. Upon admission into CARES Court, you will be expected to follow a treatment plan and you will be supported by the CARES Court team to help you make positive changes and adopt a healthier lifestyle.

CARES Court is a program that will last a minimum of 90 days.  Total program length is based upon individual progress.  Progress in this case is measured by demonstrating that your life, and your recovery, is stable enough to move forward with addressing your legal issues and treatment recommendations.

The forms can be found in the statewide promulgated forms or by picking up a package from the Surrogate’s Court. You will need to file the child’s birth certificate and other required information and pay a $20.00 filing fee. Most commonly these proceedings are processed on the papers submitted to the Court, without the necessity of a formal hearing. However, in some circumstances, the court may require a hearing.

If the value of the estate is under $50,000 (exclusive of exempt property), for a person dying on or after January 1, 2009, and the decedent owned no real estate, a small estate proceeding may be filed. (The amount is $20,000 for persons dying before January 1, 2009.) The filing fee is only $1.00. This proceeding is available for persons who died with or without a Will. You can use the free and easy DIY Forms Small Estate Affidavit program.

The original Will and death certificate needs to be filed with the probate petition and other supporting documents in the Surrogate’s Court located in the county in which the decedent was domiciled (primary residence). There is a filing fee based on the size of the estate.

A person who dies without a Will is said to have died “intestate”. Because the deceased person left no direction on how to dispose of their assets, New York law provides for how those assets will be distributed among the surviving members of the decedent’s family.

Contact the Surrogate’s Court as they often have information of where to start looking. You can also contact the local bar association to see if they have information. Indicate the name of the decedent as well as your name and contact information.

If a lawyer prepared your Will for you, you may wish to discuss with your lawyer where to keep the original Will. Generally, the original Will should be kept in a safe place which will be easily accessible if it is needed. For a small fee, the Court has a fire-rated vault in which Wills are stored for safekeeping. Each Will is kept confidential until the Court receives proof of death. Upon receipt of the proof of death, the Court will open the Will and it becomes a public document.

A Will is a written declaration of what a person wants done with their property upon death. A person who dies leaving a Will is said to die “testate”. The law requires certain formalities for a Will to be valid. A valid Will can transfer an interest in both personal property (e.g. bank accounts, furniture, stocks, clothing) and real estate. A Will allows a person to name a trusted individual to serve as executor of the estate and guardian over the children. It also can provide protection for family members; for example, trusts for adult incompetent children, or “sprinkling” trusts for minor grandchildren where a trustee has discretion to distribute income according to need.

Probate: The process by which a Will is proved to the satisfaction of the Surrogate (Judge) to be the valid Last Will and Testament of the person who died (decedent).

Administration: A procedure for collecting and distributing assets of a person who died without a Will (intestate).

Voluntary Administration (also referred to as “small estate”): A simple and inexpensive method of administering the estate of a deceased person whose personal assets in the decedent’s name alone do not exceed $50,000 (exclusive of certain exempt types of property) for persons who died on or after January 1, 2009; or $20,000 for persons who died before then. Voluntary administration may not be used to administer real property or in a wrongful death action.

Trusts: Surrogate’s Court handles the following types of trusts:

• Inter vivos trusts: created during the settlor’s lifetime
• Testamentary Trusts: Arises upon the death of the testator, usually under his/her Will.

Guardianship:

• Guardianship over an infant’s (child under 18 years of age) “person”, and/or “property” (Article 17). A guardian is usually a family member who is granted authority to care for and make certain decisions for a child (for the “person”). Whenever a child receives money (usually $10,000 or more), someone must be formally appointed by the Court to safeguard these funds until the child becomes 18. Usually, a parent (the child’s “natural guardian”) is the person appointed “legal guardian” over these funds.
• Guardianship over an intellectually disabled person or a developmentally disabled person and/or property (Article 17-A): An individual who is certified by at least two doctors (one of which must be a medical doctor; and one of which may be a licensed psychologist) as being unable to care for him/herself because of mental retardation or a developmental disability can have a guardian appointed by the Court to make decisions on his/her behalf.

A Voluntary Administrator, Executor, Administrator or Trustee.

If there is a Will, the person named as Executor or Executrix or if they are deceased or unable to act, the person named as Successor Executor/Executrix. If there is no Will, a person who qualifies under the laws of intestacy.

In the County where the decedent was domiciled.

It may be in your best interest to consult with an attorney as estate proceedings can range from relatively simple to extremely complex. Please remember that while court staff may provide legal information, they are prohibited by law from giving legal advice.

When a person dies with real or personal property titled in their own name.

You can find more information at CourtHelp and LawHelpNY. You can also find information about the New York State Attorney General's Homeowner Protection Program at www.aghomehelp.com or by calling 1-855-HOME-456. If you live in New York City, you can call the 311 Hotline which will direct you to free housing counseling and legal services.

No, filing the Answer is free. But if you file a Motion with the court there may be a fee. Ask if the Judge waived your motion fees in this case.

You must:

• Sign the Answer. If the Complaint has a Verification at the end of it, this means that the plaintiff swore that the Complaint is true. You should "verify" your Answer by signing it in front of a Notary Public.
• Make copies of the Answer for the Plaintiff, yourself and any other parties.
• Deliver or "serve" a copy of the Answer by having someone, not you, mail it to the Plaintiff's attorney and fill out an Affidavit of Service (sample attached), and
• File the Answer and Affidavit of Service (or ask someone to file them for you) at the Clerk’s office at the Courthouse.
  Important! Your Answer and Affidavit of Service must be filed at the Courthouse within 30 days of the date of your first foreclosure settlement conference.

Yes, you may add "counterclaims" and "cross-claims" to your Answer. A counterclaim is a claim against the plaintiff. A cross-claim is a claim against another defendant.

Your Answer explains in writing your side of the story. Your Answer tells the court your defenses or reasons the plaintiff should not win the case. If you are not sure that everything said in the Complaint is true, your Answer should have a "general denial" at the beginning. After the general denial, your Answer should list or check any defense or explanation that you might have.

Note: If you don't put a defense in your Answer you might not be able to bring it up later in the case.

If you reach an agreement, the mediator will write it up for each of you to review. If all parties approve, the agreement will be sent back to court where the jurist may make it into a court order. If you do not reach an agreement, the matter will return to court without it negatively impacting your case.

Mediation often improves communication, saves time and money, reduces stress, improves parent-child relationships, and leads to longer-lasting agreements. Mediation can help you figure out what is important for you and for your child(ren) and it allows you to create a parenting plan that makes sense in your life and in your family.

Yes. Attorneys can attend mediation sessions with you, prepare you for mediation sessions, and assist with drafting agreements. Attorneys should review all agreements. You do not need to agree to anything in mediation without first speaking with an attorney.

You will each meet privately with a mediator to see if your case is appropriate and would benefit from mediation. Mediation is not appropriate for all cases. Cases involving parties where there are issues of intimate partner violence, severe power imbalance between the parties and/or a temporary or final order of protection issued are not eligible for mediation. If your case involves issues of child abuse and/or neglect, it might be eligible for the Child Permanency Mediation Program.

You can request mediation at any time during your case. Because it is voluntary, both parties need to agree to participate before a session. In addition, you may be offered the opportunity to mediate by the Court at any point.

Mediation gives you the opportunity to discuss all the issues affecting your child(ren), not just the legal ones. The mediator will help you focus on the many issues that come up in parenting such as:

• schedules
• holidays
• how you will communicate
• decision-making
• extended family relationships
• new partners

The mediator will provide you with information regarding parenting issues that regularly come up in mediation to help you prepare for your session (Mediation Forms)

Mediation is a voluntary and confidential process used to resolve conflicts. With the help of a neutral third party (the mediator), the parties discuss their concerns and see if they can reach an agreement that is acceptable to them and that is in the best interests of the child(ren).

An order to show cause with a temporary restraining order and an affidavit of emergency together with a notarized affidavit in support must be filed with the Supreme Court in the county where the eviction or foreclosure is planned to take place. The litigant should bring a copy of the Sheriff’s Order of Eviction and the court order signed by the judge when seeking the order to show cause. If granted, all parties must be served with the court papers and must appear on the date selected by the judge. The judge will make a determination after hearing from both parties.

Each Appellate Division of the New York State Supreme Court has an Attorney Grievance Committee that will accept and investigate written complaints. If the lawyer’s office is located in Manhattan or The Bronx, a complainant should contact the Supreme Court, Appellate Division, First Judicial Department Attorney Grievance Committee. If the lawyer’s office is located in Brooklyn, Queens, or Staten Island, the complainant should contact the Second, Eleventh, and Thirteen Judicial Districts Attorney Grievance Committee.

A motion or order to show cause with an affidavit in support must be filed with notice in the court where the judgment was entered and served on all parties in the action pursuant to the Civil Practice Law and Rules.
To vacate a default judgment in a consumer debt case you can use the courts Do-It-Yourself (DIY) Form Program: Vacate Default Judgment in a Consumer Debt Case - DIY Forms.

If you are born within the five boroughs of New York City, contact the Department of Health and Mental Hygiene, Office of Vital Records at 212-639-9675 or visit their website at: Birth and Death Certificates Corrections - NYC Health. If you were born in New York but outside of New York City, contact the Department of Health, Vital Records Section, Correction Unit at 518-474-5018.
 

Copies of divorces are obtained in the County Clerk’s Office, 60 Centre Street, Room 141B. Only the parties or their attorney may view the court file or obtain a copy of the divorce. Identification is required. The fee for a certified copy of the divorce is $8.00. For more information about obtain copies of divorces please refer to information from the County Clerk’s Office: Certified Copies.

New York City residents can use the New York City Civil Court Adult Name Change Petition Program - DIY Form.

To get a legal separation, the parties must draw up a written agreement specifying their intent to separate and the terms of their separation. There are NO preprinted forms for a separation agreement. The agreement is drawn up by the parties or an attorney. It is not valid unless it is signed and notarized by both parties. A separation agreement can be filed with the court by purchasing an index number ($210.00) in the County Clerk’s Office and submitting an original notarized copy of the agreement.

If both you and your spouse want to get a divorce and you both agree about what will happen to your finances and property after the divorce, you can get and complete the papers for an uncontested divorce. An uncontested divorce package can be picked up in the Help Center, Room 119A or online at: Uncontested Divorce Forms | NYCOURTS.GOV. If you and your spouse do not have children under 21 years of age you could use the court’s Uncontested Divorce Do-It-Yourself (DIY) Program: Uncontested Divorce - DIY Forms | NY CourtHelp.
If your spouse does not want a divorce or disagrees with you about certain issues, your divorce will be contested. Instruction books and forms for contested divorces are available under the Forms section above.
The filing fees for a divorce include $210.00 for the index number and $125.00 for the note of issue. If you are filing a contested divorce the cost can go higher depending on how much motion practice will be involved.

File a verified petition with notice of petition or order to show cause in the Supreme Court. The filing fees are $210.00 for the index number and $95.00 for the request for judicial intervention, unless the fees are waived by the court (Fee Waiver Order). The petition must include a copy of the agency’s final determination which the petitioner is appealing.

To answer a motion, whether one brought on by Notice of Motion or by Order to Show Cause, the following steps are taken:

• Step 1: Write answering papers, also known as opposing papers. These papers consist of your affidavit in opposition (with exhibits, if you wish) and a litigation back.
• Step 2: Have copies of the answering papers served upon all parties to the case.
• Step 3: Obtain affidavits of service.
• Step 4: Submit the original answering papers, with original affidavits of service to the court. This is done at the time and place stated in the Notice of Motion or Order to Show Cause or on the adjourned date, if any.

For more information on how to answer a motion, you should refer to the instructions and forms on “How to Make a Motion” which can be found under the Forms section above.

Although a lawsuit is commenced by the filing of the summons and complaint, or summons with notice, the case will not be assigned to a judge until one of the parties files a Request for Judicial Intervention (RJI). The first time a party needs judicial consideration of an issue in the lawsuit, he or she is required to purchase for a $95.00 fee and file an RJI. In most instances, the first time a case will come before the court is when a motion is made. A motion is an application to the court for an order resolving a dispute between the parties that occurs during the course of the lawsuit. The first motion made must contain a copy of the Request for Judicial Intervention form.

Once served, the defendant has 20 to 30 days to “appear” or serve the plaintiff with a respondent document. The time in which to respond depends on where and how the defendant is served (CPLR 320). If the defendant is served with a Summons and Complaint, the respondent document can be an “answer” or a motion for dismissal of the complaint. If the defendant is served with a Summons with Notice, the respondent document is called the Notice of Appearance and demand for the “complaint.” The plaintiff has 20 days from the date he or she receives the demand to serve the defendant with a complaint.

After you have served all of the defendants with a copy of the Summons and Complaint or Summons with Notice then you must file proof of that service with the County Clerk’s Office. Failure to file proof of service may result in dismissal of the case. For more information on service, you should read the pamphlet on “How to Serve Legal Papers” which can be found under the Forms section above.

Basic notions of fairness require that the defendant/respondent be notified of the lawsuit so that he or she can have the opportunity to put forth a defense. The notification process is known as “service.”

If the plaintiff/petitioner cannot afford to pay the court fees, he or she can apply for an order waiving those costs. This order is called a Fee Waiver Order. The order will waive paying fees normally charged by the court not other costs that may arise during the course of the lawsuit. Fee waiver orders are processed through the Help Center, Room 119A.

The court can grant many different forms of relief. For example, the court can order a defendant to pay a sum of money (damages) to the plaintiff to compensate for any injuries sustained. The court can also provide injunctive relief by ordering the defendant to act or refrain from acting in a particular way.

An index number is a number used by the court to identify a case. In order to initiate a civil action, the plaintiff(s)/petitioner(s) must purchase an index number at the County Clerk’s Office, Room 141B, 60 Centre Street, for $210.00, and file the original summons and complaint or summons with notice with the court. The index number and date of filing of the summons must be included on the summons before the defendant/respondent is served. The plaintiff/petitioner has 120 days from the date of purchase of an index number to serve the summons and complaint or summons with notice on the defendant (CPLR 306-b).

The complaint provides details of the plaintiff’s claim(s) against the defendant(s). It must describe the legal basis for each claim by stating the elements of each cause of action, how the defendant’s behavior or inaction caused harm, and what compensation plaintiff is entitled to receive. The facts should be recited clearly, in chronological order, providing specific dates and places. Your complaint should end with a paragraph describing all of the forms of relief you are seeking from the court. A complaint (and every other document served in a case in this court) shall be typed, double spaced, or legibly printed, in English, using black ink. It must be on 8 1/2 x 11 inch paper, using only one side of the paper. Papers should be stapled or otherwise bound securely. For specific rules regarding the format and content of the complaint consult Article 30 of the Civil Practice Law and Rules (CPLR).

The summons must contain the following information: the name of the court, the caption box containing the names of the parties, the index number assigned by the court, the date the summons is filed with the County Clerk’s Office, the name, address and telephone number of the plaintiff/petitioner or his/her attorney, and the name and addresses of the defendant.

Instead of filing a summons and complaint, you may file a summons with notice to start a civil action. The summons with notice contains the same information as the summons, but it requires a brief description of the nature of the case and the relief being sought.

Generally, you may commence a civil action in Supreme Court to obtain money damages over $25,000.00 or some other form of relief from a private person or entity (i.e. corporation) whose actions have resulted in a violation of your rights. To start a civil action the person alleging harm (plaintiff) files either a summons and compliant OR summons with notice (initiating papers) with the court. The summons sets out the jurisdiction of the court and gives notice to the alleged wrongdoer (defendant) of the reason why he/she is being sued. The summons MUST be served with either a complaint OR file a summons with notice. Every lawsuit must be brought within one of the various deadlines known as statutes of limitations (see Statute of Limitations chart | NY CourtHelp)

The court does not provide counsel in civil actions. The court cannot recommend a particular attorney or law firm. You can search for an attorney at the Courthelp website: Find a Lawyer | NY CourtHelp. The Help Center also has compiled a list of Legal Referrals to for hire and pro bono attorneys. The list can be found under the Forms section above.

If you missed your court date, contact your attorney and report to the central clerk's office in the borough your case was scheduled. 

LDSS-5039 (Income Withholding For Support: General Information and Instructions)

This document contains general information about the income withholding process for both Non-IV-D Services cases and Spousal Support Only cases. It also contains instructions, along with numbered reference tools keyed to the instructions, detailing how to complete both a Non-IV-D IWO and a Spousal Support Only IWO. Information on where to serve each type of IWO and how to terminate an IWO is provided.

Note: Do not complete the Numbered Reference Tools. They are for reference only. These tools are the same as the actual IWO Forms with one important difference: the blanks are numbered and keyed to the instructions.

To withhold income for child support or combined child and spousal support, you must use the LDSS-5037. To withhold income for spousal support only, the LDSS-5038 is not required but is recommended for use in New York State.

LDSS-5037 (Non-IV-D Income Withholding Order)

This is the form (consisting of two parts) that must be filled out and issued by the Court or other authorized issuer when income withholding for child support or combined child and spousal support is ordered for a case that is not receiving child support services under the Title IV-D Program (a “Non-IV-D Services case”).

• Part A of the LDSS-5037 (consisting of one page) must be served only on the NYS Child Support Processing Center (SDU).
• Part B of the LDSS-5037 (consisting of 4 pages) must be served on the employer/income withholder, employee/obligor, custodial parent/obligee, and the NYS Child Support Processing Center (SDU).

Service of Parts A and B on the NYS Child Support Processing Center (SDU) must be sent to P.O. Box 15363, Albany, N.Y. 12212-5363.
 

LDSS-5038 (Spousal Support Only Income Withholding Order)

This is the form (consisting of two parts) to be filled out and issued by the Court or other authorized issuer when income withholding is ordered for a case involving spousal support only. While not required, this form is recommended for the issuance of a Spousal Support Only IWO since the standardized format will be familiar to employers. Additionally, use of the LDSS-5038 lessens the likelihood of remittance errors given the pre-filled remittance instructions on the form.

On the LDSS-5038, areas not applicable to Spousal Support Only cases have been grayed out. In addition to this shading, note that, as required by CPLR §§ 5241 and 5242, such IWOs are payable to the obligee and remitted directly to the obligee, not to the NYS Child Support Processing Center (SDU). Issuers of a Spousal Support Only IWO who opt not to use the LDSS-5038 are cautioned to ensure that the IWO served complies with applicable law.

• Part A of the LDSS-5038 (consisting of 1 page) must be served only on the employer/income withholder.
• Part B of the LDSS-5038 (consisting of 4 pages) must be served on the employer/income withholder, employee/obligor, and obligee (not on the NYS Child Support Processing Center (SDU)).

When the Court issues an order of support, the Court must in every case issue an immediate income withholding order unless:

• a) child support services are being applied for, or provided, through the Child Support Program (often referred to as the “IV-D” Program) by a local district Support Collection Unit;

  or

• b) the Court finds and sets forth in writing (1) the reasons why there is good cause not to require immediate income withholding, or (2) an agreement providing for an alternative arrangement has been reached between the parties. See Domestic Relations Law § 240(2)(b)(2), Family Court Act § 440(1)(b)(2), and CPLR § 5242(c).

Where an income withholding order is required, the Court shall direct that the support be paid by automatically deducting moneys from the obligor's income through the use of an Income Withholding Order.

Potential jurors are randomly selected from lists of registered voters, holders of drivers’ licenses or ID’s issued by the Division of Motor Vehicles, New York State income tax filers, recipients of unemployment insurance or family assistance, and from volunteers.

Yes, see these Sample Online Course Evaluation Questions for some examples of the types of questions you may want to consider.

[email protected].

You can find the terms of use and privacy policy here: Privacy Notice.

There is no cost to subscribe to the New York Courts Emergency Alert Portal. Check with your mobile phone carrier (and landline provider, as appropriate), as standard data fees and text messaging rates may apply.

Yes, you do need to enroll. As of May 1, 2021, alerts only are being sent out through the Portal.

As a member of the New York Courts Emergency Alert Portal, you will receive timely alerts whenever a NY State Court (information is not available for Town, Village or U.S. Federal courts), is closed or delayed due to weather or other emergency reasons. The notice will be similar to what the NY Courts have been providing through X (@NYCourtsNotice). The difference is, the New York Courts Emergency Alert Portal allows you to customize the locations that you receive notices for, so you won’t be notified about the courts in every county, unless you choose to.

Yes. Hiring from the resulting eligible list will be for NYS Court Officer-Trainee positions throughout New York State.

No, you cannot submit an application after the filing period has closed. Late applications are strictly prohibited. 

If you missed the filing period because you are currently on, or were on, active duty in the U.S. Military, please scan your active duty orders to [email protected] for review. In your e-mail, please let us know when you will be available for testing. Note that once you are separated from active duty, you must advise us within 30 days that you are available for testing.

You must file an Order to Show Cause to enforce the judgment. You must include a copy of the original divorce with notice of entry and proof of service on your spouse with your order to show cause and an affidavit of support. If you believe it is an emergency application, you must also file an affidavit of emergency. If you are filing as an emergency, you may not have someone other than you file these papers because you may be required to appear before the judge at the time that you are filing.

All post-judgment requests (matters submitted to the court after the judgment of divorce has been signed) must be submitted by order to show cause. Requests for relief, while the case is still going on, can be done by notice of motion, but the return date, unless ordered otherwise by the court, must be only on the judge's motion dates. There is a $45.00 motion fee for all motions and orders to show cause.

The parties in a matrimonial action are divorced once the judgment of divorce is signed by the judge. In an uncontested divorce, if a postcard is submitted with the papers, you will be notified by the court when the judgment of divorce has been signed by the court. In a contested divorce, although during the court proceeding the judge may have ordered that the parties are divorced verbally until the attorneys have submitted the judgment to the court for signature and it has been signed, you are not yet divorced.

You can request that the court waive your fees in your divorce action by completing the forms for a poor person order and submitting them with your summons and complaint and proof of income to the Matrimonial Clerk's office.

Personal service of the initial divorce papers (summons with notice or summons and complaint) is required by statute. In the event the plaintiff (person starting the divorce) cannot locate their spouse, they must get permission from the court for an alternate means of service, by filing a motion for such relief.

Matrimonial files are confidential and available only to the parties or their attorneys. If you are having someone else pick up your papers, you must provide them with a notarized letter authorizing the County Clerk or Supreme Court to allow them to view your file and/or copy papers in the file, including the judgment of divorce.

If both you and your spouse agree to a divorce – this includes all other issues, such as child support, custody and visitation, and marital assets -- you may obtain and complete the papers for an uncontested divorce by using the court’s Uncontested Divorce Do-It Yourself (DIY) Program, picking up the papers from the Kings Supreme Court Help Center, or printing them from the court's Uncontested Divorce Forms.

If the other person does not want a divorce or disagrees with you about certain issues your divorce will be contested. For more information visit the court’s Divorce Resources page. The filing fees include $210.00 for the index number and $125.00 for the note of issue. If you are filing a contested divorce the cost can go higher depending on how much motion practice will be involved.

You must amend the judgment, which requires you to file an Order to Show Cause with an Affidavit in Support.

For Supreme Court and all other New York State Courts' courthouse information, locations, facts, and forms please check out CourtHelp.

On or before the return date of the motion, you must come to court and hand up the original affidavit in opposition, with affidavit(s) of service attached. Without affidavits or acknowledgments of service, the opposing papers will not be accepted. If an oral argument is required, the date will be set by the Court, and parties are required to either check the Future Court Appearances System (FCAS) or the New York Law Journal.

Yes. The person serving an Affidavit in Opposition must give you an Affidavit of Service which includes the details of service for each person served. An Affidavit of Service states the item served (in this case, your Affidavit in Opposition), the manner of service (whether by mail or personal service), and other details of service. The affidavit must be notarized, and attached to the original opposition papers before they are submitted to the court. Another acceptable way to prove service of papers is the Acknowledgment of Service. If the party receiving opposing papers is willing to sign an Acknowledgment of Service (printed on most litigation covers), the signed, dated Acknowledgment of Service can serve as proof of service. The term "proof of service" is defined by the CPLR to include Affidavits of Service and Acknowledgments of Service. A litigant cannot, therefore, assume that any other "proof" will be acceptable to the court.

It is usually proper to serve answering papers by mail. See, Civil Practice Law and Rules (known as the "CPLR") Rule 2103. However, if the court orders some other means of service, you must follow the directive of the court. Legal papers must be served by a person who is not a party to the lawsuit (i.e., not you). CPLR 2103(a). You must have a New York State resident who is over the age of eighteen serve the papers for you and give you a signed, notarized Affidavit of Service. You may obtain a blank Affidavit of Service in the Self-Help Center. Please note: when the opposing party is represented by an attorney, opposing papers must be served upon the attorney by mail, by delivery at the attorney’s office, or in any other manner permitted by CPLR 2214.

Opposing papers must be served on the date indicated in the Notice of Motion or Order to Show Cause. If the Notice of Motion does not demand service by a specific date, opposing papers must be served at least two days before the return date of the motion. See CPLR 2214(b). If the motion was been made by Order to Show Cause, opposing papers must be served by the return date of the Order to Show Cause, or sooner if the Order to Show Cause requires earlier service.

Answering papers must include an "affidavit in opposition." This affidavit must be carefully written and organized since motions are sometimes decided "upon the papers," which means that the parties will not appear personally in court to present their arguments. After it is written, an affidavit in opposition must be notarized. Any exhibits (documents that support your position) must be attached to the affidavit. The exhibits must be labeled Exhibit A, Exhibit B, and so forth. Exhibit tabs are recommended; they may be purchased at any legal stationery store. If appropriate, you may submit affidavits of other people together with your affidavit in opposition. For example, a person with personal knowledge of issues raised by the motion may provide you with an affidavit to support your allegations. This is only appropriate, however, where the person submitting the affidavit has first-hand knowledge of the dispute. Affidavits by well-meaning friends, politicians, and others who have no first-hand knowledge of the issues will only hurt, not help your case, and should be avoided. Any legal, as opposed to factual issues, raised by the motion, should be addressed in a separate memo (referred to as a "Memorandum of Law"). If the moving party (your opponent in the case) has submitted a Memorandum of Law, you should go to a law library (one is located on the third floor of this court), research the legal arguments presented, and answer them in your own Memorandum in Opposition.

To properly answer a motion, you must take the following steps:

1. Write answering papers, also referred to as opposing papers. These papers consist of a copy of your affidavit in opposition with exhibits; a memo of law (optional); and a litigation cover.
2. Have copies of the answering papers served upon all other parties to the case.
3. Obtain affidavits of service.
4. Submit the original answering papers to the court, with affidavits of service attached. This is done at the time and place indicated in the Notice of Motion or Order to Show Cause. Below are details for each of these steps.

Although a lawsuit is commenced by the filing of the Summons and Complaint, or Summons with Notice, the case will not be assigned to a judge until one of the parties files a Request for Judicial Intervention. The first time a party needs judicial consideration of an issue in the lawsuit, he or she is required to purchase for a $95.00 fee and file a Request for Judicial Intervention. In most instances, the first time a case will come before the court is when a motion is made. A motion is an application to the court for an order resolving a dispute between the parties that occurs during the course of the lawsuit. The first motion made must contain a copy of the Request for Judicial Intervention form.

Once served, the defendant has 20 to 30 days to “appear” or to serve the plaintiff with a responding document. The time in which to respond depends on where and how the defendant is served (CPLR 320). If the defendant is served with a Summons and Complaint, the responding document can be an “answer” or a motion for dismissal of the complaint. If the defendant is served with a Summons with Notice, the responding document is called the Notice of Appearance and Demand for the “complaint.” The plaintiff has 20 days from the date he or she receives the demand to serve the defendant with a complaint.

After you have served all defendants with a copy of the Summons and Complaint, or Summons with Notice, then you must file proof of that service with the County Clerk’s Office. Failure to file proof of service may result in the dismissal of the case. For more information on service, you should read the pamphlet entitled "How to Serve Legal Papers."

Basic notions of fairness require that the defendant be notified of the lawsuit so that he or she has the opportunity to put forth a defense. This notification process is known as “service.”

If the plaintiff cannot afford to pay the court fees required to proceed with the lawsuit, he or she can apply for an order waiving those costs. This request is known as a poor person order. The order will only excuse the plaintiff from paying fees normally charged by the court, not other costs that may arise during the course of the lawsuit.

An index number is a number used by the court to identify a case. In order to initiate a civil action, the plaintiff(s) must purchase an index number at the County Clerk’s Office for $210.00, and file the original Summons with Notice or Summons and Complaint with the court. The index number and date of filing of the summons must be included on the summons before the defendant is served. The plaintiff has 120 days from the date of purchase of the index number to serve the summons and complaint or summons with notice on the defendant (CPLR 306-b).

As an alternative to filing a summons and complaint, you may file a summons with notice to commence a civil action. The summons with notice contains the same information as the summons, but it requires a brief description of the nature of the case and the relief being sought. Thus, the summons with notice is not accompanied by a complaint.

Generally, a complaint (and all other documents submitted to this court) must be typed or legibly printed in English, black ink, double-spaced, using 8 ½ by 11 inch (letter-sized) paper, and using one side of the paper only. The papers should be stapled or securely bound (CPLR 2101). For specific rules regarding the format and content of the complaint and other documents, consult Article 30 of the Civil Practice Law and Rules.

The court has the authority to grant many different forms of relief. For example, the court can order a defendant to pay a sum of money, called damages, to the plaintiff to compensate for any injuries sustained. The court can also provide injunctive relief by ordering the defendant to act or refrain from acting in a particular way. In an action seeking declaratory relief, the court determines the rights of each party in a dispute.

The complaint provides details of the plaintiff’s claim(s) against the defendant(s). It must describe the legal basis for each claim by stating the elements of each cause of action, how the defendant’s behavior or inaction caused harm, and what compensation plaintiff is entitled to receive. The facts should be recited clearly, concisely, and chronologically, providing specific dates and places. Lastly, your complaint should conclude with a paragraph describing all of the forms of relief you are seeking from the court. In certain actions, such as matrimonial cases, the complaint must contain a verification–that is, the plaintiff must swear to the truth of the allegations contained in the complaint. The rules regarding verifications are explained in Section 3020 of the Civil Practice Law and Rules.

The summons must contain the following information: the name of the court; the caption box containing the names of the parties; the index number assigned by the court; the date the summons is filed with the County Clerk’s Office; the name, address, and telephone number of the plaintiff or his/her attorney; and the name and address of the defendant(s).

Generally, you may commence a civil action in this court to obtain money damages or some other form of relief from a private person or entity (i.e., a corporation) whose actions have resulted in a violation of your rights. The action is commenced when the party alleging harm (plaintiff) files either a summons and complaint or a summons with notice with the court. The summons invokes the jurisdiction of the court and provides notice to the alleged wrongdoer (defendant) of the reason why he is being sued. Accordingly, the summons MUST be served with either a complaint or a short explanation (“notice”) describing the nature of the action and the relief being sought. Service on the defendant must be made within 120 days of filing and obtaining an index number from the County Clerk.

An order to show cause with a temporary restraining order and an affidavit of emergency together with a notarized affidavit in support must be filed with the court. If granted, all parties must be served with the court papers and must appear on the date selected by the judge. The judge will make a determination after hearing from both parties.

A verified petition with notice of petition, or order to show cause must be filed in the Supreme Court. The filing fees are $210.00 for the index number and $95.00 for the request for judicial intervention unless the fees are waived by the court, pursuant to a poor person order. The petition must include a copy of the agency’s final determination which the petitioner is appealing.

If you were born within the five boroughs of New York City, contact the Department of Health and Mental Hygiene, Office of Vital Records at 212-639-9675. Applications are available at the NYC Dept. of Health and Mental Hygiene at 125 Worth Street, Room 133. If you were born in New York but outside of New York City, contact the Department of Health, Vital Records Section, Correction Unit at 518-474-5018. If you were born outside of New York, contact the vital statistics office in the State or area where you were born.

A verified answer must be filed with the court and served on all parties within the statutory time to respond to a complaint pursuant to the Civil Practice Law and Rules. A motion is answered by filing and serving on the court and parties appearing in the action, a notarized affidavit in opposition, or cross-motion within the statutory time pursuant to the Civil Practice Law and Rules.

A motion or order to show cause with an affidavit in support must be filed with notice in the court where the judgment was entered and served on all parties in the action pursuant to the Civil Practice Law and Rules. A copy of the judgment or lien must be included in the papers being submitted.

To vacate a default judgment in a consumer debt case you can use the courts' Do-It-Yourself (DIY) Form Program. It is a free and easy program that makes papers that help you tell a judge why you missed your court date or didn’t answer a summons and complaint in a consumer debt case.

The authority to regulate and discipline lawyers in New York State is vested in the Appellate Divisions of the NYS Supreme Court. Each Appellate Division has one or more attorney grievance committees and each will accept and investigate written complaints.

The court does not provide counsel in civil actions, nor can they recommend a particular attorney or law firm. The bar associations do provide referrals depending on the kind of action for which the litigant is seeking representation. You can search for an attorney on CourtHelp.

If both you and your spouse agree to a divorce – this includes all other issues, such as child support, custody and visitation, and marital assets – you may be able to get an uncontested divorce. Instruction books and form books for Uncontested Divorces are available in the Supreme Court, Civil Term. You can also use the court’s free and easy Uncontested Divorce Do-It-Yourself (DIY) Program to create your uncontested divorce paperwork. Please note, there are no preprinted forms for a separation agreement. The agreement is drawn up by the parties themselves or their attorney, then signed and acknowledged (signed in front of a notary). A separation agreement is not valid unless it is signed and acknowledged by both sides.

If the other person does not want a divorce or disagrees with you about certain issues, your divorce will be contested. For more information, visit the court’s Divorce Resources page and the Kings Supreme Court Matrimonial page.

Copies of divorces are obtained in the County Clerk’s Office in the county where the divorce was granted. Only the parties or their attorney may view the court file or obtain a copy of the divorce. Please note there are fees for printing and copying the original divorce decree. Photo identification is also required.

To get started you can use the Supreme Court Adult Name Change Petition Program to change your name. The adult name change form is used to ask (or “petition”) the NY State Supreme Court to change your name. The petition (court paper) may be filed in the Supreme Court in the county where the person lives. If your name change is granted by the Court, you must publish your new name in the newspaper within 20 days of the Judge's signing of the order. You then have to file proof of publication from the newspaper in the County Clerk's Office. New York City residents can use the New York City Civil Court Adult Name Change Petition Program on the NYC Civil Court website. The filing fee in New York City Civil Court is much less.

The Final Accounting is a true and full account of all money and property of the Incapacitated Person that have come into your hands as Guardian, the disbursements you have made and the balance in the Guardianship accounts. This account generally runs from the last judicially approved Annual Accounting. A motion is required to judicially approve this accounting. After the Final Account is approved, an order is filed with the Court with an affidavit that you have fully complied with the Court's direction in the Order settling the Final Account.

You must inform the Court and the Court Examiner in writing within 30 days, supply a copy of the Death Certificate and file an Ex-Parte Order requesting permission to file a Final Accounting of the Proceeding.

The Annual Accounting is a verified and sworn statement, due each year during the month of May. This accounting describes the condition of the Incapacitated Person, the measures you have taken to provide for the personal needs and a true and full account of the assets marshaled, income collected and disbursements you have made. This report is filed in the County Clerk, Room 122A.

The Initial Report is a verified statement to the Court that you have completed the course, filed your bond, received your commission, and contains a description of the date, time and place of your visits with the Incapacitated Person. It also sets forth the provisions for medical or related services, as well as social and personal services, applications for benefits, and a true and full account of all of the Incapacitated Person's assets that you have marshaled. This report is filed in the County Clerk, Room 122A.

The name, address, and telephone number of the Court Examiner can be found in the Order and Judgment that appointed you the Guardian.

View a list of upcoming approved courses or contact your local bar association.

The Oath is a sworn statement that you are a citizen of the U.S.A. and at least 18 years of age, and you will faithfully and honestly discharge your duties as Guardian. The designation is part of the same form and directs the County Clerk to accept service of papers for you if after due diligence you cannot be found or served within New York State. The Commission is an acknowledgment of your appointment which enables you to marshal the Incapacitated Persons assets and provide for their personal needs.

Sample Forms:

Commission to Guardian

Oath & Designation

Refer to your Yellow Pages or Law Journal for a surety company. It is approved in the Guardianship Office (Room 285) and then filed with the County Clerk and Clerk of the Court, Room 122A.

You may get a referral from your local Bar Association.

A Guardianship Proceeding is commenced by the filing of an Order to Show Cause, Notice of Proceeding, and Petition. They must be filed in the form and manner described in Article 81 of the Mental Hygiene Law. Sample forms are available in the Guardianship Office, Room 285.

If the appointee is seeking compensation, the last page of the form should be signed and dated. The number of pages in the form will vary depending on the number of prior appointments that the appointee is required to list.

If the appointee is not seeking compensation, the appointee should sign where indicated on Page 2 of the form. The last page of the form should not be signed in this instance.

No. If the original appointee is not subject to the Part 36 Rules, then anyone they engage to perform services is not subject to the Part 36 Rules. However, compensation for any individuals retained must be approved by the assigned judge.

No. Family members and individuals who are nominated by family or friends of the alleged incapacitated person to serve as guardians are exempt from the Part 36 filing requirements.

No. Each appointment has a separate Notice of Appointment number assigned to it so that the appointment may be tracked in the fiduciary database.

They are to an extent. A referee in a foreclosure case whose compensation is not anticipated to exceed $750.00 is exempt from the filing requirements. (Please note that any compensation received pursuant to such an appointment does count towards the annual compensation cap of $75,000.00 whether it is subject to the filing requirements or not.) If the compensation of a referee in a foreclosure action will exceed $750.00, the Notice of Appointment forms must be signed on the last page and returned to the Fiduciary Clerk before compensation will be approved. A referee appointed in a guardianship case to review the final account is not subject to the Part 36 Rules regardless of the amount of compensation awarded. This is considered a quasi-judicial appointment.

Yes. Appointees who earn in excess of $75,000.00 in a calendar year will not be eligible to accept new appointments in the following year. Appointees can continue to serve and earn compensation on the cases on which they have already been appointed. Compensation that counts against the yearly cap will be considered as of the date it was approved by the judge, not by the date that the appointee actually receives payment. No appointee is eligible to receive more than one appointment within a calendar year for which the anticipated compensation to be awarded in any calendar year exceeds $15,000.00. Please note that keeping track of total compensation for a calendar year is the responsibility of the appointee.

If your Order to Show Cause did not include a 'stay' paragraph, you will not get a stay. If your OSC did include a stay paragraph, unless the Judge wrote the reason on the papers, you may want to contact the Judge's chambers for the answer to your question.

Please click on the left menu tab labeled Help Center for additional assistance. You can also go to the Kings Supreme Court Help Center located in Room 123 to get more information and/or papers on how to proceed with a lawsuit.

Please refer to the Phone Directory on the left menu tab.

We cannot help you fill out your papers; please fill them out the best that you can.

The fee for an index number is $210.00, for a Request for Judicial Intervention $95.00 and the motion fee is $45.00.

No, we do not conform over the telephone.

We cannot speak for the Judge; unless the reason is written on your application, you may want to contact the Judge's staff.

You may pick up a copy in person at the Ex-Parte's Office or you may download a copy of it online through E-courts.

The Ex-Parte Office will process your application and send it to the Judge, usually by the next day. Once your papers are reviewed and/or signed by the Judge, they will be sent back to the office. Although a specific time cannot be provided for the return of the papers, most of the time, they are returned within two to three days.

If the papers that you want to file consist of an Order to Show Cause or an Ex-Parte application, submit those papers on the 10th Floor, North.

In the broadest sense, the ADA requires that the court system be accessible to people with disabilities and give them an equal opportunity to participate.  Where necessary, the court system must make reasonable modifications to the usual way it does things, as long as doing so doesn’t fundamentally alter the nature of the court’s services, programs, or activities. The court system also must take the steps necessary to effectively communicate with a person with a communication disability.   An accommodation is anything the court system can do or provide to make sure that a person with a disability has an equal opportunity to participate in a court proceeding or make use of the court’s services, programs, and activities.

Yes, those that have not appeared should be included in the data collection tool.   When you are filling out the close-out reason for those cases where the person didn’t show, select “never showed/no contact made” as the close-out reason. 

Yes, if the person is under your supervision and “contact” or “placement” is required, please include them in the data collection tool.

Feel free to email: [email protected] with suggestions. However, we can’t make any changes to the current tool after distribution. We will keep them in mind for the following year.

If a person’s supervision continues into another year, do not enter a close out date and leave that field blank. Only enter a close out date when the case is closed.

At the end of the year, OCA will send a survey form to collect the aggregate data for all supervised cases to your agency’s generic mailbox. Please monitor this regularly as all communication will be sent to the generic email you provided to us.

Each new case that’s placed under supervision should be entered into the data collection tool. So if one individual has multiple cases that have been placed under supervision, either in the same county or different counties, each case should be counted separately.  

You are only required to annually report on those that are placed under the supervision of the pretrial service agency. 

Please fill out the data collection tool as best as possible. You may also select “Other” as an option where available.

For questions about the report or procedures please email: [email protected]

You may select “Unknown” in the dropdown selection.

All cases continuing supervision by your agency in 2021 should be entered or copied over to the new spreadsheet. It’s okay if they are counted in both years as long as they are being supervised in both years.

Columns highlighted in pink are locked because they contain formulas that calculate from other columns. These columns will automatically calculate and do not require data entry.

You are only required to annually report on those that are placed under the supervision of your pretrial service agency. 

The data collection is always available on the Office of Court Research Public Website along with an instructional video and a PDF of the instructions.

The data collection tool is an excel spreadsheet built by OCA to assist agencies in collecting all of the required data points to be compliant with section 510.45, subdivision 5-A-G of the bail law. 

Once an eligible list is established, Appointments and Systems Management is responsible for the list. Candidates may direct inquiries regarding rank number, score, or add or change their location preferences or provide an updated email address, phone number or other contact information to [email protected].

Once an eligible list is established, Appointments and Systems Management Office is responsible for the list. Candidates may direct inquiries regarding rank number, score, or add or change their location preferences or provide an updated email address, phone number or other contact information to [email protected].

Applicants select a location preference electronically to identify locations where they would be willing to work.

Job Opportunities by District

Candidates are contacted in rank order when positions in their preferred locations become available. Candidates will be sent an Availability Inquiry form when reachable on the eligible list.

The court system does not pay relocation costs.

Eligible lists are generally active for four years and may be extended for one additional year. Consistent with civil service rules, passing candidates will be canvassed in rank order when there is a vacancy to be filled.

Test-takers who pass a competitive exam and meet the minimum qualifications for the position are placed on an eligible list based on the final test performance score (final test scores are adjusted by applicable veterans and/or seniority credits) in rank order.

An eligible list is used to hire candidates based on court staffing needs and candidates' rank order and location preferences.  To fill vacancies, the eligible list is canvassed to determine candidates' interest in working for specific courts or locations.  Hiring is conducted from the canvassed list in rank order. 

After a competitive exam is administered, the exam results are analyzed and a passing score is established. Test-takers who pass a competitive exam and meet the minimum qualifications for the position are placed on an eligible list based on final test performance score (final test scores are adjusted by applicable veterans and/or seniority credits) in rank order. Test-takers with identical exam scores are assigned unique rank numbers but are considered equivalent for canvassing and selection purposes.

Step 1: Candidates who pass a competitive exam and meet the minimum qualifications of the position are placed on an eligible list based on their final test performance score in rank order. Final test performance scores are adjusted by applicable veterans and/or seniority credits (promotional exams only).

Step 2: Eligible candidates are contacted for an interview (or further processing for the Court Officer-Trainee title) in rank order when their preferred work locations become available.

Step 3: Interview selection process for competitive examinations follows Rules of the Chief Judge Part 25 allowing a panel of court managers to appoint one of the top three scoring candidates of those willing to accept the appointment to a position in a specific work location from the Eligible List.

Time frame to hire from the eligible lists varies based on location, the number of positions approved to fill and title requirements (e.g., additional title-specific screening). Eligible candidates will be interviewed as part of the selection process. 

Interview selection processes follows Section 61 of the Civil Service Law ‘One-in-Three Rule’ allowing a panel of court managers to appoint one of the top three scoring candidates from the Eligible List (exception: Court Officer-Trainee is a multi-phase selection process).

Depending on the exam, at a minimum, it takes approximately seven to nine months after the written competitive exam to get your test results and rank number. Once the eligible list is established, exam results with test score and rank number will be sent to all test-takers via email. 

Applicants are emailed Results Notices generally four to six months after the exam date. Please add [email protected] to your address book to ensure receipt of all email correspondence regarding exams and results.

Submit the online examination application during the open-filing period if you can. Scan your active duty orders to [email protected]. In your e-mail, please let us know when you believe you will be available for testing. Note that once you are separated from active duty, please advise us within 30 days that you are available for testing.

Exams are typically between 2 to 4 hours long.  Refer to details in the exam announcements for more information.

Exams are administered statewide at computerized test centers. When scheduling exams, applicants are able to select local test centers.  

Qualifications for each exam vary. Refer to exam announcement for information about minimum qualifications to take the exam.

A non-refundable, non-transferable $30.00 filing fee plus a non-refundable credit/debit card service fee of 2.99% (90 cents) is charged for all open-competitive exams. Payment is by credit card or pre-paid credit/debit card.

You may be eligible for a fee waiver if you are a full-time student, OR if you or your immediate family are on public assistance, OR if you are unemployed. You may apply for a fee waiver at the payment portion of the application. Employees of the NYS Unified Court System are not required to submit a filing fee.

During the exam application process, test-takers will be able to request reasonable accommodations. 

Applicants must state what kind of test accommodation(s) they are requesting and submit documentation from a qualified professional supporting the request for reasonable accommodation(s).

Exam schedules and information on the application process and minimum qualifications are available on the Exams page. Exam applications must be submitted via the website within the period stated on the exam announcement. An e-mail address and credit or debit card are required for successful submission. Separate applications must be submitted for each exam if an applicant is applying to more than one exam. For example, if you are applying to take both the Court Clerk and Senior Court Clerk Exams you must file two applications.

Exams are typically announced three to six months prior to the scheduled exam dates. To take an exam, applicants must submit an application during the stated open filing period. The filing period is typically four weeks long.

The NYS Court System offers comprehensive benefits and competitive compensation. 

1st year staring salaries for 2025 for entry-level, open-competitive positions and promotional titles are as follows:

• JG-12 Pay Scale: $46,269 (Clerical Assistant)
• JG-14 Pay Scale: $51,923 (Law Library Clerk)
• JG-16 Pay Scale: $58,100 (NYS Court Officer - Trainee, Court Revenue Assistant, Court Assistant, Supervising Clerical Assistant I, Law Library Assistant)
• JG-18 Pay Scale: $64,971 (Supervising Clerical Assistant II)
• JG-20 Pay Scale: $72,191 (Spanish Court Interpreter, NYS Court Officer - Sergeant, Law Librarian, Court Clerk)
• JG-22 Pay Scale: $80,247 (Senior Court Clerk, NYS Court Officer - Lieutenant)
• JG-24 Pay Scale: $89,338 (Senior Law Librarian, Associate Court Clerk, Associate Surrogate's Court Clerk)
• JG-26 Pay Scale: $99,490 (Principal Court Clerk, Principal Surrogate's Court Clerk)
• JG-27 Pay Scale: $105,116 (Senior Court Reporter)

Location pay is $4,920 for those working in NYC, Nassau, Suffolk, Rockland and Westchester counties. Location pay is $2,460 for those working in Orange, Dutchess, and Putnam counties.

2024 Per Diem Court Interpreter daily rates:

• $220 half day (up to 4 hours)
• $385 full day

Exams are categorized as open-competitive, promotional or both (open-competitive and promotional).

Open-Competitive Exams: Open to all qualified applicants, including members of the public and court system employees.

Promotional Exams: Limited to New York State Unified Court System employees as a path to advance through a job series.

Some exams are open to the public and court system employees. Separate eligibility lists are created for current competitive employees and the public. Hiring preference is given to court employees from competitive titles who took the exam.

Exams are usually administered every four years but may be accelerated or deferred based on the operational needs of the court system. Exams are offered statewide.

Exams are usually administered every 2-4 years, but may be accelerated or deferred based on the operational needs of the court system. Exams are offered statewide.

109 Mary Street, Suite 1111
Herkimer, NY 13350
Phone: (315) 867-1129
Fax: (315) 866-4396

175 Arsenal St.
Watertown, NY 13601
Phone: (315) 785-3081
Fax: (315) 785-5048

7660 N. State Street
Lowville, NY 13367
Phone: (315) 376-5333
Fax: (315) 376-3768

46 E. Bridge St.
Owego, NY 13126
Phone: (315) 349-8621
Fax: (315) 349-8383

County Office Bldg.
800 Park Ave
Utica, NY 13501
Phone: (315) 798-5776
Fax: (315) 798-6440

401 Montgomery Street
Syracuse, NY 13202
(315) 435-2226

[email protected]

Civil service exams are offered in 22 competitive titles including court security titles, court operations titles (e.g., Court Assistant, Spanish Court Interpreter, Senior Court Reporter), and clerical titles (e.g., Clerical Assistant). Employees in these titles work in courtrooms and support offices performing a variety of functions associated with processing criminal, civil, family and probate matters.

For a list of exams that are currently accepting applications, please visit Exams - Open for Filing.

• Contact the Commissioner of Jurors for your county:

Get County Jury Info

• For questions or comments about your service, please include your juror index number.  It is on your questionnaire or summons right next to a bar code.
• For general comments you may email [email protected] or call 1-800-NYJUROR [1-800-695-8767].

The 4 Federal District Courts in New York State excuse jurors who have prior service within the last 2 years, if provided with proof. However, to be eligible for this exemption, a juror must have performed at least one day of jury service at a Courthouse. If your service was limited to telephone standby you are not excused from federal court service. For specific information about each court’s practices go to Jury Information for Federal Courts in New York State.

A person who serves in a State or Federal court in New York—either by reporting in person or by being available to serve via a telephone call-in system—normally is not eligible to serve again in the New York State courts for at least six years. A juror who serves for more than ten days normally is not eligible to serve again in the New York State courts for at least eight years. Jurors who physically report to serve in Town and Village courts are eligible to serve again in six years. Just because a person is eligible to serve does not mean they will be called.

Jury duty, like paying taxes, is mandatory. Skipping jury duty can result in civil or criminal penalties. In addition, anyone who skips jury service will be assigned a new date for future jury service.

Jurors must be at least 18 years old. There is no upper age limit. If you believe that you cannot serve for an age-related reason, contact your local Commissioner of Jurors Office to discuss possible accommodations or excusal. Your local Commissioner can also advise if any, or what type of, documentation is required for excusal.

Excusals are granted at the discretion of the Commissioner of Jurors and may require documentation. Contact your local Jury Office for more information.

Get County Jury Info

Contact your local Commissioner of Jurors. Find contact information by scrolling down at “Select County” in the box on the left menu.

Get County Jury Info

Four to six weeks.

The jury fee is $72 per day. If service extends beyond 30 days the court may authorize an additional $6 per day per juror. The fee is paid by the State or the employer depending on (1) the day of service and (2) the size of employer. Employers’ jury fee obligations are explained below. For help figuring out how the rules apply to your individual circumstances, you can use the chart “Who Pays Your Jury Fee?” The Commissioner of Jurors will collect the Social Security number from any juror who is likely to be paid $2000 or more in jury fees.

Jurors who do not sit on a jury trial may serve for as little as 1–2 days. However, even if not needed for a trial, a juror may be asked to be available or on call for up to five days. Those who are selected to serve on a jury are required to serve on only one trial. The judge informs the jurors how long the trial is expected to last. Length of service on a grand jury may vary from two weeks to a month or more. For more information about service as a grand juror see the Unified Court System’s “Grand Juror’s Handbook.”

You can postpone your service once online or by calling 800-449-2819 at least one week before your date of service. Have your juror index number (from your summons) with you when you call. Pick a date between 2 and 6 months from the date on your summons and you will be assigned the available date closest to your choice. Any future request for postponement or excusal must be made by contacting your local commissioner of juror's office.

If you cannot serve even if granted a postponement, you may contact your local commissioner of juror's office and ask to be excused from service. The commissioner may ask you to provide documentary proof of the reasons why you need to be excused.

The court provides services or aids to reasonably accommodate jurors with disabilities. Aids that are generally available for hearing impaired people include assistive listening devices, sign language interpreters, and “real-time” captioning of court proceedings. Courts may also be able to provide a reader for visually impaired jurors. A juror who has a mobility impairment and is sent to a courtroom with access problems may be reassigned to a different location that has better access. TDD users can call the relay service at 1-800-662-1220 to place the call. Some courts may have a TDD or TTY in the Clerk’s office. Access questions or requests for assistance should be addressed to a jury commissioner, court clerk or judge.

There are no automatic exemptions or excuses from jury service in New York State. Everyone who is eligible must serve. You are eligible to serve as a juror in New York State if you are:
1) a United States citizen,
2) at least 18 years old, and
3) a resident of the county to which you are summoned to serve.

In addition, jurors must

4) be able to understand and communicate in the English
language, and
5) not have been convicted of a felony

Potential jurors are randomly selected from lists of registered voters, holders of drivers’ licenses or ID’s issued by the Division of Motor Vehicles, New York State income tax filers, recipients of unemployment insurance or family assistance, and from volunteers.

The litigants cannot pick a mediator or arbitrator. Mediators and arbitrators are provided by the court directly or through the EAC Network. A small claims arbitrator will be assigned to your case based on availability.

Alternate Dispute Resolution is free to litigants.

Language assistance is provided by the court interpreter upon request or if it appears that a litigant is having a language access issue.

Name: Name: Mary Mahoney
Title: Principal Court Clerk
Address: 1st/5th District Court Ronkonkoma 3105 Veterans Memorial Highway Ronkonkoma, NY 11779
Phone: (631)381-6017
Email: [email protected]

At the first appearance on the case.

If both parties agree that a third party would be helpful in resolving the dispute, the parties should make a request to the judge, JHO or other mediator overseeing the conference, mediation or arbitration.

The court is not permitted to assign an attorney in your case. If you would like legal assistance please visit the community resources section of the Suffolk County Courts website for a list of possible resources.

Any party without representation may attend and request and adjournment to confer with an attorney.

The litigant or the litigant’s attorney with full settlement authority can attend ADR settlement conferences, arbitrations and mediation.

• Any other civil matters seeking monetary damages of $6,000 or less are handled by a combination of arbitrators, JHO or judges depending on the district court where your proceeding is filed. For questions about your specific case, please contact the district court at ADR clerk. Mary Mahoney, Principal Court Clerk, 1st/5th District Court Ronkonkoma, 3105 Veterans Memorial Highway, Ronkonkoma, NY 11779. She can also be reached by phone at (631)381-6017 or email at [email protected].
• Small claims/Commercial claims seeking damages of $5,000 or less- mediators are provided by EAC Network, a not-for-profit, on a volunteer basis in the court to handle all cases on a specific court date (roster members) initially with the hope of settlement, if not settled, they are then referred to an Arbitrator (private attorneys) assigned by the court.
• Landlord Tenant- the presiding judge oversees the settlement conferences.

Yes. A litigant may request a settlement conference at any point in the proceedings.

All litigants are notified of their court dates by the court. Once the litigant arrives for his or her court appearance, in person or virtually, the litigant is directed by the court to arbitration or mediation that is on site at the court facility.

• No-Fault and Other Civil Matters-
  • All other civil matters where no single cause of action exceeds damages of $6,000 are automatically designated for Arbitration are generally heard by JHO.
  • Matters in which no single cause of action exceeds $6,000 and is for monetary only damages will be heard by a Court Appointed Referee.
  • Matters filed in the 5th District court are handled on submissions and decided by the JHO or Court Attorney Referee. No appearance is required.
• Small Claims- These matters are heard by mediators (roster members) initially with the hope of settlement, if not settled, they are then referred back to the Arbitrators (private attorneys) for determination. They also may be referred to an arbitration part to be heard by a court attorney referee on consent of two attorneys handling the matter.
• Landlord Tenant. Matter is presided over by the judge handling the case.

Yes, if your case falls into any of the categories below:

• Small claims/Commercial claims seeking damages of $5,000 or less
• Any other civil matters seeking monetary damages of $6,000 or less

All litigants in landlord tenant, small claims, commercial claims and other civil cases with monetary damages of $6,000 or less are placed on an alternate dispute resolution track.

The parties are directed to mediation or arbitration upon arrival at the courthouse or at the first appearance before the judge.

• Arbitration is mandated on all no-fault and any other civil district court matter where the monetary damages are $6,000 or less for each cause of action. No-fault cases are mandated to arbitration Part 28 and heard by a Court Appointed Referee. The process for arbitration and mediation varies depending on the type of case before the court. In the 1st district court, arbitration is conducted by the Judicial Hearing Officer (“JHO”) upon paper submissions by the parties in No Fault matters.
• Small Claims and commercial claims of $5,000 or less are sent to a mediator on consent before the hearing by the arbitrator. If a case is not settled by mediation, it is returned to the arbitrator. It is either heard and decided at that time or adjourned to a date certain.
• Landlord tenant matters are directed to settlement conference at the initial appearance at which both parties are present.

The Court of Claims has jurisdiction over the State of New York as well as certain authorities that are sued under their own name. The court does not have jurisdiction over any individuals, including State employees, although claims may be maintained against the State based on allegedly wrongful conduct of employees for which the State is responsible under the legal principle of respondeat superior. Generally, State agencies do not have a legal existence separate from that of the State, and thus where a claim is based on alleged improper conduct of, for example, the Department of Transportation or the Department of Correctional Services, the named defendant should be "The State of New York."

Certain public authorities, which are considered to have a distinct legal existence, are sued in the Court of Claims under their own names. These include the New York State Thruway Authority, the City University of New York, the Roswell Park Cancer Institute Corporation, the Olympic Regional Development Authority and the Power Authority of the State of New York (for appropriations claims only). Other public authorities, such as the Dormitory Authority, are sued in Supreme Court pursuant to the procedure set forth in the General Municipal Law. One must always check the legislation that establishes a particular authority, often found in Public Authorities Law, when trying to determine whether the Court of Claims or the Supreme Court is the appropriate forum. Note that the Court of Claims Act governs procedure in the Court of Claims while the General Municipal Law sets forth the steps that must be followed to sue a governmental entity in Supreme Court. With the exception of actions against Roswell Park Cancer Institute Coproration sounding in tort or wrongful death, the General Municipal Law has no application in the Court of Claims.

The Court of Claims has no jurisdiction over lawsuits involving county, town, city or village governments, agencies or employees. These governmental entities are all distinct from the State, and litigation against them is governed by the provisions of the General Municipal Law. For example, the Court of Claims typically has no jurisdiction over causes of action accruing at city or county correctional facilities, such as Rikers Island or any county jail, no jurisdiction over claims of negligent road maintenance involving county or town owned roads, and no jurisdiction over "premises liability" suits accruing in county or locally owned governmental buildings.

One common factor between suits against the State in the Court of Claims and suits against a local government in the Supreme Court is that action must be taken in both cases within a short period of time (typically 90 days, for tort claims). Thus, prompt and careful investigation to determine the appropriate defendant is essential.

Qualified staff and trained mediators provided by EAC - Long Island Dispute Resolution Center.

No, mediators and appointments are selected based upon availability.

The service is free.

Language shall not be a barrier to participation in the program. At a minimum, forms or handouts shall be available in Spanish, staff interpreters shall be made available for all mediation sessions as needed and per diem or video access to interpreting services for other languages shall be made available.

Name: General Clerk’s Office
Address: 400 Carleton Avenue Central Islip, NY 11722
Phone: (631) 740-3770
Email: [email protected]

Presumptive ADR is referred immediately when eligible petition is filed. However, Judges may refer cases to ADR, if eligible, at any time in a proceeding.

Yes, if the case is not resolved during the session, the mediator may adjourn for an additional session if it is determined that the parties are close to a settlement.

The mediation space is physically located in the fourth-floor conference room of Suffolk County Family Court. However, due to Covid-19 safety concerns, all mediations are taking place virtually. You will be contacted by mediation staff to set up the mediation by phone or computer.

Once in the mediation, the mediator shall explain the process to the parties and provide forms necessary for Confidentiality Waiver & Agreement and/or Memos of Understanding and/or Parenting Agreements. ADR sessions will not be recorded. ADR sessions will be scheduled for 1-hour intervals on Tuesdays & Thursdays. ADR engages 6-7 sets of parties per day in session.

The Engagement and Resolution Part will be staffed by a mediation trained, experienced law clerk, social worker or court attorney.

No, all cases are presumptively assigned to ADR. Only complex cases and matters involving abuse and neglect are excluded.

Petitioners represented by or petitions submitted by attorneys shall not be precluded from participation.

The petitioner will be provided a copy of petition and summons to serve and a Mediation FAQ explaining the process to respondent. In addition, the clerk’s office will mail a copy of the petition, summons and letter to respondent explaining that the case is being referred for dispute resolution.

Yes, if you have filed a new petition (petitioner) or another party has filed a new petition against you (respondent) requesting custody or visitation of children.

New original Custody and Visitation petitions are presumed eligible for ADR.

ADR Coordinator indicated above.

The court may impose sanctions on the offending party or attorney for failure to attend a mediation session.

Each mediation session is one and a half hours. For good cause shown, and in the mediator’s discretion, the mediation can continue for an additional one-and-a-half-hour session.

The litigants can participate in a mediation session with an in-house mediator at no cost. The litigants can also participate in a mediation session with a mediator from the roster. The mediators from the roster are compensated at the rate of $300 an hour after the first three hours free.

Access to interpreter is available to parties who mediate with an in-house mediator upon request to the ADR Coordinator.

Parties in the litigation are required to attend. Attorneys are encouraged to participate in mediation with their clients. In addition, any other persons may attend upon agreement of the parties. Person under a disability pursuant to Surrogate Court Procedure Act (“SCPA”) 103(40) and who is represented by a guardian ad litem appointed by Surrogate’s Court is not required to attend.

Parties are required to attend in person absent a showing of hardship. However, due to the COVID-19 pandemic, the participants can only participate remotely by Skype for Business Platform.

Currently, our group of mediators is comprised of three in-house court attorneys in Surrogate’s Court. The program will be expanded to include a roster of private attorneys who meet the qualification and training as required by Part 146 of the Rules of the Chief Administrative Judge. The expansion is currently on hold due to the Covid-19 health crisis.

Yes, a litigant may request mediation. The request can be made in writing or orally. Written requests can be emailed to [email protected]. Given that the Program is presumptive, the litigant does not need to make the request in most cases.

In accordance with court policy, no party will be required to mediate if participation could jeopardize a person’s health or safety; a party may be a victim of physical, emotional or other abuse by another party; there is a substantial imbalance of power between parties; or for other reason for good cause shown. Cases involving the Public Administrator are exempt.

The court will issue an Order of Reference to the attorneys and unrepresented litigants. The Order of Reference will specify the date of the scheduled mediation and a control date to return to court to report on the status of the case.

The court will inform the litigant that their case is being assigned to mediation by a written order called the Order of Reference.

If the case is not resolved at the early settlement conference, the parties will be referred to mediation as soon as practicable at the discretion of the court. Unless deemed by the court to be ineligible, the parties shall proceed to one of three mediation options:

1. Mediation with an in-house mediator (court attorney)

2. Mediation by a mediator assigned from the Roster (currently suspended due to COVID-19)

3. Mediation by a mutually agreed upon mediator

The in-house mediator shall not be the same member of the Surrogate’s Court Law Department with whom an early settlement conference was held.

An Early Settlement Conference is a conference to discuss settlement with a member of the Surrogate’s Court’s Law Department (court attorney). This conference lasts up to one hour. The counsel for the parties, or if a party is representing themselves, pro se, then the pro se party must attend. In the event the parties are represented by counsel, the parties shall be available to participate in this conference remotely. (Participation by parties is currently suspended due to COVID-19)

Contested proceedings in Surrogate’s Court are screened for referral to the Program. After issue has joined (or the proceeding is contested), an early settlement conference is held with a court attorney. If the matter is not resolved at the early settlement conference, the matter will then proceed to mediation. Cases involving the Public Administrator are exempt from referral to mediation.

Potential jurors are randomly selected from lists of registered voters, holders of drivers’ licenses or ID’s issued by the Division of Motor Vehicles, New York State income tax filers, recipients of unemployment insurance or family assistance, and from volunteers.

Our mediation roster is comprised of Court Attorney Referees, Court Attorneys, retired Judges, retired Court Attorney Referees and experienced matrimonial and Family Law Clerks

Matthew M. Deedy, Esq., Supervising Court Attorney and program Coordinator.
Carol MacKenzie, JHO.
Susan Pierini, Esq., Court Attorney Referee.
Mary Buetow, Esq., Court Attorney Referee.
James Winkler, Esq.
Margaret Carlo, Esq.
Cynthia Vargas, Esq.

There is no cost to the parties for participating in the Suffolk County Matrimonial Mediation Program.

Currently, we employ two Spanish speaking mediators.  In addition, upon proper notice, language interpreters are available to the Suffolk County Matrimonial Mediation Program.

Contact Emily Faux our Matrimonial Mediation Center’s Administrative Assistant at (631) 740-3777 or [email protected]

Upon the request of a party, the assigned Matrimonial Justice will consider the appointment of Assigned Counsel or an Attorney for the Children.

N/A

Yes, provided all agree. Program Mediators are flexible if others are asked by the parties to participate in the sessions and that participation does not hamper the mediation.

During a neutral evaluation and experienced neutral will meet with the parties and their attorneys to discuss the strengths and weaknesses of their case and attempt the parties resolve their matter before trial.

The Mediator makes an opening statement. Following the statement, the parties control the individual session length, the topics discussed and the duration of the mediation. At any point, a party may request a short break to confer with his or her attorney or request an adjournment of the session to confer with his or her attorney outside the mediation center.

The Mediator does not have any decision-making authority over the parties, which also includes whether the parties’ attorneys participate in the program.

Both the parties and their attorneys may attend the mediation sessions. While the Matrimonial Mediation Program welcomes attorney participation, it is entirely left to the parties’ discretion whether to have their attorney participate in any of the scheduled sessions. Each party is free to make their own decision to have their attorney attend or not. Notwithstanding the foregoing, in certain instances, the Mediation Center may require the attendance of each party’s attorney at the mediation session.

In all neutral evaluation sessions, the attendance of each party and their respective attorney is required.

Our program is set up to offer in person mediation sessions. However, under certain circumstances, such as the disability or illness of a party or an out-of-state litigant, we do have the ability to offer virtual ADR sessions using the TEAMS platform.

The parties and their attorneys receive an Order of Reference from their assigned judge, which provides among other things the date and time for their initial session. The parties and their attorneys choose the initial session date and time with the Court before the Order of Reference is issued.

The assigned Matrimonial Justice will issue an Order of Reference to the Matrimonial Mediation Program.

Our Mediation roster is comprised of Court Attorney Referees, Court Attorneys, retired judges, retired court Attorney Referees. Our mediation roster is comprised of a Supervising Court Attorney, Court Attorney Referees, a JHO and experienced matrimonial practitioners.  In the past, our roster included experienced retired court attorneys and judges as well.

Parties may be referred at any time but one of the goals of the Presumptive ADR Program is to refer cases earlier rather than later in order to limit financial and emotional costs and reduce backlog. This means that your case could be referred to the Matrimonial Mediation Program at the preliminary conference or before extensive discovery takes place. Regarding neutral evaluations however, the note of issue needed to be filed, and a trial scheduled before such a referral is typically made by the justice presiding over your case.

No, the Suffolk County Matrimonial Mediation Program is a presumptive ADR program. All contested matrimonial actions are eligible for mediation services except those cases involving child abuse or neglect (as defined in Family Court Act § 1012(e) and (f) and Social Services Law § 412), domestic violence, or a severe power imbalance between the parties.

You will be informed by the court of whether your case is appropriate for ADR services. In instances where a case is appropriate for ADR, the case will be scheduled for an initial mediation or neutral evaluation session during your court conference by the justice presiding over your case in consultation with you and/or your attorney.

If you have a contested matrimonial action filed in Suffolk County and assigned to a Matrimonial Part, as this is a presumptive mediation program, it is likely that your case is appropriate for mediation services.

Yes, a litigant may request that his or her matrimonial action be referred to the mediation program, however, the program is presumptive. In most cases, a litigant should not need to make the request.

Typically, the assigned Matrimonial Justice informs the parties whether he or she is referring the case to our mediation program at the preliminary conference. However, the judge may decide to withhold the case from the program at the initial appearance but may send a case later in the action if it appears mediation is appropriate later.

Regarding neutral evaluations, the Judge will inform the parties and their attorneys of such a referral, to provide the parties with an additional opportunity to resolve their matter in ADR.

As a presumptive mediation program, most contested matrimonial actions are eligible for referral to the Matrimonial Mediation Program, with the exception of those cases involving child abuse or neglect (as defined in Family Court Act § 1012(e) and (f) and Social Services Law § 412), domestic violence, or a severe power imbalance between the parties.

Counsel for both sides must attend. Plaintiffs in personal injury actions are expected to be available by phone. Defendant’s insurance claim representatives, where applicable, also must be available by phone.

After a case is selected for ADR, the Neutral Evaluation is scheduled with an ADR Neutral and an IAS Judge. Neutral Evaluation Sessions are traditionally held in person, although some may be scheduled by video conferences, depending on the needs of the court.

Judges, retired judges, Judicial Hearing Officers (JHO), court attorneys and court-selected retired litigators meet with the parties to work towards case settlement.

Not all cases qualify for the ADR Program; however, other cases are referred for settlement conference at an early stage in the litigation process.

The Supreme Court of Suffolk County has long maintained a Commercial Roster of Neutrals, that are available upon request for any parties and/or their attorneys involved in a Commercial Matter.  Upon request, the parties are free to select any of the mediators listed on our Roster of Neutrals.  After the parties select a mutually agreed upon mediator, the assigned judge will issue a referral order to said selected Mediator.

Litigants cannot pick the Judge, JHO, court attorney or other trained Neutral assigned to their case. Cases are assigned and conferenced based on the date that the parties are available. The assigned judge, JHO, court attorney or other trained Neutral available to handle the cases assigned for that day becomes the Neutral assigned to work towards settlement. The assigned Neutral may continue to work with the parties until the case is settled or it is determined that a resolution cannot be reached. This process may take up to several conferences. Every member of the Neutral Evaluation team has many years' experience with personal injury and commercial cases and is well qualified to work with litigants through their counsel.

For commercial cases only, please see the link to the Roster of Commercial Neutrals that are also available to mediate commercial and commercial type cases. 2020 ROSTER_OF_NEUTRALS- commercial.pdf

N/A.

Supreme Court ADR is free to litigants.

Interpreter services are available to all litigants needing language access assistance.

The court attorney present at the at the case screening or

Name: Oliver Raymond Voorhees, III, Esq. (Ray)
Title: Court Attorney-Referee, Civil ADR Coordinator 
Address: 1 Court Street, Riverhead, NY 11901
Phone: (631) 852-2400
Email: [email protected] 

To locate your ADR appearance information with a link to conference, please refer to NYSCEF and look for your Notification from Court documents, which should be available two weeks ahead of the session date. However, if you are unable to obtain the information through NYSCEF,

Call our ADR Clerical Staff
Phone (631) 852-2400 or (631) 852-3010

The parties are directed to ADR via an ADR PC Order uploaded to NYSCEF which sets forth the ADR conference date and discovery to be exchanged before the conference.

Participants in Civil matters are generally represented by counsel. If a party needs to take a break or request an adjournment to confer with counsel, or counsel needs to request a break to confer with a client, an adjournment or break will be granted.

Yes, ADR is available for Civil cases. If a case is not automatically placed in ADR, an attorney can make a written or oral request to be considered for ADR at any time in their proceedings. It is important to remember that every case selected for ADR is offered an opportunity for early settlement either as part of the ADR program or before the IAS judge.

The Civil cases are screened after the filing of a request for PC. Clients are informed of their participation in the program by their counsel.

Case types referred to this program consist of Civil matters, such as motor vehicle accidents, slip and fall accidents, contract disputes, and consumer credit matters.

If you are a litigant in an action, you are encouraged to hire an attorney to represent your interest. However, the court is not empowered to assign representation in these categories of civil cases.

All parties in personal injury and commercial cases are represented by counsel. Your attorney should inform you of the process and the steps required. In addition, once an action is selected for the ADR program, the parties are given an ADR Preliminary Conference Order and a date for the exchange of limited discovery, as well as a date to appear for the initial Neutral Evaluation. After the Judge signs the order specifying the dates for discovery and Neutral Evaluation session, a copy of the order is uploaded into the e-file system and publicly available for review.

Parties are referred to ADR in the beginning of the case. Once the complaint is filed and a request for preliminary conference is made to the court, the case is screened for ADR at the time of the preliminary conference. 

Every personal injury and commercial type case is screened for ADR.

See the Guide to Small Claims & Commercial Small Claims.

See the "How to Start a Small Claims Case" seminar at Videos, Publications and Community Seminars.

See Videos, Publications and Community Seminars.

If you have received an execution based on a small claims or commercial claims judgment, or if your salary has been garnished, or your bank account frozen, you may request that the case be reopened. See Vacating a Default Judgment to learn more.

See Collecting the Judgment.

See Appeals: Obtaining the Transcript of the Trial.

See Appeals.

See Trial: The Decision.

See Trial.

See Appearing in Court: Choosing a Judge or Arbitrator.

See Starting a Case: Where to Sue.

See Starting a Case in NYC Small Claims Court: Starting the Case.

See Starting a Case: Preparing for Court.

See Subpoenas.

See Subpoenas.

See Adjournments.

See Vacating a Judgment.

See Help Center Services.

For addresses, directions and hours: Find your court on the NYC Civil Courts by County page.

For phone numbers: Find your court on the Court Directory.

See NYC Civil Court Fees.

It is best to pay bail at the correctional facility where the person is being held; however, bail may be paid at any of the following correctional facilities. For further information on inmates, bail, visiting hours, and travel directions call (718) 546-0700.

Bronx House of Detention
653 River Avenue, Bronx, NY 10451

Brooklyn House of Detention
275 Atlantic Avenue, Brooklyn, NY 11201

Manhattan House of Detention (The Tombs)
125 White Street, New York, NY 10013

Queens House of Detention
126-02 82nd Avenue, Queens, NY 11415

Riker's Island
11-11 Hazen Avenue, East Elmhurst, NY 11370

A defendant can be released from the courtroom, if you post bail when the person actually appears before the court. Notify the court clerk of your intention to pay bail. The clerk will direct you to the cashier's office in that county.

We suggest that you file your report by the deadline with as much information as you have. You will be able to file an amended report when you have all the information. That way, you may avoid being called back into Court for failure to comply.

If it is preferable for co-guardians to hand in one report. However, if you are co- guardian of either person or property and your co-guardian does not seem to be doing his or her report, you should complete and file your report. If co-guardians hand in one report, both will need to have a notarized signature page.

You need to request your fees in the annual account and you must include an affidavit detailing (1) the nature of the services you provided to your ward and (2) the amount of time involved. (This is called an Affidavit of Services). Any compensation that is awarded will be specified in the Order approving the account. Then and only then can you pay yourself.

If there are funds in the guardianship account, they can be used to pay the court examiner. However, the amount will be specified in the Order approving the annual accounting.

No, you still should file an Annual Report each year and send a copy to the Court Examiner.

Yes. However, if the amount of money — the size of the "estate" — that the guardian is handling is small, the Court Examiners will review your Report every year but may report to the court every other year. Therefore, you should keep your original records for several years at least. Counties have different rules so please check with the guardianship office.

After your Report/Accounting is finalized with your testimony, the Court Examiner will conclude his/her own review and submit his/her Report to the court about your Report/Annual. When the Judge issues his/her Order regarding the Court Examiner’s Report, the Court Examiner will send you a copy of that Order.

You will receive a copy of the Order approving the report. This means that you have 10 days, or until the date shown in the "Notice of Settlement" to object to the proposed Order and Report. If you don't object, then the Judge can sign and approve the Account on that date. Judge cannot sign the Order prior to the return date shown on the Notice of Settlement. This gives you an opportunity to read the papers and respond. Also, when the Order is signed, the Court Examiner will send you a copy. You do not have to go to court on the “Notice of Settlement” date.

Testimony is the process, either in person or in writing, by which the Court Examiners use to confirm that the information that you have given them is correct.

Do not attach any bank statements (copies or originals) to the original report that you file with the Guardianship Department. Court Examiners will need the originals but may differ as to when they want to have them. It is best to check with your particular one. Some like it attached to the report; others want you to wait until you give testimony.

While the court order usually says that the petitioner’s attorney has to send all the documents to the Court Examiner, the guardian is required to cooperate with the Court Examiner as well. So you may have to provide some of the documentation.

The name and contact information for the Court Examiner assigned to your case will be in the Order and Judgment. There is a chance that it has changed. Call the name listed to make sure that it is current. If it has changed, you can check with the Guardianship Department 516-571-2938 for information on the current Court Examiner.

That information should be in your court order. The original needs to be filed with the Guardianship Department. Be sure to have your signature notarized and include the index number on anything that you file. It is very important that you send a copy to the court examiner. If the IP is residing in a nursing home, copies also should go to the Administrator or Director of the facility. If the IP resides in a psychiatric facility, send a copy to Mental Hygiene Legal Services. If there is a Supplemental Needs Trust and the guardianship involves medicaid, send a copy to the office of the medicaid provider in that county.

Yes, they refer to the same thing and can be used interchangeably. Since one of the purposes of the annual report is to account for the money, Court Examiners often refer to it as an Annual Account.

When you give your original report to the Guardianship Department they will log it into the system. This is called "filing" your report. In Nassau County, the address is: Guardianship Department, Supreme Court Building, Room 152, 100 Supreme Court Drive, Mineola, NY 11501.

While you should note requested changes in the annual report, the law in 81.31(e) states that the requests must be made within 10 days of the filing of the report. Since there are specific requirements about who must be informed, and if you do not have a lawyer working with you, you may contact the Court Examiner or the law clerk to the Judge to see how any proposed change(s) might be handled.

Check with your court examiner. If you write clearly and legibly, most examiners will accept your report. If you expect to submit a handwritten report, it is advisable to make several copies of the form so that you can gather all the information on a draft before preparing a final version.

Technically, no. But for those who would like to see what the law says, the section that pertains to annual accounts is § 81.31.

See the Small Property Owner Licensee Holdover Petition DIY (Do-It-Yourself) Program.

See Starting a Roommate Holdover Case.

See Judgments in Nonpayment Cases: Non-Military Affidavit.

See the NYC Marshals List | nyc.gov.

See Appearing on an HP Case: Tenant Initiated Action.

See Starting a Holdover Case: Predicate Notices.

See Starting a Nonpayment Case: The Demand for Rent.

See Emergency Access and Repairs: Landlords.

See Fact Sheets.

See Answering a Case: Inspection Request.

See Answering a Case: Traverse Hearing.

See Illegal Lock-Outs.

See Applications to Waive Court Fees.

See Judges.

See Appeals: Obtaining the Transcript of Trial.

See Appeals.

See Subpoenas.

See Subpoenas.

See Adjournments.

See Vacating a Default Judgment.

See Representing Yourself in NYC Housing Court.

For addresses, directions and hours: Find your court on the NYC Civil Courts by County page.

For phone numbers: Find your court on the Court Directory.

See Housing Court Fees.

Court staff may direct your case to mediation immediately, or parties may request that their case be resolved by mediation at the time of the court date. If you are interested in resolving your dispute through mediation, inform the clerk in the courtroom in which your case is scheduled to be heard.

For more information, email [email protected].

No. Although some mediators might also be trained as lawyers, they cannot give legal advice or tell you how you should proceed. If you need legal information, visit the court’s Resource Center and ask to meet with a Resource Center Court Attorney (also known as the “Pro Se Attorney”).

The mediators are neutral, experienced volunteers who have undergone specialized training in dispute resolution.

No. Evidence is not required in mediation, but it is helpful to bring relevant documents, such as payment receipts, contracts, letters, statements from creditors, or other items that might assist in resolving the dispute.

No. Parties do not need to have lawyers or witnesses present in a mediation, which is a less formal process than a traditional court proceeding. Parties are encouraged to speak for themselves and to come up with their own solutions.

Nevertheless, although lawyers are not necessary, they are welcome to participate in the mediation and to assist in creative problem-solving.

No. If you do not reach an actual agreement in mediation, the case is sent back to the judge for trial or further proceedings.

• Mediation is voluntary – any settlement reached must be agreeable to all parties.
• Mediation is confidential.
• Mediation is free.
• Mediation is informal – the rules of evidence which govern trials do not apply.
• Mediation is empowering – parties create their own solutions and determine their own futures.

Mediation is a free, voluntary, and confidential process that allows parties to create their own solutions to the problems that brought them before the court.

The mediator, a professionally-trained neutral, sits with the parties, listens to each side, clarifies the parties’ interests and needs, and explores mutually acceptable solutions. The mediator will not decide who was right or wrong in the past, but will help parties focus on the future to resolve their dispute.

If the parties reach an agreement through the mediation process, the written result, often called a stipulation, is reviewed by a judge. After the judge approves the stipulation, it becomes an enforceable order of the court.

For more information, see Guardian Ad Litem Program.

The GAL’s work ends when your court case is over and everything you and your landlord agreed to do in the settlement agreement is completed.

Before the GALs work on your case ends, the GAL must:

• Make sure the landlord completes any needed repairs (if the case involves repairs), or
• Apply and follow-up with the Department of Social Services (DSS) or charities to get help to pay any rent owed, or
• Take any steps needed to make sure that you can follow through with your court agreement.

• Let someone into your apartment without your permission.
• Sign papers for you to get past-due social benefits from government agencies.
• Make agreements on your behalf to:
  • (1) remove pet(s) from your apartment, or
  • (2) stop family member(s) from staying in
    your apartment.

No. The GAL is only responsible for helping you resolve your Housing Court case.

Yes. While a GAL must consider your wishes before making a recommendation to the judge, the GAL may believe that your wishes are not in your best interest. As a result, the GAL may recommend a solution you do not agree with. It is important that you tell the judge why you disagree with the GAL’s recommendation. The judge will make the final decision.

You have the right to tell the judge if the GAL does not do what they are directed to do, in the order appointing them as your GAL. The judge has the power to tell the GAL what to do and to remove a GAL from their appointment, if appropriate.

• Meet with you, either in court or at your home, if you cannot come to court.
• Speak with you about your case and learn what you would like to happen with your case.
• Find out whether you have any legal defenses or whether you may qualify for any social service benefits that may help solve your case.
• Recommend a solution to the judge that considers your wishes and is in your best interest.
• Tell the judge if you agree or disagree with the solution they recommend, so that the judge knows how you feel.

No. When a judge appoints a GAL, it is because they have determined that a person needs help to defend their rights and protect their interests in their housing court case.

Tell the Judge why you do not think you need a GAL.

A GAL may be appointed if the landlord or tenant asks for one. The judge may also appoint a GAL if they determine one is needed.

GALs advocate for the person they are appointed to help. This includes going to court, getting help from agencies that offer services the person needs, and trying to work out an agreement with the landlord that protects the person’s rights. GAL powers are limited and end when the case ends.

A Guardian Ad Litem (GAL) is someone the judge appoints, to help a person who cannot protect their rights due to a mental impairment.

See Accessibility (ADA).

See Transcript of Judgment.

See Representing Yourself in NYC Civil Court.

See Entering Judgments: Non-Military Affidavit.

See Applications to Waive Court Fees.

See Appeals: Obtaining the Transcript of the Trial.

See Appeals.

See Subpoenas.

See Subpoenas.

See Vacating a Default Judgment.

See Vacating a Default Judgment.

See Adjournments.

See Vacating a Default Judgment.

For addresses, directions and hours: Find your court on the Courts by County page.

For phone numbers: Find your court on the Court Directory.

See Court Fees.

See Court Fees.

See Starting a Case: Issuance of the Summons.

See Starting a Case: Where to Sue.

Judges, Court Attorney Referees, Judicial Hearing Officers, Law Clerks, Court Attorneys, private attorneys, Court Roster Mediators and CDRCs.

Mediators on the Court Roster have agreed to provide the first 90-120 minutes of mediation free of charge. Some mediation providers may offer additional, free mediation services to qualifying families, while others may offer a sliding fee scale. Community Dispute Resolution Centers (CDRCs) may charge a nominal (small) administrative fee but are, in many instances, free of charge.

Yes. Please review the Surrogate’s ADR Rules. 

The Unified Court System is committed to ensuring language access in our courts. This commitment extends to our ADR initiative. Where one of the parties or a participant in the mediation has limited ability to hear or proficiency in communicating in English the party, participant, or counsel for the party may contact the ADR Coordinator for assistance securing an interpreter or other required service.

If you have questions, please contact the Surrogate’s Court ADR Coordinator, Denise Colón, Esq. MSW at [email protected] .

The Court will provide the parties with a written Court Order (sometimes referred to as an “Order of Reference”) which will inform them of the Court’s referral to ADR.

Parties may be referred to ADR at any stage during the proceeding. However, one of the goals of presumptive ADR is to refer cases as early as practicable to limit the financial and emotional costs of litigation. As such, a case could be referred to ADR during a preliminary conference or before extensive discovery takes place. Each court makes this determination based on the case type and the resources available.

Some forms of ADR may only involve the attorneys. If the people involved in the case wish to participate in ADR or the court asks them to take part, they will always be allowed to bring their attorney.

People can always ask to stop the ADR session so they have time to talk to an attorney.

ADR can be very flexible and customized. So as long as everyone agrees, there are many ways that other people, who are not parties in the case or the attorney could also be invited to join in an ADR session.

Parties have a right to have an attorney present with them during mediation but it is not required. Attorneys are strongly encouraged to prepare clients for mediation sessions and assist with drafting agreements. Parties do not need to agree to anything in mediation without first speaking with an attorney.

You may seek the services of a Community Dispute Resolution Center (CDRC), which offers free and low-cost mediation. There is a CDRC for every county in New York State. They can mediate court cases, as well as disputes that are not in court. Many CDRCs offer virtual mediation. If a court refers your case to mediation, consult first with the referring court about your options: in some courts and in some case types, mediation services may be free of charge. 

Get more information on your local CDRC.

• Live a drug and crime free life
• Rebuild ties with family and the community
• Obtain a GED/Continue with education
• Develop job skills or learn a trade
• Have assistance in locating appropriate housing and transportation
• Feel a sense of purpose and well being

One particularly unique and vital component of the Veterans Court is the mentorship program. Fellow veterans work closely with the court to help the veterans with readjustment to civilian life. Most importantly, mentors assist the veteran participant in a way that only veterans can. The foundation of the mentoring program is the belief that behind every successful person there is someone somewhere who cared about their growth and development. This person was their mentor.

At regular status hearings, treatment plans and other conditions are periodically reviewed for appropriateness, incentives are offered to reward adherence to court conditions and sanctions for non-adherence are administered.

Eligible veterans voluntarily agree to participate in a judicially supervised treatment plan that a team of court staff, veteran health care professionals from the Northport VA, veteran peer mentors and alcohol and drug health care professionals develop. If the defendant successfully completes treatment, the charges will be reduced or dismissed depending on the agreement between the District Attorney's Office, the Defense Attorney and the Judge. If the defendant fails to complete the program by his own wishes or is asked to leave for non-compliance then the court will impose the jail sentence that was agreed upon.

A unique aspect of the Veterans Court is its willingness to help veterans suffering from substance abuse and/or mental health issues. Veterans are identified through a specialized screening of their prior criminal history, military service record and a psychological evaluation. If the treatment team determines that a defendant is eligible for treatment, a recommendation will be made to the judge. If a defendant wishes to participate, they must plead guilty and the judge will defer the sentencing until treatment is completed.

This office does not handle weddings. Marriage licenses are obtained from the Marriage License Bureau of the City Clerk. They also can tell you how to arrange for a civil ceremony. Contact the Queens Marriage License Bureau, 120-55 Queens Blvd., Kew Gardens, NY (718-286-2829).

If you were divorced and wish to remarry, the Marriage License Bureau may request a copy of your divorce, which can be obtained from the County Clerk of the county where the divorce took place.

If you want to hire a lawyer, you can go to courthelp for help in finding a lawyer or get a recommendation from friends or relatives who have gotten divorced. You should get someone who specializes in matrimonial law. Information as to a client’s rights and a client’s responsibilities is available on this website. Your new lawyer must file a notice of appearance with the court and notify the other side that he or she will be representing you.

If you decide to be represented by a lawyer, your lawyer will speak for you and will file all papers for you. If you decide to represent yourself, you will speak for yourself and file papers for yourself. You must either represent yourself or be represented by an attorney: you cannot do both.

If you have a lawyer and want to discharge him, you must do so in writing and also notify the court and the other side. If you wish to change lawyers, again it must be done in writing with notification of both the court and the other side. Usually these changes are made by the signing of a consent to change attorney.

If you have a lawyer and he or she wants to stop representing you, the lawyer usually must apply to the court for permission.

If the divorce is uncontested or if the defendant has defaulted, the plaintiff must file a note of issue and related papers by submitting them to the Matrimonial Office in Room 140 with the required fee. There is a list of required papers available to assist you when filing an note of issue in an uncontested divorce.

If the case is contested, either the plaintiff or the defendant can file a request for preliminary conference.

If either the plaintiff or the defendant needs to have the court order some sort of interim relief while the case is pending, the request is made by filing a motion, either a notice of motion or an order to show cause. In a divorce case, some examples of interim relief include a request for temporary custody, visitation or child support, a request for an order of protection or a request for an order which prohibits the other side from selling or otherwise dispose of marital property. If one of the parties is making a motion, a preliminary conference will also be scheduled automatically.

If you are the plaintiff in an uncontested divorce, the postcard that was submitted with your papers will be sent out to you or your attorney after the judgment is signed and entered by the County Clerk. You can also check the status of your case online through e-courts.

Copies of divorce judgments or other orders in divorce cases are obtained form the County Clerk. Please note that divorce records are not open to public inspection and copies of documents can only be obtained by one of the parties or an attorney who is representing one of the parties.

If you know you were divorced in New York some time ago, but cannot remember in which county, you can try contacting the County Clerk of the county you were living in at the time of the divorce or the County Clerk in neighboring counties. If you are unsuccessful, you can also try getting a divorce certificate from the New York State Department of Health, which charges a fee for this service.

You must decide if you wish to contest the divorce or not. If you were served with a Summons and Verified Complaint, you have twenty (20) days in which to answer. If you are served with a Summons With Notice, you can demand the complaint, and your time to answer is extended until 20 days after you are served with the Verified Complaint.

You may wish to consult with an attorney. If you need information about how to answer, contact the Office of the Self-Represented. If you do nothing, the divorce action can proceed without your input.

To find out if a divorce action has been started in Queens County, contact the Queens County Clerk. Usually the divorce action is filed in the county where at least one of the spouses lives, but it can be filed in any county. Before a divorce is signed, the plaintiff must submit proof that the defendant was served with a copy of the papers which started the action.

If you think that your spouse may have started a divorce action in another county, you would have to contact the County Clerk of that county for information. If you think your spouse may have started a divorce in another state, you would have to contact the courts in that state.

An action (case) for divorce begins when either spouse buys an index number at the County Clerk’s office and files a Summons With Notice or Summons and Verified Complaint. The person who starts the divorce is the plaintiff, and the other spouse is the defendant. After the action for divorce is started, the next step is to have the defendant personally served with an exact copy of the papers which were filed with the county clerk.

If both you and your spouse agree to a divorce – this includes all other issues, such as child support, custody and visitation and marital assets – it is called an “uncontested divorce.”  You can get and complete the papers for an uncontested divorce by using the court’s Uncontested Divorce Do-It Yourself (DIY) Program, picking up the papers from the Queens Supreme Court Help Center, or printing them from the Court's Forms Search.

If the other person does not want a divorce or disagrees with you about certain issues your divorce will be contested. Instruction books and form books for contested Divorces are available on the court’s Forms Search and in the Supreme Court, Civil Term in all boroughs. For more information visit the court’s Divorce Resources page.

The filing fees include $210.00 for the index number and $125.00 for the note of issue. A fee of $45 is charged for each motion filed. If you are filing a contested divorce the cost can be higher depending on how much motion practice will be involved. You may represent yourself in your divorce action or you can be represented by a lawyer. Please be aware that court staff cannot act as your counsel, provide legal advice or suggestions. Court staff can provide all litigants with Procedural Information.

If cash bail was posted, a check is generated by the Department of Finance 6-8 weeks after the disposition of the case. If you do not receive a check in 8 weeks you can contact the Department of Finance at 212-291-4899. If a bail bond was posted a certificate of disposition is needed and submitted to the bail bondsman. Certificates of disposition are available from the Correspondence Unit located in room 714.

The Queens Law Library is located in room 722 and the hours are from 9:00 AM to 4:30 PM.

Contact the Queens County Clerk’s office at 718-262-7223.

• If you were convicted of a misdemeanor or if you were convicted of a felony but served no time in state prison:
• You must apply for your Certificate(s) of Relief to the court in which you were convicted. The application is available in room 710.
• For additional information go to the Department of Corrections and Community Supervision

Criminal history searches are done through the Office of Court Administration. You can contact them at the following website, address or phone number.

New York State Office of Court Administration
Office of Administrative Services
Criminal History Search
25 Beaver Street Room 840
New York, NY 10004
212-428-2943
Criminal History Record Search

A certificate of disposition, may be obtained in person at the Court, Room E121 for a fee of $10.00.
In order to obtain a Certificate of Disposition by mail, send a U.S. Postal money order or a bank check in the amount of $10.00 made payable to SNY Supreme Court Queens County.

Send it to:

Queens Supreme Court
125-01 Queens Blvd.
Kew Gardens, NY 11415
Attn: Correspondence Unit - Room E121

Please include the indictment number, Defendant’s name and a return address. Allow 7 to 10 business days for a response.

Contact the court by writing to:

Queens Supreme Court
125-01 Queens Blvd.
Kew Gardens, NY 11415
Attn: Correspondence Unit - Room E121

You can also call our Correspondence unit at 718-298-1319 for any additional inquiries.

Make an application to the Judge hearing your case.

Contact the Motion Clerk's Office in Room 710 or call 718-298-1457.

Contact your attorney, and/or report to Court the next business day.

Contact the Principal Court Reporter at 718-298-1381. When requesting a copy of the transcript or minutes, you should have the defendant’s name, Indictment number, Superior Court Information(SCI) number or Special Proceeding(SP) number, Court Part, name of the Judge and date of the proceeding.

If the case is pending you should contact your attorney. If the case is finished, you should go to the Record Room in Room 710.

Contact your attorney.

Contact the Record Room in Room 710. The phone number is 718-298-1400.

By subway, take the E or the F train to the Union Turnpike station. The courthouse is located two blocks south on Queens Boulevard.

See the Court home page for map directions.

Parking

Public transportation is recommended. There are private parking lots available, with limited space, on the west side of Queens Boulevard.

The Q10, Q37, Q46 and Q60 run within walking distance of the courthouse. For additional information go to: http://web.mta.info/maps/ or see the Queens County Supreme Court, Criminal Term home page for map directions.

Normal hours are 9:00 a.m. to 5:00 p.m. Monday through Friday.

125-01 Queens Boulevard Kew Gardens, NY 11415. See the Court home page for directions.

Supreme Court - New York County - Criminal Term

1. Take the Writ and Verified Petition to 60 Centre Street, New York County - Supreme Court - Civil Term. Purchase an index number from the County Clerk's Office, Room 141B. NO WRIT WILL BE ACCEPTED WITHOUT AN INDEX NUMBER. The Legal Aid Society does not have to pay the required fee, but must demonstrate to the County Clerk that the defendant is represented by the Society.
2. Take the Writ to the Ex-Parte Motion Part at 60 Centre Street, Room 315 (3rd floor). Submit the Writ and Verified Petition to the clerk. The Writ MUST be signed by a Civil Term Supreme Court Judge assigned to this Ex-Parte Motion Part. The Writ must also be recorded in the Ex-Parte Motion Part.
3. If it is necessary for the Writ to be returnable the same day it is signed, PRIOR to going to the Ex-Parte Motion Part at 60 Centre Street, you must obtain permission from the Judge assigned to the Grand Jury Part (generally Part 60 or Part 70) at Supreme Court - Criminal Term, 100 Centre Street. Both Parts 60 and 70 are located on the 11th floor. Once you have permission to add this matter to the calendar, you must return to the Ex-Parte Motion Part at 60 Centre Street, Room 315, as described above. You must tell the clerk to make the Writ returnable on that day. You may be asked to add in handwriting to the Writ that you have already obtained permission for it to be returnable the same day.
4. You must serve a copy of the Writ and Verified Petition on the Office of the District Attorney, 1 Hogan Place , 7th floor.
5. Take the signed original Writ and Petition with proof of service on the District Attorney's Office to the motion clerk at Supreme Court, 100 Centre Street, Room 1000 (10th floor). DO NOT take the Writ directly to the court part.
6. The motion clerk will docket the Writ and add it to the appropriate court calendar.
7. If you wish the defendant to be produced before the court on the day the Writ is returnable, you must serve the Department of Corrections with the Writ after it is served on the District Attorney's Office. A defendant cannot be produced for a Writ made returnable the same day it is signed. If the defendant's production is waived, there is no need to serve the Writ on the Department of Corrections.
8. After the Writ is heard, if you wish to obtain a certified copy of the Judge's decision on the Writ, ask the part clerk to return the Writ to the motion clerk. A certified copy can then be obtained from the clerk in Room 1000. The Appellate Division requires a certified copy of the Court's decision on a Writ in order to file an appeal.

Appellate Division Procedure

1. Agree with the Assistant District Attorney to an expedited briefing schedule for the appeal. If there is no agreement, both the defense attorney and the Assistant District Attorney must go to the Appellate Division at 27 Madison Avenue at 25th Street, New York City, to obtain a court ordered expedited schedule.
2. To file an appeal, the following must be provided to the Appellate Division:
   • A Stipulation of Expedited Briefing schedule
   • Two Notes of Issue
   • A Brief on Appeal, including a Rule 5531 statement
   • A Record on Appeal, under separate cover, including a certification of accuracy (Rule (?) 2105)
   • A Request for oral argument
   • An affidavit of Service of all the above documents on the District Attorney's Office

Post judgment motions must first be served on the New York County District Attorney's Office, located at One Hogan Place, New York, N Y 10013, then filed with the Motion Support Unit of the Supreme Court located at 100 Centre Street, Room 1007, New York, NY 10013, 646-386-3860.

A notice of appeal must be served within 30 days of sentence on the New York County District Attorney's office, located at One Hogan Place, New York, N.Y 10013, and filed within 30 days of the sentence with the Appeals Bureau of the Supreme Court, located at 100 Centre Street, Room 1201, New York, NY 10013, 646-386-3932. If applicable, attached to the notice of appeal should be a request for poor person relief which states that the appellant cannot afford to hire an attorney due to insufficient income and assets. Forms to request poor person relief and profile statements are available in the Appeals Bureau at the above location. For more information, defendants should refer to the written notice of their right to appeal, received from their trial attorney after the pronouncement of sentence.

Contact the Legal Action Center, 153 Waverly Place, New York, NY 10014, 212-243-1313. A copy of their manual "How to Get and Clean Up Your New York Rap Sheet" will tell you all you need to know to correct rap sheet mistakes. There is no cost for this service.

The Office of Court Administration has a procedure for providing electronic searches of criminal history records upon request. New York County is one of 13 counties for which a search is available. Searches in New York County go back as far as 1976. The search fee is $95 per name, per county. Applications may be filed in person weekdays 9:30 a.m. to 4:30 p.m. at:

NYS Office of Court Administration
Office of Administrative Services
Criminal History Record Search
25 Beaver Street (Room 840-Front Counter)
New York, NY 10004

To receive an application or for more information, call 212-428-2810.

If you wish to obtain a copy of your own criminal history record, you may also contact one of the following:

1) Legal Action Center
225 Varick Street, 4th Floor
New York, NY, 10014
212-243-1313

Appointments to get copies of Criminal History Reports (rap sheets) can be made Mon-Fri 9 a.m.-5 p.m. They do not take walk-in's. You must make an appointment with the Rap Sheet Coordinator. 

2) Police Headquarters
One Police Plaza (between Avenue of the Finest and Madison Street)
Room 152-A
New York, NY 10002
212-374-5541

A request should be made for an "Albany Package." There is a $15 fee for fingerprinting (money orders only). It is the responsibility of the person requesting the "rap sheet" to send the fingerprints, the form provided in the "Albany Package", and a money order for $25 for the processing fee to Albany.

If you are the defendant on a sealed case, you may have access to your own records upon presentation of a picture I.D. to a clerk in the Central Clerk's Office, located at 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000. Anyone other than the defendant must get an unsealing order signed by a Supreme Court judge. By statute, unsealing orders are available only under certain circumstances.

You will need a copy of your Property Clerk's Receipt, a release from the District Attorney's office, and a certificate of disposition from the Central Clerk's Office, 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000. These items must be taken to the NYC Police Department's Property Clerk's Office, located at Police Headquarters, One Police Plaza, Room S-20, Avenue of the Finest and Madison Street, where vouchered property can be retrieved. To get there, take the 4, 5, or 6 train to the Brooklyn Bridge Station or the M15 bus to St. James Place and Pearl Street.

For more information, go to the following web site: http://www.nyc.gov/. Under "Jump to City Agency Web sites," select "Police." Then use the "Search" and type in "property clerk."

If a case results in an acquittal, dismissal, or Youthful Offender (Y.O.) adjudication, the records are automatically sealed at the time of the disposition. There is a provision for the sealing of certain convictions after 10 years pursuant to CPL 160.59.
CourtHelp - Sealed Criminal Records

To obtain a certificate of disposition, bring the following information to the Central Clerk's Office, 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000.

1. Indictment or SCI number.
2. Defendant's full name.
3. Defendant's date of birth.

If you are the defendant on a sealed case, you must bring a picture I.D. If requesting a disposition for a defendant who has a sealed case, you must submit a notarized letter from the defendant giving permission to release the disposition. Certificates of disposition cost $10.

Certificates of Disposition are also available through the mail. Send a $10 certified check or money order together with the information listed above to:

CAP Unit
100 Centre Street
Room 1001
New York, NY 10013

The Central Clerk's Office maintains files from 2014 to the present. In addition, all sealed files from 1990 to the present are on the premises. It is necessary to have the indictment number for the particular file you are requesting. The indictment number should be listed on any document or communication from the court. The indictment number can also be obtained if you know the date and part in which the case was on the court's calendar. Contact the Central Clerk’s Office, Room 1000, New York, NY 10013, in person or telephone 646-386-4000, or the court part in which the proceeding took place.

To order a file not on-site, contact the Central Clerk's Office at the above telephone number. Requests are submitted each Monday to our storage facility and files are delivered on Thursday of each week.

To request a transcript of court minutes, you must have the following information:

1. The defendant's name and/or the indictment number.
2. Date(s) of the proceeding.
3. The court part and/or the court reporter's name.

If you do not know the name of the court reporter or his/her phone number, you can call the Central Court Reporters' office at 646-386-4400 to find out. The name of the court reporter for each court appearance can also be found on the court file, which is generally in the court part where the case is pending. If the case is concluded, the court file is in the Central Clerk's Office, 100 Centre Street, Room 1000, New York, NY 10013 646-386-4000. You can also call the Central Clerks' Office to find the name of the court reporter. Requests for transcripts must be made directly to the court reporter who recorded the proceedings in question. Court reporters are entitled to a fee for the minutes they transcribe. The amount of the fee depends on how quickly the transcript is needed and the length of the proceeding.

The current rates are as follows:

• Regular delivery (more than two weeks) - $3.30 - $4.30 per page.
• Expedited delivery (within two weeks) - $4.40 - $5.40 per page.
• Daily delivery (same day) - $5.50 - $6.50 per page.

Be advised that if a defendant is appealing a judgment and has been granted poor person relief by the Appellate Division, all pertinent minutes will be provided by the court reporter to the Appellate Division free of charge to the defendant. Application for poor person relief by a defendant who has filed a notice of appeal must be made directly to the Appellate Division, First Department, at 27 Madison Avenue, New York, NY 10010, 212-340-0400. Forms to request poor person relief are available in the Appeals Bureau of the Supreme Court, located at 100 Centre Street, Room 1201, New York, NY 10013, 646-386-3932.

Contact the court part where your case is pending or the Central Clerks' Office, 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000 to find out if you have been given a new date to appear. If you have not and a warrant for your arrest has been issued, contact your attorney and appear in court as soon as possible.

COURTROOM DIRECTORY

Alphabetical lists of defendants are posted daily in the lobby of 100 Centre Street, New York, NY 10013, in the Central Clerk's Office at 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000, and in the Clerk's Office at 111 Centre Street, Room 927, New York, NY 10013 646-386-4300. In addition, each court part has a calendar listing cases to be called in the part that day. If the defendant's name does not appear in either place, ask for assistance at one of the offices listed above.

Another way to find out where your case is pending is by going to E-Courts. Click on WebCriminal and select Defendant Name. Enter the first and last name. Select New York Supreme Criminal Court and click Search. The indictment number, court part as well as the date are provided.

Fines, mandatory surcharges, and crime victim assistance fees are payable in the Central Clerks' Office, 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000. Acceptable forms of payment are certified checks, teller's checks, money orders or cash. All payments must be made in the exact amount due. If both a fine and a surcharge were imposed, the fine must be paid first. Separate checks or money orders are required for fines and surcharge payments.

A bail remission motion is a request for a refund of bail money that was forfeited. Application must be made within one (1) year from date of forfeiture before the Administrative Judge of Supreme Court, New County. In all applications for the remission of bail forfeitures, please be advised of the
following:

1. All applications for the remission of bail will be litigated. The court will not consider any papers until the District Attorney's Office has had an opportunity to respond.
2. A County Clerk's Index Number must be purchased and the number endorsed on all moving papers. Index numbers are purchased at 60 Centre Street, Room 141B, New York, NY 10007. The fee is $210.
3. All applications for remission must include proof that copies of the papers were served upon the Civil Litigation Unit within the General Counsel’s Office of the District Attorney's Office, 80 Centre Place, Room 402, New York, NY 10013, email address is [email protected] that the District Attorney has been given the statutory five days notice. All applications must be made within one year after forfeiture. The Court must deny any request to waive this requirement whether or not the District Attorney consents.
4. The attorney's affidavit must contain facts as to the criminal offense, its disposition, if any, the posting of bail, the date of the forfeiture, any stays of the proceeding when the defendant was absent, facts regarding the defendant's return to custody, the date of the entry of judgment (for bonds only), a statement that no more than one year has elapsed since the forfeiture and a statement that the rights of the People have not been prejudiced. The affidavit must also include a statement as to whether any previous application for similar relief has been made and the results thereof. If this is a renewed application, it must specify in detail any new facts.
5. Supporting affidavits(s) must be based on the affiant's own personal knowledge; hearsay affidavits are of no value. Any substantiating documentation to support the motion (doctor's note, hospital records, etc.) may be included but do not replace a supporting affidavit based upon personal knowledge.
6. All motions are returnable to the Motion Support Unit, 100 Centre Street, Room 1010, New York, NY 10013 646-386-3860. The bail remission motion together with the response and the court file are then sent to the administrative Judge for decision. There is no set time limit for decision. When a decision is rendered, all parties will be notified.

Generally, cash bail is refunded upon final disposition of the case. If, after cash bail is posted, bail is increased or the defendant is released on his/her own recognizance and the original bail is exonerated, a cash bail refund is also then available. A cash bail refund order will be issued by the court on the same day that the case is concluded or when the bail is exonerated. Refund checks do not come from the court. If you have not received your bail money within three weeks from the date the case was finished or the bail was exonerated, contact either the NYC Finance Dept., 60 John Street, 2nd Floor (Business Center for walk-ins) or 12th Floor (write-ins), New York, NY 10038, 212-291-4899 or 212-291-4854 (Monday through Friday, 9 am to 4 pm), and the Automated Line: 212-504-4321 (available 24 hours) or the Central Clerks' Office, 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000.

Except in the instance where a court case results in a dismissal or acquittal, 3% will be deducted from posted bail upon its refund.

For Adult inmates – Cash Bail can be posted at the New York City Department of Correction facility where the defendant is being held or at any of the following:

• Manhattan Detention Complex, 125 White Street, New York, NY 10013 Open 24/7
• Rikers Island Central Cashier, 11-11 Hazen Avenue, East Elmhurst, NY 11370 Open 24/7

Please note that Bail must be paid in person as online bail payment is unavailable. To post bail, you must present personal identification and provide the New York State Identification (NYSID) or Book and Case number of the person to be bailed.

Bail will only be accepted in any of the following forms: 

• U.S. cash for the exact amount; 
• Cashier's/Tellers' check, in any amount not exceeding the bail figure;
• Money order from Federal Express, U.S. Postal Service, Travelers Express Company, Western Union, or a private bank -- up to $1000
• Credit or debit card

For further information on inmates, bail, visiting hours, and travel directions call or search online at www.nyc.gov/site/doc/inmate-info/inmate-lookup.page.

For Juvenile inmates – Cash Bail can be posted at the Administration for Children’s Services/Division of Youth and Family Justice facility where the juvenile is housed.

• Horizon Juvenile Center, 560 Brook Avenue, Bronx, NY 10455 Open 24/7
• Crossroads Juvenile Center, 17 Bristol Street, Brooklyn, NY 11212 Open 24/7

For further information on juveniles at Horizon, bail, and visiting hours call 718 688-8496/718 688-6718 or email [email protected]

For further information on juveniles at Crossroads, bail, and visiting hours call 718 688-8264/718 688-8270 or email [email protected]

For ALL defendants – Cash Bail can also be posted at the courthouse if the defendant is in the court pens for a scheduled court appearance. Notify the clerk in the part in which the defendant's case is pending of your intention to post bail. You will be referred to the Central Clerk's Office, 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000. Bail can only be posted by certified check, teller's check, money order, or cash. Checks or money orders must be endorsed "County Clerk-New York County." 

For information on bail bonds, check the yellow pages under BAIL BONDS, or search online at myportal.dfs.ny.gov/web/guest-applications/bail-bonds-search. The Central Clerk's Office, 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000, maintains a list of Bail Bonds Agencies that are no longer approved by the Court.

To find an attorney call the Association of the Bar of the City of New York Legal Referral Service at Phone: 917 993-5879 (English), Phone: 917 832-1927 (Spanish). You may also complete the Legal Referral Service Request Form online.

The Legal Aid Society, the 18-B Panel of the Appellate Division, The New York County Defenders Services, and Neighborhood Defender Services, and The Center for Family Representation are all publicly funded organizations which provide attorneys to represent defendants in criminal matters. To qualify for such representation, a defendant must be indigent, that is unemployed or earning only a minimal amount of money.

An administrative order is issued identifying eligible cases that can be transferred to the IDV Court part. Cases that are eligible for the IDV Court are identified through the contributing courts, along with the cooperation of attorneys, law enforcement, victim advocates, and other community service providers. The ultimate determination as to whether the cases will be transferred to the IDV Court is made by the IDV Court Judge who issues the Transfer Order that is sent to the originating courts, counsel or parties.

The goal of the IDV Court is centered around the coordination of related domestic violence cases, victim safety, defendant accountability and addressing the needs of families affected by domestic violence. IDV Courts are unlike Drug Courts where the focus is on rehabilitation of the criminal defendant. In IDV Courts, judicial monitoring of offenders is a cornerstone of the IDV Court and there is a Compliance Part component to the IDV Court to address the issue of defendant accountability. In addition, IDV Courts also assist families in accessing community services and resources in a coordinated team manner.
 

Related criminal, matrimonial and family court cases filed in the same county which involve a single family may be eligible for the IDV Court. Allegations of criminal domestic violence form the threshold requirement for entry into the IDV part, with related cases in at least two of the three areas of law. Although the cases will be heard in the IDV Court part, each case will retain its individual integrity and will not be consolidated with each other.

IDV Courts are specialized Supreme Court Parts developed to better serve families in crisis. Our current court structure often requires domestic violence victims and their families to appear in multiple courts (in front of multiple judges) to address their criminal, family, matrimonial and other legal problems. IDV Courts, by contrast, are dedicated to the idea of "One Family-One Judge," allowing a single judge to hear related cases involving domestic violence victims and their families. The goal of the court is to change the way the justice system treats families and children by promoting more informed judicial decision-making, creating consistency in orders of protection and reducing court appearances, as well as providing enhanced services to victims and ensuring defendant accountability. 
 

How Do I Get to the Help Center?

Help Center locations, hours, and links to directions are available on the Civil Court’s web site.

Whether you will meet with a volunteer lawyer or a Help Center Court Attorney, you should bring any court papers and relevant notices you received, information from relevant social service or governmental agencies, any previous stipulations or court orders, and a marshal’s notice, if you received one.

You should also bring any documents which may prove your case or disprove the other side’s case.

Examples:

• Copy of lease/lease renewals/agreements
• Rent payment history/rent breakdown
• Rent receipts
• Petition and notice of petition
• Answer
• Stipulation and/or court order
• Marshal’s notice
• Deed, if relevant
• Notice of termination/notice to cure
• Section 8 documentation

Help Center Court Attorneys work for the Civil Court. These experienced lawyers, many of whom have years of landlord-tenant law expertise, meet daily with unrepresented litigants in the Help Centers. They provide referrals to appropriate government agencies, social service organizations, and legal services providers, and can explain court procedures, legal terminology, and available options. Like the volunteer lawyers, they provide these services free of charge.

Because Help Center Court Attorneys work for the Civil Court, they are not permitted to give legal advice to either owners or tenants. This means that they cannot interpret the law as it relates to your situation or recommend that you follow a specific course of action. In addition, they cannot represent you in court or file papers on your behalf.

Volunteer lawyers may provide legal advice, and may be able to devote more time to discuss the strengths and weaknesses of your individual case. Like the Help Center Court Attorneys, they cannot represent you in court or file papers on your behalf.

If there are no volunteer lawyers scheduled on a given date, and you have questions about a pending Housing Court case, you should still consider going to the Help Center to discuss your concerns with one of our experienced and knowledgeable Help Center Court Attorneys. 

If you are not represented by an attorney and you need legal advice about a residential landlord-tenant law matter, consult the appropriate calendar below to see if a volunteer attorney is scheduled to appear in one of the Housing Court’s Help Centers located nearest you.

If there is a volunteer lawyer scheduled on a particular date and at a particular time, you should go to that Help Center at that time, and inform the staff that you wish to meet with a volunteer lawyer. Please note that the information in the calendars is updated weekly, and may not reflect last-minute cancellations or other changes made to the schedule.

In addition, please note that if there are no volunteer lawyers scheduled to appear on a given day, you may still find it helpful to go to the Help Center to meet with one of the Help Center Court Attorneys to discuss a pending Housing Court case.

If you wish to see a Volunteer Attorney in the Harlem Community Justice Center, you must check in with the Help Center on Mondays and Thursdays for availability. 

See the Help Center page for Help Center location and hours.

When you go to the Help Center to meet with a Volunteer Lawyer or Court Attorney, bring all court papers and any letters, bills or other documents that are related to your case. 

Some examples are:

• Debt Collection Notices
• Credit Card Bills
• Contracts
• Summons
• Petition
• Complaint
• Answer
• Judgment
• Order
• Subpoena

Help Center Court Attorneys work for the Court. They can explain court procedures, legal terms, and provide general legal information. They can provide referrals to government agencies, social service organizations and legal services providers. But as Court employees, the Help Center Attorneys can’t give you legal advice.

Like the Volunteer Lawyers, they provide these services for free.

Volunteer lawyers provide legal advice and discuss the strengths and weaknesses of your case.

Meet with a Volunteer Lawyer in the New York City Civil Court’s Help Center located at 111 Centre Street. No appointment is necessary.

If no Volunteer Lawyers are scheduled in the Help Center on the day you want to go, you can get help from a Help Center Court Attorney who can give you free legal and procedural information.

For all New York State Courts courthouse information, locations, definitions, facts and forms please check out CourtHelp.

You can use the Supreme Court Adult Name Change Petition Program to change your name. The adult name change form is used to ask (or “petition”) the NY State Supreme Court to change your name. New York City residents can use the NY City Civil Court Adult Name Change Petition Program. The filing fee in New York City Civil Court is much less.

Although a lawsuit is commenced by the filing of the summons and complaint, or summons with notice, the case will not be assigned to a judge until one of the parties files a Request for Judicial Intervention. The first time a party needs judicial consideration of an issue in the lawsuit, he or she is required to purchase (for a $95.00 fee) and file a Request for Judicial Intervention. In most instances, the first time a case will come before the court is when a motion is made. A motion is an application to the court for an order resolving a dispute between the parties that occurs during the course of the lawsuit. The first motion made must contain a copy of the Request for Judicial Intervention form.

Once served, the defendant has 20 to 30 days to "appear" or to serve the plaintiff with a responding document. The time in which to respond depends on where and how the defendant is served (CPLR 320). If the defendant is served with a summons and complaint, the responding document can be an "answer" or a motion for dismissal of the complaint. If the defendant is served with a summons with notice, the responding document is called the notice of appearance and demand for the "complaint." The plaintiff has 20 days from the date he or she receives the demand to serve the defendant with a complaint.

After you have served all defendants with a copy of the summons and complaint, or summons with notice, then you must file proof of that service with the County Clerk’s Office. Failure to file proof of service may result in dismissal of the case. For more information on service, you should read the pamphlet entitled "How to Serve Legal Papers".

Basic notions of fairness require that the defendant be notified of the lawsuit so that he or she has the opportunity to put forth a defense. This notification process is known as "service."

Generally, a complaint (and all other documents submitted to this court) must be typed or legibly printed in English, black ink, double-spaced, using 8 ½ by 11 inch (letter-sized) paper and using one side of the paper only. The papers should be stapled or securely bound (CPLR 2101). For specific rules regarding the format and content of the complaint and other documents, consult Article 30 of the Civil Practice Law and Rules.

The court has the authority to grant many different forms of relief. For example, the court can order a defendant to pay a sum of money, called damages, to the plaintiff to compensate for any injuries sustained. The court can also provide injunctive relief by ordering the defendant to act or refrain from acting in a particular way. In an action seeking a declaratory relief, the court determines the rights of each party in a dispute.

The complaint provides details of the plaintiff’s claim(s) against the defendant(s). It must describe the legal basis for each claim by stating the elements of each cause of action, how the defendant’s behavior or inaction caused harm, and what compensation plaintiff is entitled to receive. The facts should be recited clearly, concisely, and chronologically, providing specific dates and places. Lastly, your complaint should conclude with a paragraph describing all of the forms of relief you are seeking from the court. In certain actions, such as matrimonial cases, the complaint must contain a verification–that is, the plaintiff must swear to the truth of the allegations contained in the complaint. The rules regarding verifications are explained in section 3020 of the Civil Practice Law and Rules.

The summons must contain the following information: the name of the court; the caption box containing the names of the parties; the index number assigned by the court; the date the summons is filed with the County Clerk’s Office; the name, address and telephone number of the plaintiff or his/her attorney; and the name and address of the defendant(s). CPLR 305(a)

Submit your Verified Petition, Affirmation in Support, Exhibits, Request for Judicial Intervention (RJI) and one of following documents to the County Clerk, Room 118 with the relevant fees ($210 - Index Number/$95 - RJI fee):
Notice of Petition -or- Order to Show Cause. *If moving by Order to Show Cause and seeking a Temporary Protective Order (TRO) (asking the Court to stop something while the case is pending), you must also submit an Affirmation of Notification. If you are not seeking a TRO, but want to move by OSC, cross out any reference to the TRO on the form and you do not need to submit the affirmation of notification.

The authority to regulate and discipline lawyers in New York State is vested in the Appellate Divisions of the New York State Supreme Court. Each Appellate Division has one or more attorney grievance committees and each will accept and investigate written complaints.

An order to show cause with a temporary restraining order and an affidavit of emergency together with an affirmation in support must be filed with the Supreme Court in the county where the eviction or foreclosure is planned to take place. The litigant should bring a copy of the Sheriff’s Order of Eviction and the court order signed by the judge when seeking the order to show cause. If granted, all parties must be served with the court papers and must appear on the date selected by the judge. The judge will make a determination after hearing from both parties.

A motion or order to show cause with an affidavit in support must be filed with notice in the court where the judgment was entered and served on all parties in the action pursuant to the Civil Practice Law and Rules.

To vacate a default judgment in a consumer debt case you can use the courts' Do-It-Yourself (DIY) Form Program. It is a free and easy program that makes papers that help you tell a judge why you missed your court date or didn’t answer a summons and complaint in a consumer debt case."

A verified answer must be filed with the court and served on all parties within the statutory time to respond to a complaint pursuant to the Civil Practice Law and Rules. A motion is answered by filing and serving on the court and parties appearing in the action, a notarized affidavit in opposition or cross motion within the statutory time pursuant to the Civil Practice Law and Rules.

If the plaintiff cannot afford to pay the court fees required to proceed with the lawsuit, he or she can apply for an order waiving those costs. This request is known as a Poor Person Order. The order will only excuse the plaintiff from paying fees normally charged by the court not other costs that may arise during the course of the lawsuit.

An index number is a number used by the court to identify a case. In order to initiate a civil action, the plaintiff(s) must purchase an index number at the County Clerk’s Office (for $210.00), and file the original summons with notice or summons and complaint with the court. The index number and date of filing of the summons must be included on the summons before the defendant is served. The plaintiff has 120 days from the date of purchase of the index number to serve the summons and complaint or summons with notice on the defendant (CPLR 306-b).

As an alternative to filing a summons and complaint, you may file a summons with notice to commence a civil action. The summons with notice contains the same information as the summons, but it requires a brief description of the nature of the case and the relief being sought. Thus, the summons with notice is not accompanied by a complaint.

Generally, you may commence a civil action in Supreme Court to obtain money damages over $50,000.00 or some other form of relief from a private person or entity (i.e., a corporation) whose actions have resulted in a violation of your rights. The action is commenced when the party alleging harm (plaintiff) files either a summons and complaint, or a summons with notice with the court. The summons invokes the jurisdiction of the court and provides notice to the alleged wrongdoer (defendant) of the reason why he is being sued. Every lawsuit must be brought within one of the various deadlines spelled out in the law, which are known as statutes of limitations. See CPLR Article 2. Accordingly, the summons MUST be served with either a complaint or a summons with notice. They are know as initiating papers.

The court does not provide counsel in civil actions, nor can they recommend a particular attorney or law firm. The Bar Associations do provide referrals depending on the kind of action for which the litigant is seeking representation.

Copies of divorces are obtained in the County Clerk’s Office in the county where the divorce was granted. Only the parties or their attorney may view the court file or obtain a copy of the divorce. Identification is required. The fee for a certified copy of the divorce is $8.00.

If both you and your spouse agree to a divorce – this includes all other issues, such as debt and marital assets -- you can get and complete the papers for an uncontested divorce by using the court’s Uncontested Divorce Do-It Yourself (DIY) Program, picking up the papers from the Bronx Supreme Court Help Center, or printing them from the court's website.

To get a legal separation, the parties must draw up a written agreement specifying their intent to separate and the terms of the separation. Note, there are no preprinted forms for a separation agreement. The agreement is drawn up by the parties or an attorney. It is not valid unless it is signed and notarized by both parties. A separation agreement can be filed with the court by purchasing an index number ($210.00) From the County Clerk’s Office and submitting an original notarized copy of the agreement

If the other person does not want a divorce or disagrees with you about certain issues your divorce will be contested. Instruction books and form books for contested Divorces are available on the court’s Divorce website and in the Supreme Court, Civil Term, in all boroughs. For more information visit the court’s Divorce Resources page and the Bronx Supreme Court Matrimonial page. The filing fees include $210.00 for the index number and $125.00 for the note of issue. If you are filing a contested divorce the cost can go higher depending on how much motion practice will be involved.

Effective July 3, 2007, CPLR sections 2214(b) and 2215 have been amended to provide new requirements for timely service of notices of motion and cross motions. The amendments apply to Notices of Motion served on or after July 3, 2007.

The following tables summarize the service requirements for motions and cross motions. The shaded areas indicate changes in the law:

Notices of Motion

Notices of Cross Motion

*Prior to the return date of the motion (cross motions should be noticed to be heard on the same date as the main motion)

Continue down, and this page will show you how!

FAQ stands for Frequently Asked Question. FAQs can be incorporated into a website to help users get quick answers to common questions.

Contact your attorney, and/or report to Court the next business day.

Make an application to the Judge hearing your case.

If your firearms were seized due to a Criminal or Family court Order of Protection which has now expired (under CPL 530.14 and FCA 842-a). Please contact the Special Term Office at 631-852-2130 or [email protected].

If cash bail was posted, a check is generated by the Suffolk County Comptroller 6-8 weeks after the disposition of the case. If you do not receive a check in 8 weeks you can contact the Suffolk County Comptroller at (631) 853-5040. If a bail bond was posted a certificate of disposition is needed and submitted to the bail bondsman. Certificates of disposition are available from the Criminal Office.

Please see Certificate of Relief from Disabilities from NYCourthelp.gov

If you are submitting the Application to the Suffolk District Court, you may file the application in person (D200 window #2), or mail it to:

Suffolk County District Court
re: Certificate of Relief from Disabilities, D220
400 Carleton Ave
Central Islip NY 11722

Please submit a self-addressed envelope with your application.

Yes, however, delays in delivery, sorting and processing the applicable fees may prevent timely filing of papers in which case the papers may be returned to you.

You may file the following papers by mail: Motions, Opposition Papers/Reply Papers, Notes of Issue, Infant Compromise Orders, PC Requests, Stipulations of Discontinuance/Stipulations of Settlement, and Notices of Settlement. Be certain to include money orders or attorney's check(s) for applicable fees payable to Kings County Clerk.

The mailing address is:

Kings County Supreme Court
E-file/Motion Support
360 Adams Street, Room 227
Brooklyn, NY 11201

If the caption stating the parties in the court's computer is correct, your papers must reflect the correct caption.

If your caption is correct, provide a stamped copy of the summons, amended summons, supplemental summons, or third party summons from the County Clerk to E-file/Motion Support (Room 227) , or provide a copy of an order amending/correcting the caption to E-file/Motion Support. The summons or order that you provide must reflect the most recent amendments to the caption, if any. Court personnel may then give you other instructions.

NINA stands for "Note of Issue / No Appearance." It is a court control date used to monitor and determine if a Note of Issue has been filed by the actual due date. The NINA date does not extend the time to file the Note of Issue. If the Note of Issue is not filed by the actual due date and a motion or stipulation to extend the time to file is not submitted, the case will be dismissed. No appearance is required on the NINA date. For example, if the Note of Issue is due to be filed on March 9 and the NINA date is March 24, the Note of Issue must be filed by March 9. Otherwise, the case will be dismissed on March 24.

Go to E-file/Motion Support (Room 227) and file the following papers:

1. The original and two (2) copies of the Note of Issue (with the Certificate of Readiness on the back). Please do not staple the copies to the original.
2. A copy of an order directing you to file a Note of Issue, if you have one (do not include PC orders).
3. Affidavit of service (upon all other parties) of the Note of Issue.

The Note of Issue must be filed in E-file/Motion Support within the earlier of ten (10) days after service of the Note of Issue (see CPLR 3402) or the date specified in the order (other than Preliminary Conference Order). If the papers are acceptable, the clerk in E-file/Motion Support will stamp them approved. Present them for payment or for "NO FEE" stamp at the Kings County Clerk. You will need either exact cash or a money order for $95.00 payable to the Kings County Clerk if you would like a jury trial. You will need either exact cash or a money order for $30.00 payable to the Kings County Clerk if you would like a non-jury trial. If the jury fee has been paid previously because a prior Note of Issue had been vacated, the fee for filing the Note of Issue is only $30.00. The County Clerk's Office is located at:

360 Adams Street, Room 189
Window #5
Brooklyn, NY 11201

You do not need to return to E-file/Motion Support after paying for the Note of Issue.

Unassigned Tort Cases

If you would like to request a PC for a tort case and no judge is assigned to the case, file the original and three (3) copies of the RJI with the County Clerk's Office along with either exact cash or a money order for $95.00 payable to the Kings County Clerk. You do not have to file any papers with E-file/Motion Support. You will be notified automatically by mail of the date of the PC within forty-five (45) days. The County Clerk is located at:

360 Adams Street, Room 189
Window #5
Brooklyn, NY 11201

Unassigned Commercial Cases

If you would like to request a PC for a commercial case and no judge is assigned to the case, purchase the RJI in the County Clerk's Office, located at:

360 Adams Street, Room 189
Window #5
Brooklyn, NY 11201

The County Clerk will require the original plus three copies of the RJI along with either exact cash or a money order for $95.00 payable to the Kings County Clerk. Then file with E-file/Motion Support (Room 227) the following:

1. Stamped RJI from the County Clerk
2. Affidavit of service of the RJI
3. Copy of the pleadings

Assigned Cases

If you would like to request a PC and the case has already been assigned to a judge, file with E-file/Motion Support (Room 227) the following:

1. Request for PC
2. Affidavit of Service of the Request for PC

Note: If there is an outstanding motion for Default Judgment or for Change of Venue, you must wait for the motion to be decided before requesting a PC. In some instances, the PC will be automatically scheduled after the motion is decided or withdrawn. If a PC is not scheduled automatically and a default judgment has been granted as to some parties, attach a copy of the default judgment order to the PC request.

Opposition papers and reply papers are to be filed in E-file/Motion Support (Room 227) at least one (1) business day before the adjourned date of the motion. If the motion is not automatically adjourned, opposition papers and reply papers are to be filed in E-file/Motion Support at least one (1) business day before the return date.

Most first time motions are automatically adjourned by the court to the judge's next available motion date. However, if your motion is not automatically adjourned or if you need another adjournment, contact the part to find out their procedures for subsequent adjournments. If you would like to withdraw your motion, contact the part to find out their procedures for withdrawing motions. If you need the part's telephone number, call the Kings Supreme Court Help Center at 347-296-1740 or Motion Support 347-401-9249 or click on the Phone Directory in the menu on the left hand side of this page.

Criminal history searches are done through the Office of Court Administration. This search is for New York State only. You can contact them at the following webpage, address, or phone number. 

New York State Office of Court Administration
Office of Administrative Services
Criminal History Search
25 Beaver Street Room 840
New York, NY 10004
Tel # 212-428-2943

Criminal History Record Search website

If the court finds that the child is not obeying the terms of the court's order, the probation officer or placement agency may file a violation petition, and a new dispositional hearing may be held. If the violation is proven, the court may change its order to any order it could have issued at the original dispositional hearing.

At the dispositional hearing, information is presented to the court to help the judge decide whether the child is a person in need of supervision - a PINS. Witnesses with information about the child testify and present evidence.

If the judge decides that the child does not need supervision or treatment, the judge may dismiss the case. If the child does need supervision or treatment, the judge can choose one of the following options:

1. Warning and discharge
   The judge may decide that no further court involvement is needed and discharge the case with a warning to the child.
    
2. Suspended judgment
   The judge may pause the case for a set period of time and require the child to follow certain rules or participate in services. If the child follows the rules, the case may be dismissed.
    
3. Placement outside the home
   In some cases, the judge may place the child in foster care or another approved placement. This usually happens only if the court decides the child cannot safely remain at home. Children who are 16 or older generally cannot be placed unless the court finds special circumstances.
    
4. Probation
   The judge may place the child on probation. This means the child remains at home but must follow certain conditions and may be required to participate in services or programs.

In some cases, the court may also order the child to participate in an education reform program.

In a PINS case, the trial is called a "fact-finding hearing". The parties may testify and present witnesses and evidence.

If the judge decides that the child committed the acts described in the petition, the judge sets a date for a "dispositional hearing". The court may order the Probation Department to prepare a report concerning the child's general behavior, home life and school attendance and behavior, and may order an evaluation by the city's Mental Health Services.

If the court finds that the PINS child should not be released to the custody of his or her parent or guardian while waiting for the fact-finding hearing, the court cannot hold the child in a secure facility. If it appears that a PINS respondent might fail to appear for a scheduled court date, or is at risk of committing an act which would be a crime if committed by an adult, the court may place the child with a relative or other person willing and able to take responsibility for the child or hold the child in a non-secure facility.

The complaining party presents the case at the hearing by testifying about the child's behavior. Sometimes the judge assigns a lawyer to represent the complaining party at the hearing, or the complaining party may hire an attorney.

A PINS petition may be filed in Family Court by a parent or other person legally responsible for the care of the child, by a peace officer or police officer, by a person who has been injured by a child, or by a school or other authorized agency. The PINS petition contains a description of the child's behavior and asks the court to find that the child is in need of supervision. The petition and a summons must be given to the child and his or her parent, directing them to appear in Family Court on a specific date.

There are no filing fees in Family Court.

A private attorney may be hired to represent the child or the court will assign an attorney. The child's attorney is called an "Attorney for Child."

CourtHelp - Lawyers & Legal Help

The Family Assessment Program (FAP) was created to offer information and assistance to help families make well-informed decisions about how to resolve problems and concerns without placing children in foster care through a Persons In Need of Supervision (PINS) petition. All families who request PINS services will first be seen by the Family Court Assessment Program social work staff.

Get more specific information about the F.A.P. program

A child under the age of 18 who does not attend school or behaves in a way that is dangerous or out of control, or often disobeys his or her parents, guardians or other authorities, may be found to be a Person In Need of Supervision or "PINS". All PINS proceedings are heard in Family Court. There is a possibility that the PINS proceeding could be settled outside of court through the Family Assessment Program (F.A.P.) that is run by the Administration for Children's Services (ACS) and the NYC Department of Probation.

If the respondent does not obey the conditions of his or her dispositional order, the probation officer or placement agency may file a violation petition, and a new dispositional hearing may be held. If the violation is proven, the judge can order a different disposition.

At the dispositional hearing, the judge decides whether the respondent is a "juvenile delinquent" in need of supervision, treatment or confinement (placement). During the hearing, the judge hears testimony from the probation officer about the respondent's previous behavior in school and at home, and any previous court cases involving the respondent. The respondent's parents or guardians and other persons with information helpful to the court may testify.

The probation officer may recommend that the respondent be permitted to live at home without court supervision, but with certain conditions set by the court (a "conditional discharge"); or that he or she be supervised by the Probation Department while living at home (an "order of probation"); or that the court place the respondent in a facility away from home, such as a group home or secure facility. The respondent may also be ordered to pay for damage to the complainant's property and/or unreimbursed medical expenses incurred by the complainant as a result of the respondent's actions.

The judge decides which disposition would meet the needs of the respondent and signs a dispositional order. Even if there is a finding that the respondent committed the acts described in the petition, if the judge finds that the respondent is not in need of supervision, treatment or confinement, the petition must be dismissed. The petition may also be dismissed after the court has ordered an adjournment in contemplation of dismissal ("ACD"). An ACD is where the case is on hold for up to 6 months to decide whether it should be dismissed.

At the fact-finding hearing, the presentment agency must prove its case through witnesses and other evidence. The respondent's attorney may cross-examine the witnesses and may present witnesses and evidence for the respondent. If the presentment agency proves the case beyond a reasonable doubt, the judge makes a "finding" that the respondent committed some or all of the acts described in the petition. If the case has not been proven, the judge will dismiss the petition.

If a finding is made, the judge will schedule a "dispositional hearing" and order the Probation Department to investigate the respondent's home and school behavior. The judge may order an evaluation by the city's Mental Health Services. The court may either "remand" the respondent to a detention facility or "parole" (release) the child to the custody of his or her parent or guardian until the dispositional hearing.

In a juvenile delinquency case, the trial is called a "fact-finding hearing". A fact-finding hearing is the same as a criminal trial, but without a jury. The judge decides whether the child committed the acts described in the petition. If the court decides that the child must be held in detention ("remanded") while waiting for the fact-finding hearing, a "probable cause" hearing may be held to determine whether there is good cause to hold the child in detention. There is no bail set in juvenile delinquency cases in Family Court.

Other hearings which may be scheduled concern the evidence which the presentment agency may wish to use in the fact-finding hearing. The presentment agency must give certain police reports and other documents to the respondent's lawyer so that the respondent can prepare his or her defense.

The child must have a lawyer representing him or her. If the parent or guardian cannot afford to hire a lawyer, the court will assign a lawyer to represent the child free of cost.

CourtHelp - Lawyers & Legal Help

In New York City Family Court, a prosecuting attorney from the New York City Law Department, called an "Assistant Corporation Counsel", presents juvenile delinquency cases and cases involving certain serious crimes (called "designated felonies"). 

The presentment agency (prosecutor) prepares a petition against the child containing a description of the acts he or she is accused of committing. The accused child is called the "respondent". The victim in the case is called the "complainant".

A child who has been arrested and held may be brought directly to Family Court by the police, or, when court is not in session, may be held overnight in a detention center until the next court day. In the alternative, a child may be arrested and released after being given an "appearance ticket" directing him or her to appear in court on a certain date. In court, the child and his parent or guardian are given a copy of the petition.

Starting at age seven, children can be brought to court if they are accused of committing a crime. Where the case is handled and how the child is treated depends on several factors including the child’s age, intent, and past record. Youth who are accused of committing crimes fall into three categories: Juvenile Delinquent, Juvenile Offender, and Adolescent Offender.

A Juvenile Delinquent is a child over 12, but under 18 years of age, who commits an act that would be a crime if it had been committed by an adult. Children over 7 but less than 12 years of age, who commit specific serious or violent acts listed in Family Court Act Section 301.2(1)(a)(iii), may also be juvenile delinquents.

Cases involving Juvenile Delinquents are handled in Family Court. Juvenile Delinquents do not go to adult jails. Instead, the court decides if they need supervision, treatment, or placement through the local department of social services or the New York State Office of Children and Family Services. Juvenile Delinquents do not have criminal records. Family Court proceedings are confidential and in some instances the cases can be sealed.

Juvenile Offenders, who are 13, 14, and 15 years of age, are charged with committing serious or violent felony offenses listed in Penal Law Section 10.00 (18). Juvenile Offenders are not considered Juvenile Delinquents. Juvenile Offender cases are heard in the Youth Part of Supreme Court. Juvenile Offenders who are convicted will have permanent criminal records unless the Court grants Youthful Offender status. Juvenile Offender cases can be transferred to Family Court if the Court determines that the transfer would be in the best interests of justice. Upon transfer to Family Court, the youth is then considered a Juvenile Delinquent. 

Adolescent Offenders are youth 16 or 17-years old who commit a felony offense. The case is originally heard in the Youth Part of Supreme Court. However, the case may be transferred to Family Court, where the youth will be considered a juvenile delinquent and will be eligible to receive all services and programs available to juvenile delinquents. 

For more information, visit Court Help.

Parents may voluntarily agree to have their children adopted by signing a document called a "Surrender", giving up their rights as parents. Or the agency may file a petition asking the court to hold a hearing to determine if the court should "terminate" (end) the parents' rights. If the court finds that the child has been abandoned, permanently neglected, or severely or repeatedly abused, or that the parents are unable to properly care for the child because of mental illness or intellectual disabilities, the court may permanently end the parents' rights to the child and give custody and guardianship of the child to the Administration for Children's Services and the agency. A child may then be adopted by the foster parents, or the agency may seek another suitable permanent home for the child.

The court may order the child-protective agency or child-care agency to provide services or assistance to the child and the child's family, including visitation with the child and counseling for the family, while the child is in foster care.

After a child has been in placement for the time period ordered, the parents may file a petition asking the court to review the child's placement. After a court hearing, the court may return the child to his or her home or extend the placement period.

If the child remains in foster care for a year, the agency must file a petition asking the court to review the child's situation, and extend the placement if appropriate.

The parents or guardian of the child may represent themselves without a lawyer or may hire a lawyer to represent them. If the parents or guardian cannot afford to hire lawyers, they have the right to have the court appoint lawyers for them at no cost.

CourtHelp - Lawyers & Legal Help

Placement may be temporary, with the child eventually returning to his or her parents or legal guardian, or may result in the child being adopted by another family.

When a child is voluntarily placed into foster care by a parent or guardian, that person signs a "Voluntary Placement Agreement" transferring the care and custody of the child to an agency. If the child is expected to remain in foster care for more than 30 days, the Administration for Children's Services must file a petition asking the court to approve the placement and the agency's plan for the child's future. The agreement may specify how long the child is to remain in foster care, or the period of time may be left open. The court then hears testimony from the persons who signed the agreement and from the agency, and decides whether the agreement is valid, whether foster care is appropriate for the child, and how long the child should remain in foster care.

The child may be placed with foster parents (which may be the child's relatives) in their home, in a group home, or in an institution, depending upon the child's needs and the available foster care settings.

A child may be placed in foster care voluntarily, at the request of his or her parents or legal guardian. Or a child may enter foster care involuntarily, by order of the court. The court may order that the child be placed in the care of an agency if it finds that the child has been abused or neglected or is at risk of such harm, or when a child's behavior is beyond the control of those responsible for his or her care. A child may also be removed from his or her home by a child-protective agency because of an emergency in the home.

A "foster child" is a child who has been placed in the care and custody of the Administration for Children's Services, or an authorized child-care agency for either short-term or long-term care. This care is often with a "foster family", who may be related to the child. The agency has physical custody of the child, but the parent continues to have legal rights to the child.

The Criminal Term Central Clerk's Office on the 2nd floor of the Bronx County Hall of Justice. Correspondence should be mailed to:

Bronx Supreme Court
Criminal Term Clerk's Office
c/o Correspondence Clerk
265 E. 161st Street - 2nd Floor
Bronx, NY 10451
Phone: 718-618-3100

Criminal History Record Searches are done by the Office of Court Administration. Please contact them directly at the following address for information regarding procedures and fees.

New York State Office of Court Administration
Division of Technology and Court Research
25 Beaver Street, 8th Floor - Room 830
New York, New York 10004
[email protected]

If you put up cash bail, a check will be automatically mailed to you at the address listed on the bail receipt. If you do not receive the check within six weeks of sentence, contact the Criminal Term Clerk's Office at 718-618-3100. If you put up bail in the form of a bond, you must get a Bail Bond Exoneration Letter and bring it to the bail bondsman.

If you were sentenced in Bronx Supreme Court to probation, time served or a conditional discharge, you must pay any Fine or Mandatory Surcharge imposed at the Courthouse. Go to the Criminal Term Central Clerk's Office on the 2nd floor and pay the cashier. The only acceptable forms of payment are cash, money order or certified check bank check. The money order or check must be made payable to the Bronx Supreme Court.

You are eligible to apply for a Certificate of Relief from Civil Disabilities at the Criminal Term Central Clerk's Office on the 2nd floor if you have no more than one felony conviction and were sentenced in Bronx Supreme Court to a non-state prison, sentence. If you were sentenced to state prison, you must apply to the:

State of New York
Department of Corrections and Community Supervision
Attn: Certificate Review Unit 
The Harriman State Campus-Building 4
1220 Washington Avenue 
Albany, New York 12226-2050
Phone: 518-485-8953

If the case was finished in Bronx Supreme Court, you can obtain a Certificate of Disposition from the Criminal Term Central Clerk's Office on the 2nd floor. There is an $10 fee for the certificate.

Information on active or finished cases can be obtained by visiting the Criminal Term Central Clerk's Office the 2nd floor, or by telephone at 718-618-3100.

Court employees are prohibited from referring litigants to attorneys. If you are unsure how to find a lawyer, these resources can help you:

• Call the New York State Bar Association Lawyer Referral Service (toll free) at 1-800-342-3661
• Go to www.lawhelp.org/ny if you cannot afford a lawyer

Public Inquires can be made to the Criminal Office regarding case information at [email protected]. 

Public Inquires can be made to the Special Term Office regarding Motions, applications, ERPOs, and Appeals at [email protected].

A divorce is the legal dissolution of a marriage by a court. An annulment is a judicial declaration that a marriage is invalid. Unlike a divorce that dissolves a valid marriage, an annulment establishes that the marriage is not legally valid.

The Uncontested Divorce Packet is not designed for use in annulment actions. The court does not provide forms for annulment. If you want more information about annulments or if you would like to file for an annulment, you should seriously consider speaking to an attorney.

A Separation Agreement is a contract between you and your spouse in which you agree to live separate and apart. A Separation Agreement may also address matters including but not limited to the rights of the parties, division of marital property, maintenance, custody, and child support. A Separation Agreement is not something the court grants and the court does not assist parties with the preparation of Separation Agreements. A Separation Agreement must be acknowledged by the parties before a notary and the acknowledgment must be in the form required to entitle a deed to be recorded. The preparation of a Separation Agreement can be a complex task. If you do not know how to prepare a Separation Agreement you should seriously consider getting advice from an attorney and / or having an attorney prepare the Separation Agreement for you.

A divorce is considered final when the signed judgment of divorce is entered in the County Clerk's Office. Once the judgment is entered, the County Clerk will mail you the postcard that you filed with your divorce papers. The postcard will contain a "filed" stamp and will indicate the filing date. Once you receive this postcard, you may go to the County Clerk's Office to obtain a certified copy of the judgment. You must bring valid photo identification with you, because matrimonial files are confidential and information will be released only to a party or his or her attorney. The cost for each certified copy is $8.00 but the fee will be waived if you obtained a poor person waiver.

Matrimonial files are confidential and without a court order, they are available only to the parties or their attorneys. While the clerk is prohibited from returning any actual divorce documents to anyone other than the parties or their attorneys, a copy of the list of defects will be given to any person that has your written and notarized authorization. The authorization must reflect the name of the person picking up the defect list, and the person picking up the list must have valid photo identification.

If you have received a postcard indicating that your papers are defective, you must come to the Matrimonial Clerk’s Office in room 217 to pick up your papers. You may come in on any Tuesday or Thursday between 9:30 a.m. and 12:30 p.m., and you must have valid photo identification and your index number.

Your spouse does not have to sign papers consenting to the divorce in order for the divorce to be considered uncontested. As long as your spouse does not contest the divorce in any way, the divorce is considered uncontested. If your spouse does nothing after being served, you must wait forty (40) days after service before filing the Note of Issue and the balance of your divorce documents. If your spouse specifically consents to the divorce by signing the Affidavit of Defendant that is contained in the Uncontested Divorce Packet, you may file the Note of Issue and the balance of your divorce documents immediately.

New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Complaint. In order to effectuate service on your spouse in any other way, you must get permission from the court. You can apply for such permission by filing an application for alternate service with the Motion Support Office in room 217.

A certificate of disposition cost $5.00 and may be obtained in person at the above address, Criminal Office 2nd Floor. To obtain a Certificate of Disposition by mail, send a U.S. Postal money order or a bank check in the amount of $5.00 made payable to Suffolk County Court. 

Send it to: 
Suffolk County Court 
210 Center Drive Riverhead, NY 11901 
Attn: Criminal Office 

Please include the indictment number, Defendant’s name, and a return address. Allow 7 to 10 business days for a response.

In order to maintain an action for divorce in New York State, one of the following conditions of New York residency must be met:

1. You and your spouse were married in New York, and either of you is a resident of New York when the divorce action is started and has been a resident of New York for a continuous period of one year immediately before the commencement of the divorce action
2. You and your spouse have resided in New York as husband and wife, and either of you is a resident of New York when the divorce action is started and has been a resident of New York for a continuous period of one year immediately preceding the beginning of the divorce action
3. The grounds for divorce occurred in New York, and either you or your spouse has been a resident of New York for a continuous period of at least one year immediately before the beginning of the divorce action
4. The grounds for divorce occurred in New York, and both you and your spouse are residents of New York at the time of the commencement of the divorce action
5. Either you or your spouse has been a resident of New York for a continuous period of at least two years immediately preceding the commencement of the divorce action

If you cannot afford to pay the filing fees you may request that the costs, fees, and expenses associated with the divorce proceeding be waived. You may make this request by completing the "Affidavit in Support of Application to Proceed as Poor Person" and the "Poor Person Order" contained in the Uncontested Divorce Packet. You must bring these forms along with a completed summons and verified complaint, and proof of any and all sources of income to the Matrimonial Clerk’s Office in room 217.

If you would like to file for divorce and your spouse does not intend to contest the divorce, you may pick up an Uncontested Divorce Packet from the Office of the Self Represented in Room 121. There is no fee for the packet. Uncontested divorce forms are also available on the court’s website at www.nycourts.gov. The total court fees for an uncontested divorce will be a minimum of $335.00. This includes the $210.00 index # filing fee required to commence the divorce, and the $125.00 Note of Issue fee. In addition, if any motions are made, there is a $45.00 fee for each motion. Once the divorce is finalized there is an $8.00 fee for each certified copy of the judgment of divorce.

Extensions will not be granted for longer than a 60 day period of time on criminal appeals or 30 days on Family Court appeals and will not be granted absent a sufficient showing of facts demonstrating a reasonable excuse for the delay in perfecting the appeal and an intent to perfect within a reasonable time.

Contact the Special Term Office at the above address, 3rd floor or call 631-852-2130.

Contact the Senior Court Reporters at 631-852-2151. When requesting a copy of the transcript or minutes, you should have the defendant’s name, Indictment number or Superior Court Information (SCI) number, Court Part, name of the Judge and date of the proceeding.

Except in cases in which payment is made by the state pursuant to Judiciary Law § 35, counsel must submit an official Fourth Department voucher form to the assigned counsel administrator for the county from which the appeal has been taken, who will forward the voucher to this Court for judicial review and determination. 

Counsel assigned on appeals pursuant to Judiciary Law § 35, such as habeas corpus appeals, must submit a JC2020 voucher directly to the Appellate Division for judicial review and determination.

In addition to the completed voucher form, counsel must submit a copy of the brief(s), an itemized statement of services, receipts for disbursements, and copies of any decision-order of the Court.

If the requested fee amount on any assigned appeal exceeds the statutory maximum of $10,000, counsel must submit an affidavit setting forth the existence of unusual and extraordinary circumstances that would justify a fee in excess of the statutory maximum.

Interim vouchers may be submitted only after receipt of an order of the Court scheduling the appeal for argument or submission at a specific term of Court.

Interim and Final Voucher
JC2020 Voucher

To enable those agencies, when necessary, to update their records, IF the decision-order is favorable to defendant, you must send a certified copy of this Court's decision-order to:

State of New York
Department of Correctional Services
Attn: Richard deSimone, Esq., Associate Counsel
1220 Washington Avenue
Albany, New York 12226

and

Division of Criminal Justice Services
4 Tower Place, 5th Floor
Albany, New York 12203

If the indictment is dismissed, counsel must prepare an order upon remittitur for the trial court (see CPL § 470.45) and move to seal defendant's records (see CPL § 160.50). If a new trial is ordered or if the case has been held and the matter remitted for further proceedings, counsel must contact the Supreme or County Clerk's Office to have the case placed on the calendar.

If the case was in the last 3 years contact the Criminal Office at the above address, 2nd floor or call 631-852-1461. 

If the case is older than 3 years contact the County Clerk’s Office at 631-852-2000. They are located at 310 Center Dr, Riverhead, NY 11901.

Upon receipt of the Court's decision-order, counsel shall notify the client in writing of the Court's decision.

Upon entry of an order affirming a judgment of conviction or order denying an application for a writ of habeas corpus or a motion under section 440.10 or 440.20 of the Criminal Procedure Law, assigned counsel is required to “advise the defendant in writing of his right to apply for permission to appeal and of the right of a person who is unable to pay the cost of a further appeal (in the event that permission is granted) to apply for leave to appeal as a poor person” (22 NYCRR 1015.7 [b]). Counsel is also required to “ascertain whether defendant wishes to apply for permission to appeal and, if so, make a timely application therefor” (id.).

In a habeas corpus proceeding, where the order of this Court is appealable to the Court of Appeals pursuant to CPLR 5601, assigned counsel shall advise the relator of his absolute right to appeal without permission (22 NYCRR 1015.7 [b]).

In an appeal from a Family Court proceeding, the assignment of counsel is continued, by statute, after the entry of the order of this Court for the purpose of filing and serving a motion for leave to appeal to the Court of Appeals (see Family Ct Act §§ 1118, 1120 [a]). Upon such filing, counsel may be relieved of his or her representation by application made either to this Court or to the Court of Appeals (see Family Ct Act § 1120 [a]).

If the appeal has not yet been perfected by the filing of records and briefs, assigned counsel should prepare a written Consent to Withdraw Appeal form for signature by appellant and assigned counsel.

If the appeal has been perfected, assigned counsel should prepare a written Stipulation of Discontinuance form for signature by appellant, assigned counsel, and opposing counsel or parties (including the Attorney for the Child, if any, in a Family Court appeal).

The Court must be promptly notified of the withdrawal or discontinuance of an appeal (see 22 NYCRR 1000.18 [c]).

Where counsel has been assigned by the Court, the transcript prepared at taxpayer expense must be provided to counsel to perfect the appeal. Assigned counsel is not required to provide an additional copy to his or her client. In a criminal case, a defendant may purchase his or her own copy of the transcript from the county clerk's office, at a fixed rate, as a public document (see CPLR § 8019 [f]). A defendant in a criminal case may also request a free copy of the transcript from the Court, after the filing of counsel's brief, in order to prepare his or her own pro se supplemental brief.

If there are no non-frivolous issues that can be raised on a criminal appeal, assigned counsel may make a motion to this Court, after conferring with defendant and trial counsel, to be relieved of the assignment by means of a Crawford motion (see People v Crawford, 71 AD2d 38; 22 NYCRR 1000.13 [q], 1022.11 [d]).

Such motion must be made on notice to the People and upon the submission of an affidavit and a brief in which counsel states all points that may arguably provide a basis for appeal.

The brief and motion must be served upon the defendant, at his or her last known address, at least 30 days before the specified return date of the motion, and the motion papers filed with the Court must include proof of such service. In addition, counsel must also file with this Court: (1) the papers that would constitute the record on appeal including the appendix, transcripts and exhibits and (2) a copy of a letter to defendant advising that he or she may elect to file either a pro se response to the motion and/or a pro se supplemental brief.

Assigned counsel may seek an extension of time to perfect an appeal for good cause shown, in writing, prior to the expiration of the due date, on notice to all parties.

Generally, an extension may be requested informally by letter application unless the appeal is subject to the nine month abandonment and dismissal rule (22 NYCRR 1000.12 [b]), there is a prior conditional dismissal order in effect, or the Court has otherwise directed that an extension request be made by formal motion, in compliance with the rules of the Court (see 22 NYCRR 1000.13).

The letter application or motion must set forth sufficient facts to demonstrate good cause for the delay and an intent to perfect within a reasonable time; must be received by the Court prior to the original deadline date; must include the full caption of the case with the Appellate Division Docket Number; must reflect the fact that copies of the letter have been sent to all interested parties; and must set forth, with specificity, the work already done on the appeal and the specific work yet to be completed.

An affidavit of service is required under the rules.

Extension requests on SORA or habeas corpus appeals must always be made by formal motion to the Court.

• Motion to Extend Time to Perfect Appeal - Judgment of Conviction
• Motion to Extend Time to Perfect Appeal - Habeas Corpus Order
• Motion to Extend time to Perfect Appeal - SORA Order

Unless a specific deadline date is given, an assignment order will direct that the appeal be perfected within 60 days of the date of the filing of the transcripts with the Family Court Clerk (see Family Ct Act § 1121 [7]; 22 NYCRR 1000.2 [c] [1]).

A specific deadline may be set forth in the assignment order if transcripts were filed prior to the time that counsel is assigned; if a conditional dismissal date was set by the Court in a prior order; or if the Court granted an appeal de novo on a coram nobis motion.

It is the responsibility of assigned counsel to note and diary the due date.

Unless a specific deadline date is given, an assignment order will direct that an appeal from a judgment of conviction be perfected within six months of the date of filing of transcripts with the County Clerk.

A specific deadline may be set forth in the assignment order if transcripts were filed prior to the time that counsel is assigned; if the appeal is from an order entered in a SORA or habeas corpus proceeding, which is subject to the Court's nine month abandonment and dismissal rule (22 NYCRR 1000.12 [b]); if a conditional dismissal date was set by the Court in a prior order; or if the Court granted an appeal de novo on a coram nobis motion.

It is the responsibility of assigned counsel to note and diary the due date.

Attorneys interested in accepting assignments on appeal to the Fourth Department must attend a mandatory training seminar to become eligible to receive assignments. The Court offers an annual training seminar for criminal appeals, which also includes habeas corpus and SORA appeals, and an annual training seminar for Family Court appeals. Attorneys may attend either or both seminars -- CLE credit is available.

Assignments by the Court are made in consultation with the assigned counsel administrator for the county from which the appeal was taken. On each appeal, the Court will contact the county administrator to request the name of an eligible attorney willing and able to accept assignment on that appeal. The Court retains authority to make the final determination as to the assignment of counsel on each appeal.

Whether there is a genuine conflict of interest that requires reassignment of appellate counsel in a particular case is a legal determination to be made by the Court. Before making such determination, the Court frequently requests information from the appellant and from counsel. New counsel will not be assigned absent proof that a genuine conflict of interest precludes assigned counsel from effectively representing you on appeal.

In order to warrant reassignment of appellate counsel on the grounds of ineffective assistance of trial counsel, where that attorney or another attorney in the same office has been assigned to represent you on appeal, specific instances of acts or omissions alleged to constitute the ineffective assistance of trial counsel must be alleged that would be apparent upon review of the record on appeal.

If transcripts have been filed in the county clerk's office, you may purchase a copy of the transcripts at a fixed rate (see CPLR § 8019 [f]). You may need to provide the clerk's office with a copy of the order of this Court granting you permission to appeal as a poor person. If you do not have a copy of the poor person order, you may contact the Court to request that a copy be sent to you. If an attorney has been assigned to represent you, the transcript prepared at taxpayer expense is provided to that attorney to perfect the appeal for you. Assigned counsel is not required to provide you with your own copy of the transcript.

In a criminal matter, if you are represented by assigned counsel,you may request a free copy of the transcript from the Court, after the filing of counsel's brief, in order to prepare your own pro se supplemental brief.

The appeal process can be lengthy. An appellate attorney cannot evaluate or discuss specific legal issues relating to an appeal until he or she has read all the court documents and transcripts of proceedings. The appeal cannot be considered by the Court until all the transcripts and court documents are reviewed and stipulated to by appellate counsel for all necessary parties, or settled by the trial court, and appellate counsel has filed and served the stipulated or settled records and briefs.

After records and briefs have been accepted for filing, an appeal is placed on the calendar for the next available term of Court for oral argument or submission to a panel of Justices. The Court schedules eight terms of Court annually. Generally, decision-orders of the Court are released two weeks after the conclusion of each term.

You do not need to make a formal motion for assignment of counsel on appeal if you were represented in Family Court by an assigned attorney, by a legal aid society or legal services organization, or by private counsel working on behalf of such society or organization and your attorney files a certification stating that you have indicated an intention to appeal, that you are eligible for the assignment of counsel, and that you continue to be indigent and unable to retain counsel to represent you on appeal (Family Ct Act § 1118).

Attorney Certification of Indigency Form - Family Court Appeal

If you were not represented by assigned counsel in Family Court but think that you are entitled to assigned counsel on appeal, or your trial counsel did not file a certification of continued indigency on your behalf, you must file and serve a formal motion for permission to appeal as a poor person and for assignment of counsel.

The motion must be served on all necessary parties (including the Attorney for the Child, if any) and the County Attorney for the county in which the order was entered.

You must file the original and one copy of the completed motion with this Court, together with a copy of the order you are seeking to appeal, a copy of the notice of appeal, and proof of service of both the notice of appeal and the poor person motion papers (22 NYCRR 1000.14).

Poor Person/Assignment of Counsel Motion - Family Court Order

Although the assignment of counsel and the risk determination proceeding continues throughout the pendency of the appeal (Corrections Law § 168-n [3]), if you were represented by assigned counsel in the trial court a motion for poor person and continuation of counsel is necessary for production of transcripts and other documents and if a new attorney needs to be assigned.

If you were not represented by assigned counsel in the determination proceeding but think that you are entitled to assigned counsel on appeal, or your trial counsel can not continue to represent you on appeal, you or your assigned trial counsel must file and serve a formal motion for permission to appeal as a poor person and for assignment of counsel.

The motion must be served on all necessary parties or counsel and the County Attorney for the county in which the order was entered.

You must file the original and one copy of the completed motion with this Court, together with a copy of the order you are seeking to appeal, a copy of the notice of appeal, and proof of service of both the notice of appeal and the poor person motion papers (22 NYCRR 1000.14).

SORA Poor Person Assigned Counsel form

You must file an original and one copy of a motion for permission to appeal as a poor person and for assignment of counsel with the Supreme Court, Appellate Division, Fourth Department at 50 East Avenue, Rochester, NY14604, and serve a copy of the motion papers on the opposing party or counsel. You must also file with your motion papers a copy of the order you want to appeal, a copy of the notice of appeal, and proof of service of the notice of appeal on the opposing party or counsel.

Habeas Corpus Poor Person Assigned Counsel form

You may complete a motion form for permission to appeal as a poor person and for assignment of counsel and return the original and one copy to the Supreme Court, Appellate Division, Fourth Department at 50 East Avenue, Rochester, NY14604. Copies of the completed motion form must be served upon the District Attorney and the County Attorney.

• Poor Person/Assignment of Counsel Form - Judgment of Conviction
• Poor Person/Assignment of Counsel Form - Judgment of Conviction - Appeal by People
• Poor Person/Assignment of Counsel Form - Rockefeller Drug Re-Sentencing
• Poor Person/Assignment of Counsel Form - Rockefeller Drug Re-Sentencing - Appeal by People

Civil appeals, such as appeals from a habeas corpus or SORA proceeding or an adoption matter in Surrogate's Court, are subject to dismissal on motion if not perfected within six months of service on the opposing party of the notice of appeal (see 22 NYCRR 1250.10); if the motion is opposed, the Court generally grants an extension of time (30-60 days) to perfect the appeal.

Civil appeals not perfected within nine months of service of the notice of appeal are deemed abandoned and dismissed (see 22 NYCRR 1000.2 [b]; 1000.12 [b]).

Family Court appeals in which the Court has assigned counsel must be perfected within 60 days of receipt of the transcript (see Family Ct Act § 1121 [7]; 22 NYCRR 1000.2 [c] [1]), unless extended by order of the Court for good cause shown.

Criminal appeals in which the Court has assigned counsel must be perfected within 120 days of receipt of the transcript, unless extended by the Court for good cause shown, or where a prior order of the Court has set a conditional dismissal date for perfection of the appeal.

After a notice of appeal has been timely filed and served, you must perfect your appeal by filing and serving a stipulated or settled record on appeal, in accordance with the rules of the Appellate Division, Fourth Department. The record must include all relevant and necessary documents, including transcripts of any stenographic or audiotaped minutes (see 22 NYCRR 1000.3).

In order to appeal from a civil order, you or your trial attorney must, within 30 days of the date on which you were served with a copy of the order you want to appeal, with notice of its entry, file a notice of appeal with the clerk of the court that entered the order. The County Clerk is the clerk of record for County and Supreme Court orders (see County Law §§ 525, 909). The Clerks of Family Court and Surrogate's Court are the clerks of record for those courts.

Habeas Corpus and SORA Notice of Appeal Form

A notice of appeal must be filed in the Family Court Clerk's Office and served on all parties “no later than thirty days after the service by a party or the child's attorney upon the appellant of any order from which the appeal is taken, thirty days from receipt of the order by the appellant in court or thirty-five days from the mailing of the order to the appellant by the clerk of the court, whichever is earliest” (Family Ct Act § 1113).

Family Court Notice of Appeal Form

In order to appeal from a judgment of conviction or re-sentencing, you or your trial attorney must, within 30 days of the date on which you were sentenced, file a notice of appeal with the County Clerk's Office in the county in which you were convicted. You must also serve a copy of the notice of appeal on the District Attorney or the Attorney General.

Notice of Appeal Forms

• Bring with you all evidence necessary to prove your claim or your defense.
• Anything that will help prove the facts in dispute should be brought to Court. This includes written agreements, leases, receipts, and photographs. Originals–not photocopies–may be required.
• Public Documents must be certified by the agency producing such documents. A certification is a statement that the documents are true copies of an agency's records.

The person bringing the lawsuit in a Landlord/Tenant matter should bring:

• Original or certified copy of the deed to the building.
• The lease for the party you are suing, if there is a lease.
• Certified copies of registration statements.
• Record keeping books.
• Any other documents that are relevant to the claims you are making.
• Witnesses–for example; a superintendent or mechanic who can testify as to attempts to gain access and/or attempts to repair conditions, if conditions are an issue)

The Tenant in a Landlord/Tenant matter should bring:

• Rent receipts, checks or other proof of rent payments.
• The lease for your apartment, if you have a lease.
• Photographs of any conditions you are claiming.
• Heat charts, if heat is an issue and you kept such a record.
• Receipts or bills for any money you claim you spent.
• Any other documents that are relevant to your defense or to the claims you are making.
• Witnesses–for example; a friend or neighbor who has seen a condition complained of, if conditions are an issue.

Sworn testimony is evidence–including your own:

• Any witness whose testimony is important to your case may testify in person before the Court. This can be someone who witnessed the events or someone whose special knowledge and experience makes him or her an expert on the cost of the services or repairs that were provided or may be required.
• A signed and notarized statement cannot be used in the place of live testimony and is not admissible as evidence.

Subpoena (A legal document that commands the person named in the subpoena to appear in Court to testify):

• If you are unable to get a witness to appear voluntarily or need certain records from a government agency, you may apply to the Court for issuance of a Subpoena.
• Subpoena Duces Tecum (A legal document that directs someone to produce in Court a written document or record you need).

Note: Either party may apply for a Subpoena before the trial/hearing date. An expert witness may not be compelled to testify by Subpoena, but you may pay the expert witness for coming to Court to testify.

If a Transcript of Judgment has been filed with the County Clerk, once the Debtor pays off the Judgment, the Creditor has a legal responsibility to prepare and sign a Satisfaction of Judgment for the benefit of the Debtor, so that all liens and record of Judgment can be removed from the County Clerk's office. The Creditor must either file the Satisfaction of Judgment with the County Clerk, or provide it to the Debtor so that the Debtor may file it with the County Clerk. The Satisfaction of Judgment must also be filed with the City Court. If the Satisfaction of Judgment is generated by the Court, there is a fee.

If a Creditor receives a written notice that a Judgment Debtor has filed for bankruptcy, all further efforts to collect the judgment are stayed (put on hold) until the Bankruptcy Court makes a decision as to how the assets of the Debtor should be divided. The Creditor should contact the Trustee in writing at the address listed on the Notice of Bankruptcy to file a claim and to find out whether the judgment debt will be paid or discharged (cleared) by the Bankruptcy Court.

A judgment is valid for twenty (20) years and may be extended once for an additional period of ten (10) years. To extend a judgment for an extra ten (10) years, the Judgment Creditor must make written application to the City Court.

1) The judgment becomes a lien on any land currently owned or later acquired by the Debtor anywhere in the County. In most cases, the land cannot be sold until the judgment is paid.
2) The Credit agencies often check the County Clerk's records to see if a person has any judgments filed against him/her. If the Judgment Debtor attempts to obtain a loan to purchase a vehicle or a mortgage to purchase a home, he/she are often denied credit approval unless they first pay off any unpaid judgments.

A Judgment Debtor may also be denied a credit card until the judgment is paid. If a Judgment Debtor dies and the judgment is on file with the County Clerk, the estate of the deceased debtor may be ordered to pay off the balance due on the judgment.

Winning a Judgment may be only half the battle…
…collecting the money owed is the other half.

• Information Subpoena
• Income Execution on the wages of the debtor
• Seizing personal property owned by the debtor

1. cars
2. trucks
3. bank accounts

• Filing a lien against real property (land) owned by the debtor

Information Subpoena

Before property can be seized, the Creditor must find and identify what property is specifically owned by the Debtor. It is also the Creditor's duty to locate where the Debtor is employed.

An Information Subpoena is a legal document that requires the Debtor to give written answers to several written questions concerning what property they own, where it is located, & where they may be employed. The Creditor can use this information to seize the property or wages of the Debtor. While the Information Subpoena is most often served on the Judgment Debtor, it may also be served on other individuals or organizations (such as banks) to see if they are in possession of any property owed to or owned by the Debtor.

The Judgment Creditor may obtain an Information Subpoena from City Court for a fee. The City Court will provide you with an Information Subpoena, two sets of written questions and a cover letter. The Judgment Creditor must serve the Judgment Debtor with the cover letter, both sets of questions, and provide a postage pre-paid, addressed return envelope for the Debtor or institution to use to mail the answered questions back to the Creditor. If you do not receive a response to the Information Subpoena, you may commence a contempt proceeding against the individual who failed to answer the Subpoena. A Creditor may commence a contempt proceeding by filing the proof of service (for example: the certified mail receipt) of the Information Subpoena with the Court. The Court will schedule a date for the other party to provide the Information Subpoena to the Court, or appear in Court to explain why the information has not been provided. If that party fails to appear on the date set, the Court will issue a Contempt Order and the person shall be in contempt of court until they provide the information demanded.

Income Execution

If a Judgment Creditor knows where a Judgment Debtor is employed, the Creditor can file or request (depending on Court proceedings) an Income Execution on the wages of the Debtor.

The City Constable, Sheriff, or Local Police will serve the income execution on the Debtor's Employer. If the Debtor is earning sufficient income, the employer must deduct 10% of the Debtor's weekly earnings and transmit to the Sheriff or Local Police. If the Debtor is self-employed, retired or on Social Security, no wages can be garnished.

Personal Property Execution

The Judgment Creditor may file or request a Property Execution asking that the property be seized and sold with the sole proceeds being used to pay off the balance due on the Debtor's judgment. There is no charge for filing or requesting a Property Execution. If a Judgment Creditor knows that the Judgment Debtor owns a car, truck, motorcycle or other personal property of significant value, the Judgment Creditor may file a Property Execution.

If the Judgment Creditor knows that the Judgment Debtor has a bank account at a specific bank, the Judgment Creditor may also use a Property Execution to ask that the money in the bank account be seized and used to pay off the balance due on the Debtor's employer. Before the County Sheriff can seize personal property or assets of the Debtor, the Creditor must first identify the property to be seized.

Filing a Lien at the County Clerk's Office

A Judgment Creditor can make their City Court Judgment more powerful by filing their judgment in the County Clerk's Office. This is accomplished by the Judgment Creditor requesting a "Transcript of Judgment" from the City Court Clerk. The cost for the transcript is $6.00 (payable by cash or money order to the City Court). The Judgment Creditor would file it in the County Clerk's Office FOR AN ADDITIONAL COST (payable by cash or money order to the County Clerk).

Winning a Judgment may be only half the battle…
…collecting the money owed is the other half.

• Information Subpoena
• Income Execution on the wages of the debtor
• Seizing personal property owned by the debtor

1. cars
2. trucks
3. bank accounts

• Filing a lien against real property (land) owned by the debtor

Information Subpoena

Before property can be seized, the Creditor must find and identify what property is specifically owned by the Debtor. It is also the Creditor's duty to locate where the Debtor is employed.

An Information Subpoena is a legal document that requires the Debtor to give written answers to several written questions concerning what property they own, where it is located, & where they may be employed. The Creditor can use this information to seize the property or wages of the Debtor. While the Information Subpoena is most often served on the Judgment Debtor, it may also be served on other individuals or organizations (such as banks) to see if they are in possession of any property owed to or owned by the Debtor.

The Judgment Creditor may obtain an Information Subpoena from City Court for a fee. The City Court will provide you with an Information Subpoena, two sets of written questions and a cover letter. The Judgment Creditor must serve the Judgment Debtor with the cover letter, both sets of questions, and provide a postage pre-paid, addressed return envelope for the Debtor or institution to use to mail the answered questions back to the Creditor. If you do not receive a response to the Information Subpoena, you may commence a contempt proceeding against the individual who failed to answer the Subpoena. A Creditor may commence a contempt proceeding by filing the proof of service (for example: the certified mail receipt) of the Information Subpoena with the Court. The Court will schedule a date for the other party to provide the Information Subpoena to the Court, or appear in Court to explain why the information has not been provided. If that party fails to appear on the date set, the Court will issue a Contempt Order and the person shall be in contempt of court until they provide the information demanded.

Income Execution

If a Judgment Creditor knows where a Judgment Debtor is employed, the Creditor can file or request (depending on Court proceedings) an Income Execution on the wages of the Debtor.

The City Constable, Sheriff, or Local Police will serve the income execution on the Debtor's Employer. If the Debtor is earning sufficient income, the employer must deduct 10% of the Debtor's weekly earnings and transmit to the Sheriff or Local Police. If the Debtor is self-employed, retired or on Social Security, no wages can be garnished.

Personal Property Execution

The Judgment Creditor may file or request a Property Execution asking that the property be seized and sold with the sole proceeds being used to pay off the balance due on the Debtor's judgment. There is no charge for filing or requesting a Property Execution. If a Judgment Creditor knows that the Judgment Debtor owns a car, truck, motorcycle or other personal property of significant value, the Judgment Creditor may file a Property Execution.

If the Judgment Creditor knows that the Judgment Debtor has a bank account at a specific bank, the Judgment Creditor may also use a Property Execution to ask that the money in the bank account be seized and used to pay off the balance due on the Debtor's employer. Before the County Sheriff can seize personal property or assets of the Debtor, the Creditor must first identify the property to be seized.

Filing a Lien at the County Clerk's Office

A Judgment Creditor can make their City Court Judgment more powerful by filing their judgment in the County Clerk's Office. This is accomplished by the Judgment Creditor requesting a "Transcript of Judgment" from the City Court Clerk. The cost for the transcript is $6.00 (payable by cash or money order to the City Court). The Judgment Creditor would file it in the County Clerk's Office FOR AN ADDITIONAL COST (payable by cash or money order to the County Clerk).

A settlement is a voluntary binding agreement that resolves the differences between the parties to a lawsuit. It is put in writing in a document that is sometimes called a "stipulation". In a settlement you can help determine the outcome of a case. In a trial, only a Judge decides its outcome. However, no one can force you to settle a case.

Note: No case should be settled unless and until the settlement has been reviewed by a Judge and you understand the terms of the agreement.

• Parties to a lawsuit are expected to be courteous to each other and to the Court.
• Parties should speak only to the Judge and not to each other when making legal arguments.
• Do not get into an argument with the other side.
• If you disagree with what the other side is saying, tell the Judge, not the other side.
• Do not interrupt someone who is speaking except if, during the trial/hearing, you have an objection. Wait until the other side or the Judge is finished speaking and then say what you want to say.

Note: The Judge is not allowed to have ex parte communications. An ex parte communication is a conversation or writing between a Judge and only one party to a lawsuit when the other side was not notified in advance that the communication would occur. Therefore, a party should not try to contact a Judge without the other side being given a chance to be present at the discussion.

The petitioner generally presents his/her case first.

After being sworn in as a witness, the petitioner will tell his/her version of the claims in the case. The petitioner may offer certain documents into evidence. When the petitioner is finished testifying, the respondent may ask some questions–this is called "cross examination".

The respondent will be sworn in as a witness and tell his/her side of the story and present evidence.

After the respondent has finished testifying, the petitioner has the right to cross examine the respondent.

Parties to a lawsuit have a right to object to the introduction of evidence or the way a questions is being asked or answered. The proper way to object is to say "objection". The Judge may ask what the basis is for the objection and if he/she agrees, the Judge will say "sustained" and the evidence will not be admitted. If the Judge disagrees with the objection, the Judge will say "overruled" and the evidence will be admitted.

Yes, you can use the “Submitted Voucher Report” to see if a voucher has been received and processed for payment. Log on to AFCIV, click “Reports and Extract,” select “Submitted Voucher Report,” enter the date range within which you submitted the voucher electronically in “MM/DD/YYYY” (up to one year), click “Sort By: Submitted,” click “Search.”

If you see an “Appellate Receipt” date listed that means that the AFC Program has received and processed the voucher for payment. Generally a check is cut within a week to ten business days of that date. If the voucher has not been received by the AFC Program and it has been over a month, please re-submit the voucher to the court for judge’s signature. If you see an “Appellate Receipt” date but have no record of receiving a payment, please contact Amy at the AFC Program at [email protected] for assistance.

Contact Amy at the AFC Program at [email protected]. Amy can return the voucher electronically to your “Open Voucher Folder,” so that you can make corrections and re-submit and print.

Disable your pop up blocker then run a “Submitted Voucher Report” to generate a copy of the PDF. To do so, click “Reports and Extract,” select “Submitted Voucher Report,” enter the date range within which you submitted the voucher electronically in “MM/DD/YYYY,” click “Sort By: Submitted,” click “Search.” Highlight voucher you need a copy of and click “Print Preview Voucher.”

To return to the screen where you enter the disposition click, “Open Voucher,” highlight the voucher, click “Select to Update,” this will load automatically to the Activity Sheet, click the tab titled “Dockets” (Top/Left), enter disposition.

The AFC Program can approve interim vouchers under the following circumstances:

1. AFC has been relieved of assignment
2. At the disposition phase of a case where permanency hearings are mandatory
3. Extraordinary Circumstances - The voucher exceeds $4400.00 in services or over 18 months of consecutive work without reaching disposition

To request, please provide the Document ID Number for the voucher and an explanation of the reason.

The warning that indicates an affirmation is required will always remain on the voucher. When you are ready to submit the voucher, just click “Submit and Print Voucher.” A final affirmation screen will appear where you can preview what you have saved, you will check a box under “Warnings Requiring Affirmation, and click “I Affirm.” A PDF of your voucher should then pop up in your window so that you can print.

The best way to resolve a time conflict is to use the “Generate an Activity Extract” report. To do so, click “Reports and Extract,” select “Generate an Activity Extract,” enter the date of the conflict to the same date in “MM/DD/YYYY” format, click “Sort By: Activity Date,” click “Search.”

A window will open that will show you all of the activities billed by the AFC on that date for all of their AFC assignments. You should be able to see the time conflict and resolve accordingly.

Please delete and re-add the court appearance to refresh the data.

Please contact Amy at the AFC Program at [email protected]. Amy can check UCMS, locate the Docket #(s) that the AFC is marked not present on and provide instruction so that the court can correct.

Yes, you will need to complete two separate vouchers. One under the Family Court up to the date of transfer and another under Supreme Court from the date of transfer through disposition. You can submit the Family Court voucher as soon as the case is transferred.

No, on a Supreme Court voucher you will select an in-court code and enter the date manually as you would with an out-of-court activity.

Input the Index Number or the IDV File Number. Please remember that when submitting a voucher for divorce/matrimonial action you are required to attach the Order Appointing you as a State Pay Attorney for the Child to the AFC Voucher.

Generally, the error message means that the court has entered your assignment incorrectly in the court’s database, UCMS. Please contact Amy at the AFC Program at [email protected] for instruction to correct the assignment.

So long as the case was handled together, you can bill more than one Family File # on the voucher. When you create the voucher you will just want to add each of the Family File #’s to the “Selected File #” field and then click “Continue.”

Yes, your AFC Payments can be paid by Direct Deposit. You will use the Vendor Portal to register for Direct Deposit.

First, obtain a user ID and password for the Vendor Portal by contacting the SFS Help Desk by phone: 855-233-8363 or 518-457-7717 or by email: [email protected].

To access the Vendor Portal go to www.sfs.ny.gov. Once you log in to the portal click “Register for ePayments,” then under “Supplier Inquiry Results” click your “Supplier” Number (Vendor ID). After that enter your information, check the box by “I Hereby” and click “OK.”

First, obtain a user ID and password for the Vendor Portal by contacting the SFS Help Desk by phone: 855-233-8363 or 518-457-7717 or by email: [email protected].

To access the Vendor Portal go to www.sfs.ny.gov. Once you sign in go to “Supplier Change Request,” click “Address,” click “Edit.” After editing the address, click “Submit Icon” along the top of the screen. Select a “Reason for Change” enter comments if you have any, click the box “Confirm Changes” then click “Submit.”

If you do not see the address change reflected automatically in your AFC Profile within two weeks of submitting the change request, please contact the AFC Program.

Please contact the AFC Program to make sure we have the correct address in our internal database. In order to update the address associated with your Vendor ID Number you will need to log in to the Statewide Financial System (SFS) Vendor Portal.

Yes, it is extremely important to keep your AFC Profile up-to-date. Through AFCIV you can update your phone number(s) and email address and our office will be automatically notified of the update.

1. Password must contain a minimum of 10 characters
2. Password must contain three of the four: upper case, lower case, number or special character
3. Password cannot be one you have ever used before
4. Password cannot contain your name or user ID

We do not have access to password information but you can create a new password. Please bookmark the link so that if you forget your password in the future, you’ll be able to reset without delay.

Generally, your user ID is either your first initial, last name, all lower case, one word or your attorney registration number.

Please make sure to sign and date the voucher then send the original voucher, with a copy of YOUR BRIEF and a copy of the APPELLATE DIVISION DECISION. If you do not enclose your brief and the Appellate Division decision with your voucher, your voucher will be returned to you, which will result in a delay in processing and payment.

Send your voucher with receipts (e.g., postage over $15.00, parking over $5.00, and tolls) and any required affirmations directly to the Office of Attorneys for Children at:

Office of Attorneys for Children
Appellate Division, Fourth Department
50 East Ave.
Rochester, New York 14604
Attention: Deputy Director, Adam Oshrin

In the disposition section, please explain the outcome of the appeal, e.g., Family Court Order Affirmed.

Under the statewide Practice Rules of the Appellate Division, per 22 NYCRR 1250.9, on concurrent appeals from a single order or judgment, or on cross appeals, the appealing parties shall file a joint record and shall share equally the cost of the record. Accordingly, if you are appealing as AFC, and another party is also appealing, please contact the other party and make arrangements to split the cost of the record, including transcripts. Pursuant to the AFCIV Manual and Reimbursement Guidelines, transcript costs are paid by the AFC Program directly to the stenographer or transcriber. The AFC should not pay the stenographer or transcriber. Please see page 10 of the Reimbursement Guidelines for more information, including the rate for transcript preparation. Please advise the other party that the AFC Program does not pay for fees to professionally prepare and/or file and serve records and briefs.

No. The AFC Program does not pay for fees to professionally prepare and/or file and serve records and briefs. The rules of the Appellate Division expressly allow records and briefs to be reproduced by “any method that produces a permanent, legible, black image on white paper...” (e.g., simple copying). “Binding” can be stapling (see 22 NYCRR 1250.6 [b]; [c]). Filing and service can be effected by mailing with the U.S. Postal Service or by use of a delivery company such as FedEx.

As a general rule, you cannot be reimbursed for overnight mailing expenses. The exception would be if there is a very short filing deadline, e.g., on a motion for leave to appeal.

Yes. We reimburse for copies at the rate of 15 cents per page without a receipt. You must specify in the activity description the number of copies and what document you are copying. Similarly, you must specify what you are mailing and the postage fee. Receipts must be submitted for postage over $15.00.

The cap on travel/mileage does not apply to travel to and from Oral Argument.

Yes, you can bill for your travel and mileage costs on appeal but you must specify where you are traveling to and from. You must state the office address you are traveling from, and at a minimum, the street name, town and zip code you are traveling to. You must submit receipts or a copy of your E-Z Pass statement for Thruway tolls. Receipts are required for parking fees over $5.00.

If you are billing an A Code, Review of Documents, you must specify what you are reviewing, e.g., Review Notice of Appeal. If you are billing a D Code, Phone/Correspondence you must specify who you are corresponding or speaking with or what you are composing, e.g., phone call with Petitioner Mother or draft letter to Petitioner’s Attorney. Please specify your research topics when billing an F Code, Legal Research. For further clarification please refer to the AFCIV Reimbursement Guidelines, pg. 13.

No. You cannot combine activity codes. You must break down activities by proper codes. For example, the time spent researching would be coded as an F Code, Legal Research. The time spent drafting your brief would be coded as an E Code, Legal Drafting. For further clarification please refer to the AFCIV Reimbursement Guidelines, pg. 13.

Time spent waiting for Oral Argument (outside the presence of the justices) should be coded as an H Code, Out-of-Court All-Other.

The time spent for Oral Argument should be coded as in-court time. In-court time is defined as time spent in the presence of the justices.

Per Guidelines for AFC in the Fourth Department, AFC are expected to attend oral argument. If you do not attend, you will need to attach an affirmation through AFCIV explaining why you were unable to attend Oral Argument.

No. You cannot submit an interim voucher on appeal. You must wait until after Oral Argument, and receipt of the Appellate Division decision.

All appeal vouchers should have AP - Appeal for their proceeding code. If you do not select the proper proceeding code, the voucher will be returned to you (the AFC Program cannot fix it on our end), which will result in delayed payment.

A state jail time application must be submitted to the NYS Division of Parole. Any sentence from another jurisdiction should also be submitted to the NYS Division of Parole. For example, Federal Court should also be submitted to the NYS Division of Parole.

Any city time, split sentence, or any out sentence (probation CD or any other out sentence) must be submitted in this court located at 320 Jay Street Brooklyn, NY 11201. Applications should be submitted at the 13th floor information counter and an I & S should be given to the NYC Department of Probation, with a six week adjournment date. A Certificate and Probation report will be given to the sentencing judge. If the sentencing Judge is no longer available on the date the application is submitted, the application would then be assigned to the Judge in the miscellaneous motions part.

For an appeal voucher, enter the CAF (or CA) Number. This is the Appellate Division’s docket number.

You will select the "4th Dept. Appellate Division" as your court on AFCIV.

You may include time spent on a motion for leave to appeal to the Court of Appeals on your Appellate Division voucher. If you prefer, you can voucher the time spent on the Appellate Division matter when the decision is released, and then submit a supplemental voucher for time spent on the motion for leave. If the motion for leave is granted, you will need to start a new voucher for the Court of Appeals matter. Vouchers for work done on Court of Appeals matters should be submitted to the AFC Program. The Court of Appeals decision must be submitted with your voucher.

There is a charge for a single statewide search. Searches are conducted by the Office of Court Administration's Criminal History Record Search Unit based on the complete name and date of the birth of the individual in question. Its address and phone number are:

Criminal History Record Search Unit
Office of Court Administration
25 Beaver Street
New York, NY 10004
212-428-2810

No. You must complete two separate vouchers. One for the work completed at the Family Court or Supreme Court level and one for the work completed on appeal.

To obtain a Certificate of Disposition, a ten dollar ($10.00) fee is required. They can be obtained from the Criminal Term Clerk's Office, Room 13.06.

You will complete a voucher for appeal on the Attorneys for Children Internet Voucher System (AFCIV).

Pursuant to Section 7.2 of the Rules of the Chief Judge, the AFC must consult with and advise the child to the extent and in a manner consistent with the child’s capacities, and have a thorough knowledge of the child’s circumstances. See Matter of Mark T. v Joyanna U., 64 AD3d 1092 (3d Dept 2009); Matter of Jennifer V.V. v Lawrence W.W., 241 AD3d 622 (3d Dept 2020). If you do not meet with your client, you are required to submit an affirmation explaining why you did not meet with your client. Encountering difficulty in scheduling a client meeting does not excuse you from this duty.

Contact the court by writing: Kings County Supreme Court, Criminal Term Clerk's Office, Room 13.06, Brooklyn, NY 11201-3712.

Make an application to the Judge hearing your case.

Contact the Motion Clerk's Office at the above address, Room 13.53, phone number 347-296-1280.

If it appears that the AFC has violated Guidelines for AFC in the Fourth Department or Ethics for AFC your complaint will be photocopied and mailed to the AFC for response. After the AFC’s response has been reviewed, you will be notified by letter of the outcome of the complaint.

Report to Court the next business day at the Criminal Term Clerk's Office, Room 13.06 at the above address.

Please note that complaints are not accepted by email. To file a complaint about your child’s attorney after your case has been concluded through appeal (if any), send a letter by mail detailing the reason for your complaint to:

Linda Kostin, Director
Office of Attorneys for Children
Appellate Division, Fourth Department
M. Dolores Denman Courthouse
50 East Ave.
Rochester, New York 14604

After the matter has been concluded, through appeal (if any), you may submit a complaint by mail to AFC Program Director Linda Kostin. While the matter is pending, concerns regarding your child’s AFC should be directed to your attorney or the court that assigned the AFC. The AFC Program will not accept complaints while a matter is pending in front of a judge.

Contact the Chief Court Reporter at 347-296-1381 or 347-296-1382.

No, AFC are appointed by judges or court attorney referees (CARs), not the AFC Program. Only judges or CARs have authority to remove and replace an AFC.

Please refer to Guidelines for Attorneys for Children in the Fourth Department and Ethics for Attorneys for Children.

If the case is pending, you should contact your attorney. If the case is finished, you should go to the Criminal Term Record Room at the above address located in the Central Clerk's Office.

Please contact the court in which your matter is pending or your attorney for contact information for your child’s attorney.

Contact your attorney of record.

Yes, the AFC Program has the authority to pay reasonable expenses of representation, e.g., compensate non-attorney experts, such has investigators, physicians, mental health professionals and social works for services on behalf of AFC clients that are necessary to assure effective representation. The AFC Program is not authorized to pay for expert services for a participant in a proceeding other than the client, or for services unrelated to the client’s representation, such as treatment or counseling. Please see pages 10 and 11 of the Reimbursement Guidelines for information about hiring and paying an expert.

Contact the Criminal Term Clerk's Office at the above address located in Room 13.06. The phone number is 347-296-1076.

By subway, you can take the M, N, R to Court St.; 2, 3, 4, 5 to Borough Hall and A, C, F to Jay St./Borough Hall.

Yes, but the budget for transcripts is limited. Ordinarily, the AFC Program will pay for transcripts where the client is the appellant or where an AFC has been substituted and the substituted AFC needs the transcript because they were not present at a hearing. Transcript charges greater than $500.00 must be approved by the AFC Program Director Linda Kostin [email protected] or Deputy Director Jennifer McLaren [email protected]. This limitation does not apply when the child client is the appellant on an appeal. Do not pay for transcripts out of pocket. The AFC Program will reimburse the transcriber directly. AFC must not order expedited transcripts as the AFC Program is not authorized to pay for expedited transcripts. At the trial level, the rate for transcript preparation is $2.50 per page. For appeals, the rate is $2.50 per page and $1.00 per page for a copy. Please see pages 13 and 14 of the Reimbursement Guidelines for information on obtaining trial transcripts.

Normal hours are 9 a.m. to 5 p.m., Monday through Friday.

No, the AFC Program is unable to pay attorneys for work as guardians ad litem (see CPLR 1204).

You must be on a felony 18b panel to apply to join the AJD panel. Submit the JD Panel Application available on our website. If your application is accepted, you will be required to complete training videos available on our website prior to being designated to the AJD panel. See 22 NYCRR 1032.4 (b) for more information.

Yes, Appeals Voucher FAQs are available on the AFC Program website.

Pursuant to Family Court Act Section 1120 (b), the AFC’s assignment continues on appeal unless the Appellate Division grants the AFC’s application for substitution. If you do not want to continue as the AFC on appeal, you should request substitution within 30 days of service of the notice of appeal, to ensure that the child is timely and appropriately represented on appeal. Submit a letter requesting substitution on appeal to AFC Program Deputy Director Jennifer McLaren via mail or scanned email: [email protected].

1. Sign the letter yourself (no secretary’s signature, stamped signature, etc.)
2. “cc” all counsel and any pro se parties on the letter requesting substitution
3. Along with the letter requesting substitution, enclose copies of the following:
   1. notice(s) of appeal;
   2. affidavit of service if the AFC served a notice of appeal;
   3. order(s) appealed from; and
   4. decision, if any.

More information about appeals can be found in Guidelines for Attorneys for Children in the Fourth Department, beginning on page 59.

Complete the AFC Appeals Panel application available on our website and submit it to the AFC Program together with a recent brief or other substantive writing sample. If your application is accepted, you will be required to watch certain online training videos available on our website prior to receiving appeals assignments.

Yes, you can add an additional county panel if it is contiguous to a panel to which you have already been designated. Complete the application and affirmation to add a county panel available on our website and submit them to the AFC Program. You must submit a separate application and affirmation for each county you are seeking to add. AFC may be on the panel in a maximum of four counties.

To be on the private pay AFC list, you must:

1. Be designated to the state pay AFC panel in the same county;
2. Complete the Part 36 application through the Office of Guardian & Fiduciary Services; and
3. View the Part 36 training video available on the AFC Program website.

320 Jay Street
Brooklyn, NY 11201-3712

Yes, AFCIV Frequently Asked Questions can be found on our website.

AFC are reimbursed for their work through submission of an online voucher, completed through the Attorneys for Children Internet Voucher System (AFCIV). To register for AFCIV, please contact Amy Hugyecz [email protected].

Your training expires on March 31 of the year that appears after your name on the AFC panel list posted on our website.

To remain on the panel an AFC must:

1. Submit an annual Redesignation Application by January 2 each year and be found qualified for redesignation.
2. Complete the biennial continuing education and training requirement by:
   1. Attending a minimum of 5.5 hours of AFC Program webinars; or
   2. Watching at least 5.5 hours of CLE videos on the AFC Program link to the Appellate Division, Fourth Department website; or
   3. Attending/viewing a combination of webinars and videos totaling a minimum of 5.5 hours; or
   4. Attending an in-person AFC Program seminar.
3. Accept one assignment every two years, at a minimum.

See 22 NYCRR 1032.4 (c) and 1032.5 for further information.

Please visit the Become an AFC page on our website.

If you would like to receive the application to attend the next introductory webinar, please contact Jennifer Kohler [email protected].

Any additional questions regarding becoming an AFC may be addressed to AFC Program Deputy Director Jennifer McLaren [email protected] or 585-530-3176.

Yes, please contact AFC Program Deputy Director Jennifer McLaren [email protected] or 585-530-3176 to be connected with an AFC to shadow.

To become an AFC:

1. You must be a member in good standing of the Bar of the State of New York and in any other jurisdiction in which you are admitted to the practice of law.
2. You must complete the AFC Program’s Introductory Training. Introductory training is typically offered annually in April and October.
3. Within the past four years, you must have or obtain experience in the representation of children by substantial participation, either as counsel of record or as co-counsel, in:
   1. A juvenile delinquency or person in need of supervision proceeding; and
   2. A child abuse, child neglect, or termination of parental rights proceeding; and
   3. A custody or visitation proceeding; and
   4. Participated as counsel or co-counsel in, or observed, two hearings in Family Court at which testimony is taken. Child support hearings cannot be used to satisfy this requirement.
4. You may not be employed full-time by any governmental agency without the express written permission of the employer, Family Court, and the Attorneys for Children Program.

See 22 NYCRR 1032.4 (a) for additional information.

The appeal or proceeding is still pending before the Court. Check subsequent decision-order release dates.

Generally, decision-orders are released two weeks after the conclusion of the term and are posted at 3:00 P.M.

Yes. The rules of the Court require a party to notify the Court when an appeal or proceeding is withdrawn or settled and the failure to do so may subject a party to sanctions (see 22 NYCRR 1000.18 [c]; 1000.19 [b]).

No. The Court staff is not permitted to interpret or attempt to clarify a decision or order of the Court. Your remedy is to file a motion for reargument or clarification.

A motion to vacate the dismissal of an appeal may be made within one year of the date of dismissal. The Court requires, in support of the motion, an affidavit setting forth good cause for vacatur of the dismissal, an intent to perfect the appeal within a reasonable time, and sufficient facts to demonstrate that the appeal has merit (see 22 NYCRR 1250.10 [c]).

• Prepare a proposed order to show cause and supporting papers (the necessary supporting papers are the same as when proceeding by notice of motion);
• Call the Clerk’s Office (585-530-3100) when you are ready to submit your papers and request the name of the Justice assigned to motions in the appropriate Judicial District. An application for an order to show cause pursuant to 22 NYCRR 1250.4 (b) must be directed to a Justice of this Court with chambers in the Judicial District from which the appeal or proceeding arises (see 22 NYCRR 1000.4);
• Serve the proposed order to show cause and supporting papers upon the other parties to the appeal or proceeding;
• Contact the chambers of the assigned Justice prior to submitting the papers to advise of the impending application and for further instructions;
• 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).

Any request for an extension of time to file answering or reply papers pursuant to 22 NYCRR 1250.4 (a) (5) must be made by motion, and supported by an affidavit demonstrating with particularity a reasonable excuse for the delay and an intent to file the papers within a reasonable time (see 22 NYCRR 1000.4 [d]).

One adjournment, for a period of 7 to 14 days, is permitted upon written consent of the parties to the appeal, filed no later than 10:00 a.m. on the return date (see 22 NYCRR 1250.4 [a] [9]).

No. Oral argument is not permitted (see 22 NYCRR 1250.4 [a] [8]).

Unless otherwise required by statute, rule or order of the Court or any Justice thereof, the papers on a motion or cross motion must include the original notice of motion, supporting affidavit(s), and proof of service of the motion on all parties, a copy of the notice of appeal or other document which first invoked the jurisdiction of the Court, with proof of filing and proof or admission of service, and a copy of the order, judgment or determination sought to be reviewed, along with the court’s decision, if any (see 22 NYCRR 1250.4 [a], 1000.4 [a]).

All motions initiated by notice of motion must be filed with the clerk at least one week before the return date (see 22 NYCRR 1250.4 [a] [2]). Original answering and reply papers, with proof of service, must be filed no later than 4:00 P.M. of the business day preceding the return date (see 22 NYCRR 1250.4 [a] [5]).

Unless otherwise required by statute, rule or order of the Court or any Justice thereof, motions must be made returnable at 10:00 a.m. on any Monday, or the first business day of the week if Monday is a holiday (see 22 NYCRR 1250.4 [a] [1]). At least 8 days’ notice is required for motions that are personally served; 13 days’ notice is required for motions that are served by regular mail; 9 days’ notice is required for motions that are served by overnight delivery (see 22 NYCRR 1250.4 [a] [4]). In computing the notice period, the date upon which service is made shall not be included (see General Construction Law § 20).

The originals of all submissions must be filed, together with proof of service upon all parties entitled to notice (see 22 NYCRR 1250.4 [a] [2]).

Yes. The fee is $45 (see CPLR 8022 [b]) payable by attorney check, certified check or money order made payable to the Appellate Division, Fourth Department (no cash, personal checks or credit cards are accepted). There is no fee for motions in which poor person relief is requested, motions in matters in which poor person relief has been granted, motions made by an Attorney for the Child, or motions with respect to a criminal appeal.

Yes. Post-argument submissions may be made within 5 business days of oral argument. The Court requires six copies and proof of service of one copy on the opposing party (see 22 NYCRR 1250.15 [d]; 1000.15[e]).

Send a written request to the Clerk, copying in opposing counsel.

No. Rebuttal is not permitted and no time may be reserved by counsel for the purpose of rebuttal (see 22 NYCRR 1000.15 [d][3]).

No. The names of the Justices on the panel will not be released until the morning of oral argument.

No. The Clerk's Office will not estimate the time that a particular case will be called for argument. An attorney scheduled to argue shall check in with the receptionist in the Clerk's Office prior to 10:00 A.M. If counsel is not present in the courtroom when his or her case is called, the matter is deemed submitted (see 22 NYCRR 1250.15 [c][4]).

Once a specific date has been given for oral argument, any request to move that argument date must be made on motion. If an emergency arises that renders motion practice impracticable, the Court may consider a request submitted in letter form.

You should notify the Clerk in writing within 15 days of the date that the scheduling order was mailed of your unavailability for oral argument on a specific date or dates during the term (see 22 NYCRR 1000.15 [b]). If a scheduling conflict arises at a later time, but before a specific date for oral argument has been set, the Clerk should be notified in writing as soon as possible.

A reply brief is due within 10 days of service (not receipt) of the respondent's brief. If the respondent's brief is served by mail, five days are added to the prescribed period (see CPLR 2103 [b] [2]). If the respondent's brief is served by overnight delivery, one day is added to the prescribed period (see CPLR 2103 [b] [6]).

Yes.

Yes. Replacement briefs merely correcting typographical errors will be accepted, provided that the corrections are de minimis and are accompanied by proof of service on opposing counsel. Substantive changes to a brief must be made on motion.

No. Once a brief is filed with this Court, a party must make a motion to add to, or amend, the brief.

No, unless submitted in text form to the trial court (see 22 NYCRR 1250.7 [e]).

No. The parties themselves must work out any disagreement as to what documents should be included in the stipulated or certified record on appeal. If an agreement cannot be reached, a motion should be made to the trial court to settle the record (see 22 NYCRR 1000.7 [b]).

The filing fee is $315, payable by attorney check, certified check or money order made payable to the Appellate Division, Fourth Department. There is no filing fee for criminal appeals or appeals in which the appellant has been granted permission to proceed as a poor person.

When a transfer order has been granted, that order together with all the underlying papers, including pleadings, must be filed with the County Clerk, which will thereafter transmit the papers to the Appellate Division. Assuming that all the necessary papers have been filed and transferred, the parties need not submit additional papers other than briefs as required by 22 NYCRR 1000.12.

No. In order to be considered timely, a filing must be physically received at the Appellate Division on or before the date it is due.

Civil appeals that must be perfected within six months of the date service of the notice of appeal (see 22 NYCRR 1250.9[a]).

Family Court appeals in which the Court has assigned counsel must be perfected within 60 days of receipt of the transcript (see Family Ct Act § 1121 [7]).

Criminal appeals in which the Court has assigned counsel must be perfected within 120 days of receipt of the transcript (see 22 NYCRR 1021.1 [a] [3]).

The notice of appeal should be filed with the clerk of the court where the action was commenced (see CPLR 5515 [1]).

The County Clerk is the clerk of Supreme and County Courts. A notice of appeal from a Family Court or Surrogate’s Court matter should be filed with the clerk of that court.

All decisions (other than some attorney disciplinary matters that are by statute confidential) are public documents and accessible to the public and will appear on the internet.

No. Once a decision is issued, it is final. Litigants who seek additional review of this Court's decisions need to make an appropriate motion before this Court (i.e. for reargument, leave to appeal to the Court of Appeals) or for other appropriate relief where available (appeal to the Court of Appeals).

No. The decision speaks for itself and Court staff are not permitted to explain the decision.

Decisions are published on the Court's website on the day they are handed down and in E-Filed cases, a copy of the decision is uploaded to NYSCEF. The Court also emails or mails a copy of the decision to incarcerated individuals. Otherwise, you need to check the Court's website to see the decision.

The Court traditionally hands downs decisions every Thursday before Noon. In most instances, a decision will be issued approximately 6-10 weeks after the matter is heard by the Court (i.e. the date of oral argument or submission).

All of the Court's oral arguments are live streamed and available to be watched through the Court's website. Archived oral arguments are also available.

The Third Department hears oral arguments in person at the Robert Abrams Building for Law and Justice in Albany. The Court encourages in-person appearances for oral argument, to the extent possible and practicable. However, in the interest of promoting access to justice, the Court may also permit remote oral arguments under certain circumstances. To request permission to appear remotely for oral argument, please email the Third Department's Clerk's Office at [email protected] as soon as your case is calendared for a term, on notice to all parties, and set forth the reason(s) that you are requesting to appear remotely.

Your failure to timely notify the Clerk's office of a calendar change may ultimately lead to the imposition of costs.

Yes. You should notify the Clerk's office at least 24 hours PRIOR to argument of any changes to the calendar including submissions or attorney changes.

Send an email (through NYSCEF in E-Filed cases) to the Court on notice to all parties explaining that you are requesting to present oral argument.

An appellant may request to save some of their allotted time for rebuttal - to speak after respondent has provided their argument. In such a case, the appellant must ask the Presiding Justice or Justice Presiding at the beginning of their argument to reserve time for rebuttal. A respondent is not allowed to present rebuttal argument.

The amount of time you will be given to present your argument to the Court will be shown on the Session/Day calendar and will depend upon a variety of factors such as how many people are presenting arguments in your case.

No, you may opt to submit the case for the Court to decide the issues based upon the brief you submitted. However, oral argument is strongly encouraged.

The panel of judges assigned to hear each case is made public on the Session/Day calendars, which are released about a week prior to the opening of each month's term.

The fee for filing a motion or cross motion regarding a civil appeal or special proceeding is $45 (CPLR 8022 [b]). However, there is no fee for a motion or cross motion that seeks a waiver of costs, fees and expenses pursuant to CPLR 1101 (a). Additionally, no fee is required for a motion or cross motion made in the context of an unemployment insurance appeal.

Requests for additional time to answer a motion may be made by letter to the Court's motion department or submitted via email to [email protected], on notice to each party to the appeal or proceeding.

One adjournment, for a period of 7 or 14 days, shall be permitted upon written consent of the parties to the appeal, filed no later than 10:00 a.m. on the return date (22 NYCRR 1250.4 [a] [9]). Alternatively, a request for an adjournment, supported by a showing of good cause, may be made by letter to the Court's motion department or submitted via email to [email protected], on notice to each party to the appeal or proceeding.

The Court does not call a motion calendar and no appearance on the return date is permitted or required (22 NYCRR 1250.4 [a] [8]).

All motions are submitted.

Only the original is required.

A motion brought on by notice of motion must: (1) be made returnable at 10:00 a.m. on a Monday, or if Monday is a legal holiday, the first business day of the week (22 NYCRR 1250.4 [a] [1]), (2) be served in accordance with CPLR 2103 and (3) must be made on notice as required by CPLR 2214. The return date of a motion brought on by order show cause and the method and time of its service are fixed by the Justice who signs the order to show cause. All motions are returnable at the Appellate Division courthouse in the Robert Abrams Building for Law and Justice, P.O. Box 7288, Capitol Station, Albany, New York 12224-0288.

Once notice has been provided to the Court pursuant to 22 NYCRR 850.4 (b) (1), the party seeking relief will be advised as to when and where the order to show cause may be presented for signature.

Where compliance with the terms of a judgment or order during the pendency of an appeal threatens to change the status quo and render that appeal academic, the appellant may seek a stay of enforcement pursuant to CPLR 5519. Where ongoing acts not commanded or forbidden by the judgment or order would similarly tend to render the appeal academic, the appellant may move for an injunction pursuant to CPLR 5518. In either case, if the threat of change is imminent, the appellant may bring on a motion for a stay or injunction by an order to show cause containing a temporary restraining order (TRO) that would maintain the status quo during the pendency of the motion (CPLR 5518; see also Family Ct Act § 1114 [b]).

A party seeking a temporary restraining order must give reasonable notice to their adversaries of: (1) the date and time, and location where the order to show cause will be presented and (2) the relief being requested. The proposed order to show cause must be accompanied by a copy of the papers the party seeking relief intends to present to the Court for filing (22 NYCRR 1250.4 [b] [2]; 850.4 [b] [1]). Absent exigent circumstances, the custom is to provide such notice by telephone or email at least 24 hours in advance. In addition to the notice required by 22 NYCRR 1250.4 (b) (2), the party seeking relief is also required to provide advance notice to the Court of its intention to present the application or order to show cause (22 NYCRR 850.4 [b] [1]).

If a party needs to seek incidental relief from the Court during the course of an appeal or proceeding, such party must make a motion, which may be brought on by a notice of motion or order to show cause. Motion practice in this Court is governed by Section 1250.4 of the Practice Rules of the Appellate Division and Section 850.4 of this Court's rules (22 NYCRR 1250.4, 850.4). All-purpose motion forms, with instructions, are available on this Court's website at www.nycourts.gov/ad3.

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The $315 filing fee is due upon the filing of the Record on Appeal. For appeals perfected via E-Filing, the fee is paid through NYSCEF. Otherwise, the court will accept fees in the form of a law firm check, bank check or money order (payable to State of New York). Personal checks are not accepted.

Appellant/Appellant's Counsel's may request to move an appeal to the next term by letter uploaded to NYSCEF, or alternatively, emailed to [email protected] if it is not an E-Filed matter. The respondent(s) must have the consent of the appellant's counsel before such request would be considered.

When a case is scheduled for a court term, you will be given an opportunity to notify the Court of dates you will not be available during the term. The Court makes every reasonable attempt to accommodate your availability, however, you must provide the Court with as much notice as possible of the dates you are not availed.

Upon receipt of the responding brief(s), the Clerk's Office will issue a Scheduling Memorandum which states the Term of the court the matter will be on.

The Schedule of Term lists all the sittings days. The April term runs into the first week of May while the May Term runs into the first week of June.

Term Calendars are posted to the Court's Website about 5 weeks before the opening of a term. This will list all cases, both argued and submitted, to be considered for a particular term and will be broken down by their assigned day.

Session Calendar (aka Day Calendars) are available on the Court's Website one week before the opening of the term. This calendar details each day's panel of justices, the time of oral argument, the order of cases and the amount of time allotted to each arguing party.

A case is scheduled for a specific court term (month) upon the filing of all responding briefs.

Properly filed and served letter applications for extensions of deadlines are granted as a matter of course. While you will hear back from the Clerk's Office - either by NYSCEF comment or email - confirming the extended deadline, the extension itself is secured at the time the timely request is properly filed.

In an e-filed appeal, your letter application should be uploaded to NYSCEF. In a hard-copy-only appeal, your letter application should be emailed to the Clerk's Office at [email protected]. Notice should be provided to all other parties in accordance with whatever methods of service you agree on.

A respondent's brief must be filed within 30 days of the date of service of the appellant's brief (22 NYCRR 1250.9 [c]). Requests for an extension of time to file a respondent's brief can be made by a letter (through NYSCEF in an E-Filed case) on notice to all parties. Alternatively, the parties may stipulate to said extension. Two separate requests of up to 30 days each may be made in this manner and any additional request for an extension must be made by motion (22 NYCRR 1250.9 [g]), and shall be supported by an affidavit setting forth a reasonable excuse for the delay and an intent to file and serve the brief within a reasonable time (22 NCYRR 850.9 [d]).

Pursuant to the Practice Rules of the Appellate Division, unless the Court has directed that the appeal be perfected within a particular time, an appellant may seek up two extensions of time to perfect an appeal. The first request may be for up to 60 days and the second request may be up to 30 days. To request those initial extensions, the appellant can make a request by letter (through NYSCEF in an E-Filed case), on notice to all parties. Any additional requests for an extension of time to perfect an appeal must be made by motion (22 NCYRR 1250.9 [b]) and shall include an affidavit/affirmation setting forth a reasonable excuse for the delay and an intent to prefect the appeal within a reasonable time (22 NCYRR 850.9 [c]).

No. The Practice Rules of the Appellate Division (22 NYCRR 1250.8 [f], [g]) set forth the word limitations for briefs. A party may make an application for permission to file an oversized brief as set forth in Rule 1250.8 (h).

No. Email is not an acceptable method to file documents.

No. An appendix may only include portions of the Record on Appeal.

No.

When a single copy of the Record on Appeal is filed, all parties must agree to the contents of that record. Appellant or their counsel will serve opposing counsel with a request/demand to stipulate (sign the CPLR 5532 stipulation) to the correctness of the record.

Because the Appellate Division is an appellate court, it will need to review the papers that were considered by the trial court. The Record on Appeal contains all the documents that were considered by the trial court and will also include, among other things, the decision/order/judgment on appeal, the Notice of Appeal and certain statements required by the CPLR.

An appellant can either proceed with a fully reproduced record or a single copy of the record, and where a single copy of the record is used, you may also be required to file an Appendix. An appendix contains the relevant portions of the Record on Appeal that you are citing to in your brief.

Yes, the Third Department requires hard copies of all briefs and reproduced Records on Appeal (12 NYCRR 1250.9 [a], [c]).

Your information - including your email address - in NYSCEF is the information on record with Attorney Registration. Court staff is unable to change this information for you. To update/correct this information, kindly visit the Attorney Registration Page at www.nycourts.gov.

No. Unless a party is exempt from E-Filing, there is no need to serve hard copies as documents are deemed served upon upload into the NYSCEF system so long as more than 20 days have elapsed since service of the Notification of Case Number (see 22 NYCRR 1245.4 [b]; 1245.5).

Not if the appeals arise from the same commencing documents and the intention is to perfect the appeals in one record.

All matters other than professional matters such as attorney disciplinary matters, are subject to mandatory E-Filing at the Third Department, except for exempt matters. Exempt matters are any matters where the appellant - the party filing the notice of appeal - is not represented by an attorney. Generally speaking, self-represented (pro se) litigants are not required to E-File but may opt to do so.

No. NYSCEF at the appellate level is separate from the trial court. To E-File a matter at the appellate level, you must register the Notice of Appeal in NYSCEF and request a case number from the Third Department. The trial level NYSCEF does not carry over to the appellate level. For more information regarding NYSCEF at the Third Department, see the Appellate Division E-Filing rules (22 NYCRR part 1245) and detailed instructions on the Court's E-Filing page.

E-Filing is done through the New York State Courts Electronic Filing System (NYSCEF) and can be accessed via the NYSCEF website.

Please contact the Administrative Judge's Chambers at 347-296-1200.

Please visit the Kings Criminal Supreme Court’s website and click on “Court Tours.”

Pursuant to Rule 1250.2 (b), if your appeal has not been perfected, you may file (through NYSCEF in an E-Filed case) a letter on notice requesting the appeal be withdrawn.