New York Civil Practice Law & Rules Article 4 - SPECIAL PROCEEDINGS

  • 401 - Parties.
    The party commencing a special proceeding shall be styled the petitioner and any adverse party the respondent. After a proceeding is commenced, no party shall...
  • 402 - Pleadings.
    There shall be a petition, which shall comply with the requirements for a complaint in an action, and an answer where there is an adverse...
  • 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...
  • 404 - Objections in Point of Law.
    (a) By respondent. The respondent may raise an objection in point of law by setting it forth in his answer or by a motion to...
  • 405 - Correction of Defects in Papers.
    (a) Motion to correct. Either party may move to cure a defect or omission in the record, or to strike scandalous or prejudicial matter unnecessarily...
  • R406 - Motions.
    Rule 406. Motions. Motions in a special proceeding, made before the time at which the petition is noticed to be heard, shall be noticed to...
  • 407 - Severance.
    The court may at any time order a severance of a particular claim, counterclaim or cross-claim, or as to a particular party, and order that,...
  • 408 - Disclosure.
    Leave of court shall be required for disclosure except for a notice under section 3123. A notice under section 3123 may be served at any...
  • R409 - Hearing.
    Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing, each party shall furnish to the court all papers served by him. The petitioner...
  • 410 - Trial.
    If triable issues of fact are raised they shall be tried forthwith and the court shall make a final determination thereon. If issues are triable...
  • R411 - Judgment.
    Rule 411. Judgment. The court shall direct that a judgment be entered determining the rights of the parties to the special proceeding.

Last modified: February 3, 2019