Posts made in April 2014

New York Court Filing Fees

Filing Fees-Supreme/County -For Civil Matters

Obtaining Index Number $210.00

Request for Judicial intervention $95.00

Note of Issue*$30.00

Motion of Cross-Motion $45.00

Demand for Jury Trial $65.00

Stipulation of Settlement of Voluntary Discontinuance $35.00

Notice of Appeal $65.00

*The Notice of issue Filing fee is $125.00 where a Request for Judicial Intervention is not required to be filed. Continue reading

United States District Court Fee Schedule

Fees may be paid in cash, by certified check, money order or credit card. All major credit cards are accepted. Personal checks will be accepted from attorneys admitted to practice in the Southern District of New York. Please make your check or money order payable to the “Clerk of Court-SDNY”

There is an additional administrative fee of $50.00 for all new Civil Actions filed in the Court.  The Clerk in White Plains will not accept cash payment in excess of $100.00.

Effective December 1, 2013, the fee for filing a Notice of Appeal (Civil and Criminal) will increase to $505.00.  The fee for Record Retrieval will increase to $64.00 for one box of records; $39.00 each additional box. Continue reading

Service of Process/Process Service – Personal Service Upon a Court, Board or Commission

N.Y. CVP. LAW § 312 : NY Code – Section 312: Personal service upon a court, board or commission

Personal service upon a court consisting of three or more judges may be made by delivering the summons to any one of them. Personal service upon a board or commission having a chairman or other presiding officer, secretary or clerk, by whatever official title he is called, may be made by delivering the summons to him. Personal service upon a board or commission of a town or village may also be made by delivering the summons to the clerk of the town or village. Personal service upon any other board or commission shall be made by delivering the summons to any one of the members.

LogoBlackAndWhiteTextBelow

Continue reading

Service of Process/Process Service – Unauthorized Foreign Limited Liability Companies

N.Y. LLC. LAW § 304 : NY Code – Section 304: Service of process on unauthorized foreign limited liability companies

(a) In any case in which a non-domiciliary would be subject to the personal or other jurisdiction of the courts of this state under article three of the civil practice law and rules, a foreign limited liability company not authorized to do business in this state is subject to a like jurisdiction. In any such case, process against such foreign limited liability company may be served upon the secretary of state as its agent. Such process may issue in any court in this state having jurisdiction of the subject matter. (b) Service of such process upon the secretary of state shall be made by personally delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. (c) Such service shall be sufficient if notice thereof and a copy of the process are: (1) delivered personally outside this state to such foreign limited liability company by a person and in the manner authorized to serve process by law of the jurisdiction in which service is made; or (2) sent by or on behalf of the plaintiff to such foreign limited liability company by registered mail, return receipt requested, at the post office address specified for the purpose of mailing process, on file in the department of state, or with any official or body performing the equivalent function, in the jurisdiction of its formation, or if no such address is specified, to its registered or other office specified, or if no such office is specified, to the last address of such foreign limited liability company known to the plaintiff. (d) Where service of a copy of process was effected by personal service, proof of service shall be by affidavit of compliance with this section filed, together with Continue reading

Service of Process/Process Service – Registered Agent for Service of Process

N.Y. LLC. LAW § 302 : NY Code – Section 302: Registered agent for service of process

(a) In addition to the designation of the secretary of state, each domestic limited liability company or authorized foreign limited liability company may designate a registered agent upon whom process against the limited liability company may be served. (b) The agent must be either: (1) a natural person who is a resident of this state or has a business address in this state; (2) a domestic limited liability company or an authorized foreign limited liability company; or (3) a domestic corporation or a foreign corporation authorized to do business in this state. (d) The registered agent of a limited liability company may resign as such agent. The registered agent shall file a certificate with the department of state entitled “Certificate of resignation of registered agent of… (name of limited liability company) under subdivision (d) of section three hundred two of the Limited Liability Company Law” and executed by such registered agent. Such certificate shall set forth: (1) the name of the limited liability company, and if it has been changed, the name under which it was formed. With respect to a foreign limited liability company, there shall be set forth its name and, if applicable, the fictitious name the foreign limited liability company has agreed to use in this state pursuant to section eight hundred two of this chapter; (2) the date the articles of organization or application for authority was filed by the department of state; (3) that he or she resigns as registered agent of the limited liability company; and (4) that he or she has Continue reading

Service of Process/Process Service – Secretary of State as Agent for Service of Process

N.Y. LLC. LAW § 301 : NY Code – Section 301: Statutory designation of secretary of state as agent for service of process

(a) The secretary of state shall be the agent of every domestic limited liability company that has filed with the department of state articles of organization making such designation and every foreign limited liability company upon which process may be served pursuant to this chapter. (b) No domestic or foreign limited liability company may be formed or authorized to do business in this state under this chapter unless its articles of organization or application for authority designates the secretary of state as such agent. (c) Any designated post office address to which the secretary of state shall mail a copy of process served upon him or her as agent of a domestic limited liability company or a foreign limited liability company shall continue until the filing of a certificate under this chapter directing the mailing to a different post office address. (e) Every limited liability company to which this chapter applies, shall biennially in the calendar month during which its articles of organization or application for authority were filed, or effective date thereof if stated, file Continue reading

Service of Process-Matrimonial Action; Proof Of Service

N.Y. DOM. LAW § 232 : NY Code – Section 232: Notice of nature of matrimonial action; proof of service

a. In an action to annul a marriage or for divorce or for separation, if the complaint is not personally served with the summons, the summons shall have legibly written or printed upon the face thereof: “Action to annul a marriage”, “Action to declare the nullity of a void marriage”, “Action for a divorce“, or “Action for a separation”, as the case may be, and shall specify the nature of any ancillary relief demanded. A judgment shall not be rendered in favor of the plaintiff upon the defendant’s default in appearing or pleading, unless either (1) the summons and a copy of the complaint were personally delivered to the defendant; or (2) the copy of the summons (a) personally delivered to the defendant, or (b) served on the defendant pursuant to an order directing the method of service of the summons in accordance with the provisions of section three hundred eight or three hundred fifteen of the civil practice law and Continue reading