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New York State Unified Court System Press Release April 13, 2020

 

Scales of Justice

New York State Unified Court System

Hon. Lawrence K. Marks Chief Administrative Judge

Contact:
Lucian Chalfen,
Public Information Director Arlene Hackel, Deputy Director (212) 428-2500

www.nycourts.gov/press

Date: April 13, 2020

PRESS RELEASE

Virtual Courts Expanded Beyond the Limited Category of Essential and Emergency Matters
Courts Begin Hearing Pending Matters; Ban on New Filings Still in Effect

NEW YORKA week since the statewide rollout of virtual court operations−allowing essential and emergency proceedings, amid the COVID-19 pandemic, to be conducted remotely by Skype or teleconference−Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks today announced that this temporary “virtual court” model is being expanded beyond the limited category of essential and emergency matters. (For list of essential/emergency proceedings, see Administrative Order 78/20 athttps://www.nycourts.gov/whatsnew/pdf/AO-78-2020.pdf.)

Over the past two weeks, the New York State Courts’ trial court efforts have centered on arraignments, bail applications, orders of protection and other essential and emergency criminal, family and civil matters. Following a successful transition to a virtual court system for the handling of essential and emergency matters statewide, the court system is extending its focus to include pending tort, asbestos, commercial, matrimonial, trusts and estates, felony, family and other cases, which make up the vast bulk of trial court caseloads. The existing ban on the filing of new non-essentialmatters will remain in effect.

VAULED CUSTOMERS – CORONAVIRUS (COVID-19) UPDATE MARCH 23, 2020

My name is Brian B. Ricks, President of Undisputed Legal Inc., a process serving agency with offices in New York, New Jersey and Connecticut.  At Undisputed Legal Inc., we provide service of process to Federal, State and City organizations, law firms, solo partitioners and the general public.  

On Friday, March 20, 2020 New York Governor Andrew Cuomo issued a formal order requiring all non-essential workers to stay home from work to prevent and slow the spread of the novel coronavirus (COVID-19).  This order goes into effect on Sunday, March 22, 2020 at 8:00. PM.

While our physical locations in New York will be closed, our process serving agency is fully functioning. Our staff are well equipped to remotely serve without disruption.  It is our understanding that emergency applications are still being filed and there is going to be a need to serve said orders.  Undisputed Legal is here to serve the court and community.  We have process servers in all boroughs ready to serve.

For more information on our services visit www.undisputedlegal.com or call (800) 774-6922, representatives are ready to assist you.  Open Monday-Friday 8am-8pm

CONRONAVIRUS AND THE NEW YORK STATE COURTS

Inside New York City, most courthouses remain open at this time – although a number of steps have been taken to reduce traffic inside those courthouses for health reasons. Outside New York City, all court operations have been localized in a single court in each county. (List of Localized Courts and Locations). Judges and staff in all these courts are performing “essential functions” – court functions that cannot be postponed without serious consequences to the parties involved.

Essential functions in various courts include, but are not limited to, the following:

Supreme Court: Mental hygiene applications, civil commitments and guardianships, and others as the court may allow.

Family Court: Child protection proceedings, juvenile delinquency proceedings, family offenses and emergency support orders, and other as the court may allow.

Housing matters: Essential applications such as landlord lockouts, serious coded violations, and repair orders, and others as the court may allow.

New York City Criminal Court/City Courts: Criminal arraignments, requests for orders of protection, driver’s license suspension lifts and emergency applications, and others as the court may allow.

All courts: Judges may determine that other individual matters are “essential.”

Please note:

Jury trials in progress in civil and criminal cases shall continue. However, no new trials will be started until further notice.

Special parts – including motion parts, PC parts, compliance parts and others – have been suspended.

Residential evictions, court-ordered auctions, and residential foreclosure proceedings have been suspended.

Rescheduling: Parties will be advised of rescheduled Court dates when normal court business resumes.

COVID-19 Business Continuity and Crisis Management

COVID-19 Business Continuity and Crisis Management

 

We want you to know that we consider the success of our customers to be paramount to what we do at Undisputed Legal Inc. At this time, we do not foresee any impact on the services we provide (Process Service, Court Service, Eviction Service & Nationwide Skip Trace Service) due to COVID-19 (Coronavirus).    

 

We are diligently working to provide services and operate without interruption.  Undisputed legal’s operations are located in New York City, New Jersey, Brooklyn, Queens, Long Island, Westchester & Connecticut – providing us with global servicing capabilities. Nevertheless, we are carefully monitoring and communicating with our employees and business partners.   

 

We are certain that many of you are evaluating and making preparations for potential disruptions caused by COVID-19. We will continue to monitor the situation and share relevant updates with you as warranted.  Please feel free to contact us at info@undisputedlegal.com or visit us online at www.undisputedlegal.com with any questions.
Sincerely, 
Undisputed Legal Inc.

TENANT RIGHTS IN FORECLOSURE CASES

When the plaintiff starts a foreclosure case against the owner of your home, the law says that the plaintiff must tell the tenants within 10 days. You may find out about the case by seeing a notice posted on the door to your building or the plaintiff may give you a copy of the foreclosure Summons and Complaint. Do not worry if your name is on the papers. This does not mean that you have to move out. Many things can happen:

  • The owner may settle the case and keep the property
  • The bank may not be able to prove its case
  • The case may take a very long time, often even a year, and you may move before it is over
  • The new owner may want to keep you as a tenant
  • You may have the right to stay anyway

Coronavirus Disease 2019- What You Need To Know!

Background

There is much to learn about the novel coronavirus that causes coronavirus disease 2019 (COVID-19). Based on what is currently known about the novel coronavirus and similar coronaviruses that cause SARS and MERS, spread from person-to-person with these viruses happens most frequently among close contacts (within about 6 feet). This type of transmission occurs via respiratory droplets. On the other hand, transmission of novel coronavirus to persons from surfaces contaminated with the virus has not been documented. Transmission of coronavirus occurs much more commonly through respiratory droplets than through fomites. Current evidence suggests that novel coronavirus may remain viable for hours to days on surfaces made from a variety of materials. Cleaning of visibly dirty surfaces followed by disinfection is a best practice measure for prevention of COVID-19 and other viral respiratory illnesses in households and community settings.

Adoption in New York State

In New York State, most adoption petitions are filed in the county where the adoptive parents live. Depending on the county, the Family Court or the Surrogate’s Court decide adoption cases.

A Family Court or Surrogate’s Court Judge must approve all adoptions. This is done by signing an Order of Adoption.

There are two kinds of adoptions in New York, agency adoptions and private placement adoptions. The procedure is a little different between the two types of adoptions.

Most adoptions are of children under the age of 18.

Name Change In New York State

In New York State, you have the right to adopt any name you wish by using that name for everything in your life. This does not apply to children or prison inmates. But, it may be better to legally change your name because most government agencies will not accept your name change without a court order.

You can ask the court to legally change the name you were given at birth, adoption or marriage

Name Change Basics

To ask the Court to change your name or your child’s name, you need to give the Court the following:

  • court papers asking for the change, this includes: Name Change Petition and Proposed Order. The petition must be filled out and signed in front of a Notary Public. You may need additional forms to change a child’s name. You may also need to give a self-addressed, stamped business-size envelope to the Court
  • proof of birth
  • court fee ($210 in Supreme and County Courts; $65.00 in New York City Civil Court)
  • in Supreme Court you must also submit a Request for Judicial Intervention (RJI) to have a Judge assigned to the case. There is no fee to file this form.
  • depending on your situation there may be additional papers that you need to give the court.

NEW YORK STATE COURT ADMINISTRATION CRIMINAL HISTORY RECORD SEARCH

The New York State Office of Court Administration (OCA) provides a New York Statewide criminal history record search for a fee of $95.00. You can submit a criminal history record search request via our on-line Direct Access program or by mailing in a CHRS application form. The search criteria is strictly based on an exact match of Name and DOB (variations of Name or DOB are not reported). Background checks for companies are also part of the criminal history record search program. The search results are public records relating to open/pending and convictions in criminal cases originating from County/Supreme, City, Town and Village courts of all 62 counties. Sealed records are not disclosed. 

INSTRUCTIONS ON HOW TO REMOVE A CRIMINAL CONVICTION IN NY

 

STEP 1: Complete the Request for Criminal Certificate of Disposition for CPL 160.59 Sealing Application and submit it to the appropriate clerk of the court.

Note: Complete a separate request for each case you will be asking the court to seal.

STEP 2: Once you receive your criminal Certificate of Disposition from the court, complete pages 1 and 2 of the Sealing Application (i.e., Notice of Motion and Affidavit in Support).

STEP 3: Serve the Notice of Motion and Affidavit in Support (i.e., pages 1 and 2 of the Sealing Application) upon the District Attorney of the applicable county. You can look up the address for each District Attorney’s office in the List of District Attorneys Offices.

Note: If you are asking the court to seal more than one conviction and convictions occurred in different counties, you must serve the District Attorney of each applicable county with copies of your papers.

STEP 4: Once the District Attorney has been served, complete page 3 of the Sealing Application (i.e., Affidavit of Service).

Note: If more than one District Attorney has been served, and the service was performed on different dates or by different people, you must complete a separate Affidavit of Service (i.e., page 3 of the Sealing Application) for each one.

STEP 5: File all pages of your Sealing Application and any supporting documentation with the appropriate court.

STEP 6:  If you want to confirm that the change was appropriately made to your criminal history record, complete the Request for CPL 160.59 Seal Verification Form  to receive verification from the New York State Division of Criminal Justice Services that a CPL 160.59 Seal has been applied to your New York State Criminal History Record.

Note: A copy of the signed court seal order must be mailed along with the verification form.

For information on serving legal papers, contact undisputedlegal.com or (212) 203-8001. Representative are ready to assist you, we serve all legal papers, call now!