8 CRR-NY 113.16NY-CRR
8 CRR-NY 113.16
8 CRR-NY 113.16
113.16 Service of appeal papers, applications and amicus curiae papers.
(a) Statement of appeal.
A copy of the statement of appeal and all papers annexed thereto and any memorandum in connection therewith shall be served upon the respondent by certified mail (return receipt requested) or by personal service during normal business hours.
(b) Subsequent appeal papers and applications.
Each party to an appeal shall serve upon the other parties or if any party is represented by counsel, upon his counsel, all subsequent appeal papers and any papers annexed thereto and any applications or other papers by certified mail (return receipt requested) or by personal service during normal business hours.
(c) Amicus curiae applications and papers.
An organization or other person applying to the appeal board for permission to participate in an appeal amicus curiae shall serve his application on all parties to the appeal or if any party is represented by counsel, upon his counsel. Any affidavits, memoranda or other papers filed in an appeal by an amicus curiae shall be served on all parties or if any party is represented by counsel, upon his counsel.
(d) Personal service.
Appeal papers may be served personally by any person not a party to the appeal who is over the age of 18 years.
(e) Affidavit of service.
Promptly after the service of any appeal paper, the original, together with an affidavit of service of a copy thereof, shall be filed with the city board. The affidavit of service shall be in the form set forth below:
STATE OF NEW YORK )
) SS.:
COUNTY OF
)
______, being duly sworn, deposes and says that he is over the age of eighteen years; that on the __ day of __ 19 __ he [personally served during normal business hours] [mailed by certified mail (return receipt requested)] a true copy of the annexed ______[upon, to]
(name of appeal papers)
Mr. ______ at No. __ Street, ____, New York.
Deponent further says that he knows the person so served to hold the office of ______
(Signature)
Subscribed and sworn to before me this
day of
19
(Signature and title of officer)
8 CRR-NY 113.16
Current through August 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.