Current through Register Vol. 46, No. 39, September 25, 2024
Unless the administrative order
establishing an IDV part or a DV part in a county shall otherwise
provide:
(a) Where an
IDV-eligible case is pending in a court other than Supreme Court in such county
or where a DV-eligible case is pending in a court other than the Supreme or
County Court in such county:
(1) Originals or copies of papers and
other documents filed in such court in connection with the case shall, directly
following its identification as IDV-eligible or DV-eligible, be sent by the
court to the respective IDV part or DV part.
(2) Not later than five days following
receipt of the original papers and other documents in an IDV-eligible case in
an IDV part, the justice or judge presiding in such part shall determine
whether or not a transfer of the case to the part would promote the
administration of justice. If the justice or judge determines that it would, he
or she may order such transfer, in which event the case shall be referred for
disposition to the part, all original papers, if not already sent, shall be
sent from the originating court to the part, and all further proceedings shall
be conducted therein. If the justice or judge determines that such a transfer
would not promote the administration of justice, he or she shall cause all
papers and other documents in the case to be returned to the court from which
they were received, where all further proceedings in such case shall be
conducted in accordance with law.
(3) Notwithstanding the provisions of
paragraphs (1) and (2) of this subdivision, where the case is a criminal case
and the defendant is held by the local criminal court for the action of a grand
jury empaneled by a County Court, only copies of the papers and other documents
filed with such court shall be delivered to the IDV part or DV part; and the
justice or judge presiding therein may at any time order a transfer of the case
to the respective part provided he or she determines that such a transfer would
promote the administration of justice. The original papers and other documents
filed with the local criminal court shall be delivered to the County Court as
required by section
180.30
(1) of the Criminal Procedure Law.
(b) Where and
IDV-eligible case is a case pending in Supreme Court or where a DV-eligible
case is a case pending in the Supreme or County Court where a DV part has been
established, it shall be referred for disposition to the respective IDV part or
DV part of such court and all further proceedings shall be conducted
therein.
