Sample Order to Show Cause 2008
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FORM 1: Sample Order to Show Cause PRESENT: HON. Justice (name ofjudge, leave blank, clerk willfill in), COURT OF THE STATE OF NEW YORK 'iF (county where you are filing case) ~~; \.: ------------~ In the ~ ----------------------------------------------- Matte' of the Application of (your name) For a Judgment ofthe Civil Pracf' ORDER TO SHOW CAUSE to Article 78 dRules RJI #: Index No. -against- (names and titles ofRespon en s, e people you are filing the case against) Respondent(s). Upon the annexed Petition of (your name), verified on the r-date YOU signed "'li", Verification) day of (month), (year)~ and the annex Show Cause and (list any other papers you are Affidavit in Support of Order to rrrt1ting with this Order), all the proceedings held in regard to this matter, it is ORDERED that eave a. blank line here assigned) be and hereby is assigned to Petitioner as the attorney whose duty it shall be to conduct said proceeding free of charge to Petitioner, and it is further SAMPLE FORM ONLY: Recopy or retype for your own case. Page 29 405.12 Filing lUl Article 78 Pro Se KMurtagh-Monks 03/08 ORDERED that service of a copy of this Order to Show Cause, together with a copy of the papers upon which it was granted, by regular first class mail, upon the Respondents (name ofRespondents), and upon the Attorney General of the State of New Y9,[K"'OP or before the (leave blanks here, judge will fill in information about \~~~~~~;. date) \, -');' day of will be deemed sufficient service, and it is ... ':.'.~,.~~;:..>.';'::":" further t~f~~: ;, ORDERED ,1h.a.; e Clerk of the Court shall cause such service by regular mail ff v~l~~. to be made upon the Respondents and Attorney General of the State of New York, . - ":~"1 LET the Respondentt~ Y.i of the State of New Yor:W~~-c J~'fJ"f;"t. . Ifffuse before a Special Term ofthe Supreme Court lIt< '~'of (name of county you are filing in), at the Courthouse thereof, on the (leave '1itC"'" -, \-- here, judge will fill in) day of !~l i~ _ _ _ _ _ _ _ _, at _ _ o'er k in the forenoon of that day or as soon {;:~. thereafter as counsel can be heard why an Order and Judgment should not be made '.W pursuant to Article 78 of the CPLR granting pet~ ner the relief requested in the J verified Petition annexed hereto. ri'':'-;'~;':',,{l,"~~ ENTER: l:~J mSTICE OF THE SUPREME COURT DATED: SAMPLE FORM ONLY: Recopy or retype for your own case. Page 30 405.12 Filing an Article 78 Pro Se KMurtagh-Monks 03/08 FORM 2: Sample Mfidavit in Support of Order to Show Cause SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF (county where case is beingfiled) In the Matter ofthe Application of (youl!lfttn~e) AFFIDAVIT IN SUPPORT OF .ORDER TO SHOW CAUSE Petitioner, For a Judgment Pursuant to Article 78 of the Civil Practice" w and Rilles, '" RJI#: Index No. (names and titles ofRe. . Responden. '. ---------------------------------~ ~ STATE OF NEW YORK ~ COUNTY OF (county where you are located) , ! h (your name) , upon being dilly sw~jn, deposes and says: ,",'i~ 1. I am the Petitioner in this proceeding. 2. I make this affidavit in support of my Pe Civil Practice Law and Rules that this C ~ on pursuant to Article 78 of the I ! J verse and vacate the --determinationmade by Respondents on: (here you must put in the date of the administrative decision you disagree with) tha~ spell out what the decision was that you are chall~ , ~ and that this -~" Court direct Respondent(s) to: (write out what it is YOil are asking the court to do if it decides your petition has merit). SAMPLE FORM ONLY: Recopy or retype for your own case. 3. (Explain in detail why you are using an Order to Show Cause rather than Page 31 405.12 Filing an Article 78 Pro Se KMurtagh-Monks 03/08 a Notice ofPetition. The reason will probably be that you are incarcerated and cannot arrange to have a Notice ofPetition and Petition personally delivered to the Respondent. ) 4. Petitioner'designates (name ofcounty where case isfiled) County as place ;;('of~the :,;. ;'.;. special proceeding. The basis of venue is that (fill in reason you are ," '._~,g in this county, the reason usually is that the hearing, or Respondents' \);:':'1>_ ~il 'aecision or refusal to act took place in this county). 5. No previo . application for the same or similar relief herein prayed for has been maq';,d''E';' , ,,It, tition~J;)",respectfully asks for an Order directing the A~fM Caus ~:;?'tfyhatever it is that you are asking the court to do WHEREFORE"., Respondent to Show II t~1 for you and requesting thelJou. td;~rder) should not be granted, and why such other and further relief as may be just and prqer , '( (You sign this infront ofa Notary; Then print your name below the line.) <iT (leave this section blank, notary public will fill in .qlJ./~..information) .',;;'-;,~~b~,~i.l".:",v· Sworn to before me this of day , _ _. NOTARY PUBLIC SAMPLE FORM ONLY: Recopy or retype for your own case. Page 32 405.12 Filing an Article 78 Pro Se K}Judffigh-11onks03/08