NY State — NY Real Property Actions & Proceedings Law

§ 797-C — SECTION 797-C Commencement; notice of petition; petition

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

What is NY RPAPL § 797-C?

Quick Answer

This section outlines the procedures for commencing a legal proceeding by filing a notice of petition and petition with the court clerk. It requires the notice to specify the hearing time and place, and warns respondents about the consequences of failing to appear. Applies to tenant-petitioners seeking to initiate special proceedings.

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

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§ 797-C SECTION 797-C Commencement; notice of petition; petition

RPAPL § 797-C

§ 797-c. Commencement; notice of petition; petition.

1.The proceeding shall be commenced by the filing of a notice of petition and petition with the clerk of the court. A notice of petition may be issued by an attorney, judge, or clerk of the court.

2.The notice of petition shall specify the time and place of the hearing on the petition and state that if the respondent shall fail to appear at such time and place to interpose any defense, the respondent may be precluded from asserting such defense.

3.The office of court administration shall promulgate instructional materials in which tenant-petitioners may find guidance on how to commence the special proceedings. Such instructional materials shall be in plain, accessible language. Such instructional materials shall be published in English, Spanish and in other languages spoken by limited-English proficient individuals in any judicial district as needed.

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