2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 4 - (401 - R411) SPECIAL PROCEEDINGS
403 - Notice of petition; service; order to show cause.


NY CPLR § 403 (2012) What's This?
 
    § 403. Notice of petition; service; order to show cause. (a) Notice of
  petition.  A  notice of petition shall specify the time and place of the
  hearing  on  the  petition  and  the  supporting  affidavits,  if   any,
  accompanying the petition.
    (b)  Time  for  service  of notice of petition and answer. A notice of
  petition, together with the petition and  affidavits  specified  in  the
  notice,  shall be served on any adverse party at least eight days before
  the time at which the petition is noticed to be  heard.  An  answer  and
  supporting  affidavits, if any, shall be served at least two days before
  such time. A reply, together with supporting affidavits, if  any,  shall
  be  served  at  or  before such time. An answer shall be served at least
  seven days before such time if a notice  of  petition  served  at  least
  twelve  days  before  such time so demands; whereupon any reply shall be
  served at least one day before such time.
    (c) Manner of service. A notice of petition shall  be  served  in  the
  same manner as a summons in an action.
    (d) Order to show cause. The court may grant an order to show cause to
  be  served,  in  lieu  of a notice of petition at a time and in a manner
  specified therein.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.