New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter C - Rules Of The Chief Administrator Of The Courts
Part 140 - Civil Actions Or Proceedings Brought By Inmates
Section 140.2 - Application

Current through Register Vol. 46, No. 39, September 25, 2024

(a) As required by subdivision (f) of section 1101 of the CPLR, and in addition to such other papers as may be required by law, such incarcerated person shall complete and file with the court the form affidavit referred to in subdivision (d) of that section along with the summons and complaint or petition or notice of petition or order to show cause. Such affidavit shall be in the form set forth in Appendix A-1 of this Part.

(b) Upon receipt of an incarcerated person's motion, the court may assign an index number to the underlying action or proceeding or, in a court other than Supreme or County Court, such other filing number as is appropriate to the court. The motion shall thereupon be assigned to a judge of the court who, prior to disposition thereof, shall cause to be obtained such information concerning the incarcerated person's trust fund account as is required by paragraph one of subdivision (f) of section 1101 of the CPLR.

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