N.Y. Comp. Codes R. & Regs. tit. 22 § 670.18

Current through Register Vol. 46, No. 19, May 8, 2024

Section 670.18 - Special proceedings pursuant to Eminent Domain Procedure Law, Section 207; Public Service Law, Sections 128, 170; Labor Law, Section 220; and Public Officers Law, Section 36; or Real Property Tax Law, Section 1218

(a) Special proceedings initiated in this court pursuant to Eminent Domain Procedure Law, §207, Public Service Law, § 128 or 170, Labor Law, § 220, or Public Officers Law, §36, or Real Property Tax Law, §1218 shall be commenced by the filing of a petition in the office of the clerk of this court pursuant to CPLR 304. Service of the petition with a notice of petition or order to show cause shall be made in accordance with CPLR 306-b on at least 20 days' notice to the respondent. In proceedings pursuant to section 207, 128 or 170 such notice shall be accompanied by a demand upon the respondent to file a copy of the transcript of the hearing before it and a copy of its determinations and findings.

(b) The respondent shall file an answer to the petition and, in proceedings pursuant to section 207, 128 or 170, the transcript of the hearing and the determination and findings.

(c) Within three months after service of the answer, the petitioner shall file nine copies of a brief, with proof of service of one copy upon the respondent. Not more than 30 days after service of petitioner's brief, the respondent shall file nine copies of an answering brief, with proof of service of one copy upon the petitioner. Not more than 10 days after service of the respondent's brief the petitioner may file a reply brief.

(d) The proceeding will be heard upon the original record which shall contain:

(1) the notice of petition and petition;

(2) if applicable, the demand for the transcript, determination and findings;

(3) the original record before the respondent including a copy of the transcript of the hearing, if any; and

(4) the determination and findings of the respondent.

(e) In all other respects such a proceeding shall be governed by this Part as if it were an appeal.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 670.18