CIV-LT-10 – Affirmation in Support of Order to Show Cause (To Restore to the Calendar) – New York
The “CIV-LT-10 – Affirmation in Support of Order to Show Cause (To Restore to the Calendar)” form is used in the Civil Court of the City of New York, specifically in Housing Court. This form is typically filed by either the petitioner or respondent in a housing-related legal proceeding, such as a landlord-tenant dispute. The primary purpose of the form is to request the court to restore a previously dismissed or adjourned case back to the court calendar for further proceedings.
Key Sections of the Form
Court and Case Information
- Part/County: Identifies the specific part and county of the Civil Court.
- Index Number: The unique case identifier assigned to the proceeding.
Petitioner and Respondent Details
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- Names and Addresses: The form requires the names and addresses of the petitioner(s) and respondent(s).
Affirmation by the Applicant
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- The applicant (either the petitioner or respondent) must affirm their identity and role in the case.
- Tenant’s Initials: If applicable, the tenant’s initials must be provided.
Details of the Trial or Stipulation
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- Information about any previous stipulation (written agreement) between the landlord and tenant or details of the trial held before a judge.
Reason for Application
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- A detailed explanation of why the case should be restored to the calendar. This could include reasons such as new evidence, non-compliance with a stipulation, or other significant factors.
Request to Restore the Case
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- The applicant formally requests the court to restore the case to the calendar and may ask for permission to serve papers personally.
Prior Orders and Cases
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- The form requires disclosure of any previous orders to show cause related to the same index number and details of any prior cases involving the same landlord and tenant.
Affirmation under Penalty of Perjury
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- The applicant must sign and date the form, affirming the truthfulness of the provided information under penalty of perjury, which could include fines or imprisonment.
Additional Information
- Free Housing Court Form: The form is provided free of charge and can be accessed online through the New York Courts website.
- Penalties for False Information: Applicants are reminded of the legal consequences of providing false information.
This form is essential for individuals seeking to have their housing-related cases reconsidered by the court, ensuring that all relevant details and justifications are formally presented.