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208.40 Arbitration (3) Debt buyer means a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney for collection litigation. (c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed. As you will note, several OSA-represented titles will be eligible to file for exams this year: Staff Analyst and Associate Supervisor of School Security (in May, 2023) and Staff Analyst Trainee in June, 2023). Subject to the provisions of section 208.25 of this Part, no delay will be permitted in selection of a jury, and failure of counsel to proceed as directed or to appear promptly at the directed time on the specified court day will be treated as a calendar default. Between positions assigned to different negotiating units: . If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. endstream endobj 65 0 obj <>stream If you wish to present a counterclaim against the claimant, you must do so by filing with the Clerk of the Court a statement containing such counterclaim within five days of receiving this notice of claim. Section 208.13 Exchange of medical reports in personal injury and wrongful death actions. YOU MAY HAVE TO PAY OTHER COSTS TOO!! Civil Service makes the determination that service in certain titles qualifies you for appointment to other titles. This site is updated frequently as new announcements are added. Historical Note A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section. 6. benefit corporation having responsibility for enforcing the criminal Only employees in permanent competitive class titles can transfer, but NO, they are not limited to only one transfer in their State career. filed Feb. 23, 1987 eff. These addresses are: Bronx County Amended (d). Civil Service. Notwithstanding the provisions of You already receive all suggested Justia Opinion Summary Newsletters. PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED). Section 208.11 Motion parts; motion calendars; motion procedure. The Civil Service Employees Association, Inc. 143 Washington Avenue . (a) No execution may be issued against any party who has appeared by an attorney in an action or proceeding unless a copy of the judgment has been duly served upon the attorney for such party. A career or career-conditional employee of one agency may transfer, without a break in service of a single workday, to a competitive service position in another agency without competing in a civil service examination open to the public. Rensselaer County 1600 7th Avenue Troy, NY 12180 County Clerk: 518-270-4080 Sheriff: 518-266-1900 County Office Building: 518-270-2900 Photo Credit: Fred McCag. (4) After the first hearing, neither party may withdraw from the arbitration unless both parties consent to, or the arbitrator directs, a discontinuance of the proceeding. PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED). Section 52.6 of the Civil Service Law allows transfer between administrative titles at the same or similar salary grade. Where the process server is licensed, he or she also shall bring the license to the court. For good cause shown, and in the interests of justice, the court in an action or proceeding may waive compliance with any of the rules in this Part, other than sections 208.2 and 208.3, unless prohibited from doing so by statute or by a rule of the Chief Judge. Civil Service Rule 5.4 Official Compilation . Usually the employee must pass an examination open to the public for the title before transfer can be approved. A preliminary conference calendar is for the calendaring for conference of cases after issue has been joined for specific classes of cases designated by the Chief Administrator of the Courts. The final determination on whether or not a transfer will be allowed is the responsibility of Human Resources, and requires the approval of the Department of Civil Service. "Uniformed Force Managers" are in the civil service titles, ranks, details and assignments listed in PO 88/6, Lump Sum Payment on Final Separation of Uniformed All pleadings served. Search Our Quicklinks. New York Codes, Rules and Regulations. c. Reinstatement by Civil Service Commission Action: Pay salary attained prior to separation, plus any performance advancement that may have been earned but not paid at the time of separation, plus any general salary increases to which the employee would be eligible under the rules for such increase. A copy of the order shall be served on the calendar clerk and the case shall receive a new calendar number followed by the letter "R" to designate the case as having been restored. Sec. (a) There shall be compliance with the procedures prescribed in the NYCCCA and the CPLR for the bringing of motions. Civil Court of the City of New York (a) Upon the trial of an action, the following papers, if not yet submitted, shall be submitted to the court by the party who has filed the notice of trial: (1) copies of all pleadings, marked as required by CPLR 4012; (2) a copy of any statutory provision, in effect at the time the cause of action arose upon which either the plaintiff or defendant relies; and. Service is deemed complete for the purposes of section 410(b) of the New York City Civil Court Act upon receipt of the electronic proof of service by the NYSCEF site. (b) Unless the clerk shall require the claimant, pursuant to NYCCCA 1810- A, to apply to the court for leave to prosecute the claim in a commercial claims part, the clerk shall reduce to a concise written form and record in a special docket the information contained in the application, and shall give to the person who signed the statement a memorandum of the time and place set for the hearing, which shall be as soon as practicable and shall advise such person to produce at the hearing supporting witnesses, account books, receipts or other documents required to establish the claim. (e) There are hereby designated within the department of housing preservation and development the following units for suspension or demotion: (3) office of rent and housing maintenance; (f) There are hereby designated within the Department of Finance the following units for suspension or demotion: In the event of suspension or demotion, preferred lists and certification and reinstatement therefrom shall be governed by the provisions of section eighty-one of the civil service law. (g) If service of notice cannot be effected upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice. Except where the court otherwise directs, in all actions in which recovery is sought for personal injuries, disability or death, physical examinations and the exchange of medical information shall be governed by the provisions hereinafter set forth: (a) At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice fixing the time and place of examination. As a New York State employee you may take any and all examinations that you meet the minimum qualifications. (f) When an action has been tried and the jury has disagreed, or a verdict set aside, or there has been a mistrial for any reason, or if no decision has been made or judgment rendered within the time specified in the CPLR, or if the court has ordered a new trial under CPLR 4402, such action must be restored to the appropriate ready calendar for a day certain to be fixed by the court. You should go to the court clerk's office at the address listed on the face of the envelope as soon as possible to respond to the lawsuit by filing an answer. You may wish to contact an attorney. (1) The parties to any controversy, except infants and incompetents, may submit the same for arbitration to any attorney, duly appointed as a commercial claims arbitrator by the administrative judge of this court, so assigned for such duty at that term of the court and upon whom they shall agree. However, during a subsequent meeting held at the offices of the AJC in New York City, leaders representing Japanese Americans and Jewish Americans reached an understanding about the use of the term. (l) At the discretion of the Administrative Judge, a judicial hearing officer may preside at a preliminary conference scheduled pursuant to this section. The calendar judge may discontinue the call of the ready calendar when sufficient ready cases have been identified to fill all trial parts available on the day of the call and which are expected to become available on the next court day. RE: Article 7 Treatment of Employees Moving from . filed Jan. 9, 1986; amds. In addition, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides. to and how to apply? 208.1 Application of Part; waiver; additional rules;. (a) An employee who has completed a probationary term in a permanent position in the competitive or labor class, and who has resigned or retired therefrom may be reinstated with the approval of the commissioner of citywide administrative services to: (1) the position from which the employee has resigned or retired, if vacant, or to any similar vacant position in the agency in which the employee was employed; or. Under the law, the Court may award $25 additional costs to the plaintiff if a jury trial is demanded by you and a decision is rendered against you. (b) The following form is to be used in all cases: YOU ARE HEREBY SUMMONED to appear in the Civil Court of the City of New York, County of.. at the office of the Clerk of the said Court at .. in the County of .. City and State of New York, within the time provided by law as noted below and to file your answer to the (endorsed summons) (annexed complaint) [FNa1] with the Clerk; upon your failure to answer, judgment will be taken against you for the sum of $.. with interest thereon from the .. day of .. 19.. , together with the costs of this action. (Signature) ________________________ 89-17 Sutphin Boulevard (1) Commencing May 21, 2001, all summary proceedings for residential premises located in postal ZIP codes 10035 and 10037, and for the Taft Houses and the Jefferson Houses, except proceedings brought by or at the direction of the New York County District Attorney's office under Real Property Actions and Proceedings Law, sections 711 and 715, shall be noticed and filed in the Harlem courthouse. 208.19 Notice of calendars If you've been appointed from a list, on____ , 19____, at ____ o'clock ____ M., in the Small (1) For purposes of this section a consumer credit transaction means a revolving or open-end credit transaction wherein credit is extended by a financial institution, which is in the business of extending credit, to an individual primarily for personal, family or household purposes, the terms of which include periodic payment provisions, late charges and interest accrual. filed Jan. 9, 1986; repealed, new filed April 27, 1993 eff. pension details. (last accessed Dec. 13, 2016). filed Jan. 9, 1986; amd. - Housing Part of the Civil Court, City of New York Historical Note The statement shall be in nontechnical, concise and simple language, and shall be signed by the person who shall have supplied the information contained therein. city is authorized to negotiate collective bargaining agreements. Additional information can be found on the court system's website at: www.nycourts.gov. In order to be eligible for 70.1 transfer, candidates must have one year of permanent competitive or 55-b/55-c service in a qualifying title within two salary grades of the SG-12 level. Therefore, please contact your Personnel or Human Resources Office for more information. The attendance of attorneys who are familiar with the case and who are authorized to act shall be required. 2023 Career Mobility Office, New York State Department of Civil Service, New York State Department of Civil Service, Differentiate between different types of transfers and when each may be applicable, Review eligibility requirements for transfer, Explore available resources to determine transfer opportunities. (l) The undertaking to be filed by a defendant desiring a jury trial shall be in the form prescribed by the relevant provisions of article 25 of the CPLR. The action shall be instituted by the claimant or someone on its behalf by paying the filing fee and the cost of sending the notice of claim as provided in NYCCCA 1803-A and by filing and signing a written application containing the following information: (i) claimant's name and principal office address; (ii) defendant's name and place of residence or place of business or employment; (iii) the nature and amount of the claim, including dates, and other relevant information; where the claim arises out of a consumer transaction (one where the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes), information showing that the transaction is a consumer transaction; (iv) a certification that not more than five claims have been instituted in the courts of this State in the calendar month; and. Transfer of Eligibility for Permanent Appointment: . . (c) Service of documents. Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind. When moving to a new department, the process normally includes transferring an employee's: HR record. Section 208.22 Pretrial and prearbitration conference calendars. Section 208.27 Submission of Papers for Trial. (b) All rules of the Civil Court shall apply to the housing part whenever practicable, except when otherwise provided by statute or as otherwise provided in this section. If the claimant fails or refuses to pay such filing fees, the court shall dismiss the case. (e) In any action to recover damages for personal injuries arising out of use or operation of a motor vehicle, plaintiff shall set forth in the complaint, whether in short or long form, the jurisdictional facts that permit plaintiff to maintain the action and avoid the bar of the Comprehensive Automobile Insurance Reparations Act. (5) The arbitrator shall make an award in writing and file the same forthwith, together with his or her opinion, if any, with the clerk of the small claims part. Said judge or housing judge shall render such decision within 30 days after trial of a nonhazardous or hazardous violation, and within 15 days after trial of an immediate hazardous violation or an injunction. New York State Residency and United States Citizenship: At the time of appointment, you must be a resident of New York State and a citizen of the United States. The following is basic information that will help applicants to understand the hiring process and take the mystery out of getting a job with New York State. Determining an employees salary is a complex matter, which is handled by the Office of State Comptroller through your agency Personnel or Finance Office. (d) Official Record; Maintenance of Files; Working Copies. Adems, un fallo monetario afecta su crdito y puede afectar su capacidad de alquilar una casa, encontrar trabajo o solicitar un prstamo para comprar un automvil. For purposes of this subdivision, the A transfer is the movement of a permanent competitive class employee from a position in one title to a position in a different title or from a position in one agency to a position in another agency. The suspension or demotion of competitive class employees upon the abolition or reduction of positions shall be governed by the provisions of section eighty of the civil service law. IF YOU CAN'T PAY FOR YOUR OWN LAWYER, BRING THESE PAPERS TO THIS COURT RIGHT AWAY. RULE 3. The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county division other than the one where it is offered for filing. Please note: State agencies that contact job applicants do not usually request personal or financial information via text message or over the phone in connection with your response to a job posting. Address: filed Jan. 9, 1986 eff. Download / Print 1098-T FAQ's Tax Benefits. Section 208.33 Submission of orders, judgments and decrees for signature. 208.13 Exchange of medical reports in personal injury & wrongful . fourteen of this chapter provide for the involuntary transfer of No default judgment based on defendants failure to answer shall be entered if the additional notice is returned to the court as undeliverable, unless the address at which process was served matches the address of the defendant on a Certified Abstract of Driving Record issued from the New York State Department of Motor Vehicles. adopt rules governing transfers between positions in their respective jurisdictions and may also adopt reciprocal rules providing for the transfer of employees from one governmental jurisdiction to another. (3) The actions on the ready calendar must be answered by or on behalf of the trial counsel each day the calendar is called, unless otherwise ordered by the calendar judge, or unless trial counsel already has demonstrated an engagement during one or more days. There shall also be one or more small claims parts in each division for the hearing and disposition of all small claims proceedings, as the Chief Administrator may establish. 208.34 Absence or disqualification of assigned judge The petitioner shall also allege the following information: the multiple dwelling registration number, the registered managing agent's name, and either the residence or business address of said managing agent. SECTION 80 CSL and RULE 5.5 of the CLASSIFIED SERVICE RULES . filed Jan. 9, 1986 eff. These calendars may include: (a)(1) General Calendar. Administer and maintain an integrated Human Resources Information System (SUNY HR) that includes position, person, employment and payroll information for all SUNY employees; Administer and maintain a SUNY Time and Attendance System; Serve as liaison between SUNY campuses and State agencies for HR . Restoration after jury disagreement, mistrial or order for . Section 208.43 Rules of the housing part. An employee on probation shall be eligible for transfer; provided however, that: (a) if such transfer is voluntary such employee shall serve the entire period of probation on the job in a pay status in the new position in the same manner and subject to the same conditions as required upon such employee's employment in the position from which transfer is made, and in accordance with the provisions of paragraph 5.2.1; (b) if such employee is involuntarily transferred from one agency to another due to a transfer of personnel upon a transfer of function, or if such employee transfers voluntarily to avoid layoff resulting from a reduction in force, then, in either of such events, such employee shall receive credit for the period of time already served on probation. DC 37 is New York City's largest public employee union, represents about 150,000 members and 89,000 retirees. There has been a reasonable opportunity to [FNa1] If the cause of action is for money only and a formal complaint is not attached to the summons, strike the words "annexed complaint." (c) In the case of the death, disability or prolonged absence from the city of the judge before whom the action was tried, the return on appeal may be settled by any judge presiding in a motion part in the county in which the judgment was entered, with the same force and effect as if he or she had tried the case. (c) There are hereby designated within the department of mental health, mental retardation and alcoholism services the following separate units for suspension and demotion: (1) criminal and supreme court mental health program; (d) There are hereby designated within the department of citywide administrative services the following separate units for suspension or demotion: (1) executive offices, which shall include the commissioner's office, office of the general counsel, office of technology and information services, office of fleet administration and transportation and office of external affairs and communications; (2) offices of the chief financial officer and the chief administrative officer; (3) office of administrative trials and hearings; (4) division of facilities management and construction services; (5) division of municipal supply services; (7) division of citywide personnel services.