NY State — NY Real Property Actions & Proceedings Law

§ 733 — SECTION 733 Time of service; order to show cause

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 733?

Quick Answer

This section outlines the timeframes for serving notice of petition and petition in legal proceedings, specifying that service must occur at least ten days and no more than seventeen days prior to the hearing. It also allows for an order to show cause to be served under certain conditions. Applies to landlords and tenants involved in legal proceedings.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 733 SECTION 733 Time of service; order to show cause

RPAPL § 733

1.Except as provided in section seven hundred thirty-two of this article, relating to a proceeding for non-payment of rent, the notice of petition and petition shall be served at least ten and not more than seventeen days before the time at which the petition is noticed to be heard.

2.The court may grant an order to show cause to be served in lieu of a notice of petition. If the special proceeding is based upon the ground specified in subdivision 1 of section 711, and the order to show cause is sought on the day of the expiration of the lease or the next day thereafter, it may be served at a time specified therein which shall be at least two hours before the hour at which the petition is to be heard.

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