Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend 22 NYCRR § 122.10(c), Part 122 of the Rules of the Chief Administrator of the Courts, effective September 16, 2019, to read as follows (new material underlined and in bold):

Section 122.10 Conflicts

a) A judicial hearing officer shall not preside over any matter in which he or she has represented any party or any witness in connection with that matter, and he or she shall not participate as an attorney in any matter in which he or she has participated as a judge or judicial hearing officer.

b) A judicial hearing officer shall not preside over a matter in which any party or witness is presented by an attorney who is a partner or associate in a law firm or of counsel to a law firm with which the judicial hearing officer is affiliated in any respect.

c) A judicial hearing officer shall not participate as an attorney or, unless appointed by the court on terms including receipt of compensation pursuant to section 122.8 of this Part, as a referee, mediator, or arbitrator, or similar officer, in any contested matter in a court in a county where he or she serves on a judicial hearing officer panel for such court.

d) A judicial hearing officer shall not appear as an attorney before any other judicial hearing officer in any county in which he or she serves as a judicial hearing officer.

Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend section 208.42 of the uniform rules for the New York City Civil Court (22 NYCRR § 208.42), relating to the form notice of petition for use in certain proceedings under article 7 of the Real Property Actions and Proceeding Law, to read as follows (new material underlined, deleted material stricken), effective September 16, 2019:

Section 208.42 Proceedings under article 7 of the Real Property Actions and Proceedings Law.

(a) Such proceedings involving residential property shall be commenced in the housing part.

[(b) Except as provided in subdivision (d) of this section, relative to proceedings for nonpayment of rent, the following form is set forth as an example of the notice of petition (the provisions relating to the demand for a money judgment should be omitted unless the petition so demands):]

[To the respondents _____ above named and described, in possession of the premises hereinafter described or claiming possession thereof:]

[PLEASE TAKE NOTICE that a hearing at which you must appear will be held at the Civil Court of the City of New York,_____ Part, to be held at_____, County of _____, on the _____ day of _____, 19_____, at _____ am/pm, which prays for a final judgment of eviction awarding to the petitioner the possession of premises designated and described as follows:]

[the_____ rooms on the _____ floor, Apartment No. _____, _____ Street, City of New York, County of _____, and further granting to the petitioner such other and further relief as is demanded in the petition, which you must answer.]

[TAKE NOTICE also that demand is made in the petition herein for judgment against you, the respondent, for the sum of $_____, with interest thereon from_____, 19_____]

[TAKE NOTICE that your answer may set forth any defense or counterclaim you may have against the petitioner.]

[TAKE NOTICE also that if you shall fail at such time to interpose and establish any defense that you may have to the allegations of the petition, you may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.]

[TAKE NOTICE that your failure to appear and answer may result in final judgment by default for the petitioner in the amount demanded in the petition.]

[TAKE NOTICE that under section 745 of the Real Property Actions and Proceedings Law, you may be required by the Court to make a deposit of use and occupancy, or a payment of use and occupancy to the petitioner, upon your second request for an adjournment or if the proceeding is not settled or a final determination has not been made by the Court within 30 days of the first court appearance. Failure to comply with an initial deposit or payment order may result in the entry of a final judgment against you without a trial. Failure to make subsequent required deposits or payments may result in an immediate trial on the issues raised in your answer.]

[Dated: County of _____, the _____ day of _____, 19____

[Attorney(s) for Petitioner] [Office and Post-Office Address] [Telephone Number]

[Clerk]

[(c) At the option of the petitioner, on condition that he or she serves the notice of petition at least eight days prior to the return day, the following paragraph may be inserted in the foregoing notice of petition immediately after the paragraph which sets forth the amount of money for which demand is made in the petition:]

[TAKE NOTICE also that your answer may be made at the time of hearing specified above unless this Notice of Petition is served upon you on or before the..... day of....., 19....., in which event you must answer at least three (3) days before the petition is noticed to be heard, either orally before the clerk of the court at his or her office, or in writing by serving a copy thereof upon the undersigned attorney for the [FNa1] petitioner, and by filing the original of such written answer with proof of service thereof in the office of the clerk at least three (3) days before the time the petition is noticed to be heard; in addition thereto, you must appear before the court at the time and place hereinabove set forth for the hearing.]

[(FNa1) If the petitioner appears in person, strike out the words "undersigned attorney for the."]

[(d) Real Property Action and Proceedings Law § 732 shall be applicable in this court in a proceeding brought on the ground that the respondent has defaulted in the payment of rent. The chief administrator of the courts shall promulgate, and post on the Unified Court System website, a form as an example of the notice of petition for use in such proceedings.]

[Exhibit A]

[Section 208.42(d):]

[Real Property Action and Proceedings Law § 732 shall be applicable in this court in a proceeding brought on the ground that the respondent has defaulted in the payment of rent. The chief administrator of the courts shall promulgate, and post on the Unified Court System website, a form as an example of the notice of petition for mandatory use in such proceedings.]

* * *

Further by the power vested in me, I hereby promulgate form notices of petition pursuant to section 208.42(b) and (c) of the uniform rules for New York City Civil Court (22 NYCRR § 208.42[b], [c]), for use in proceedings under article 7 of the Real Property Actions and Proceedings Law (Exh. A), effective immediately. Use of these forms shall be optional up to and including September 30, 2019, and mandatory thereafter. I further repeal all former versions of the form notice of petition in nonpayment and in holdover proceedings.