There shall be within the city a court known and designated as the "City Court of Peekskill," presided over by the City Judge, appointed as hereinbefore provided, with powers and jurisdiction as prescribed by law.
The Council shall appoint as Assistant City Judge a person who has the qualifications prescribed for the City Judge to perform the same duties of the City Judge as prescribed by law.
The Council shall supply and properly furnish suitable rooms for holding court therein and furnish other equipment necessary for the proper conduct of said Court.
The City Court shall have jurisdiction in the civil actions and proceedings as enumerated in the Uniform City Court Act and the Uniform Civil Rules for the City Courts Outside the City of New York.
[1]
Editor's Note: This section has been superseded by state statute.
A subpoena requiring a witness to appear and testify on the trial of an action or a special proceeding shall be issued pursuant to New York State Uniform City Court Act and Civil Practice Law and Rules.
A subpoena may be served in a manner set forth in the New York State Uniform City Court Act and Civil Practice Law and Rules.
Pursuant to the New York State Uniform City Court Act and the Civil Practice Law and Rules.
Pursuant to the New York State Uniform City Court Act and the Civil Practice Law and Rules.
The City Judge and Assistant City Judge shall have such criminal jurisdiction as set forth in the Uniform City Court Act and Criminal Procedure Law.
The City Judge shall appoint a Clerk of the City Court and such other employees necessary for the proper conduct of the business of the City Court, provided that the position of each employee has been authorized pursuant to the New York State Uniform City Court Act and the Civil Practice Law and Rules. The City Judge shall be in responsible charge of all matters of the City Court and shall have all authority necessary for the proper conduct of the business of said Court.
Pursuant to the New York State Uniform City Court Act and the Civil Practice Law and Rules.
All actions brought in the City Court of Peekskill shall be commenced by the service of a summons in the form as set forth in the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
A party to an action in said Court may answer any pleading or may reply to an answer within the time set forth in the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York after the service of a copy of the pleadings to which they answer or reply.
The forms of process, pleading and proceedings and the manner of pleading and procedure shall be used as prescribed by the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
The general rules of practice adopted pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York shall apply to all proceedings and actions in said Court, as far as they may be applicable. The City Judge may make such other rules for said Court as are not inconsistent therewith.
A motion for judgment on the pleadings and for other relief as allowed by the Civil Practice Law and Rules of the State of New York and Uniform Civil Rules for the City Courts Outside the City of New York may be made on notice as set forth therein.
The only modifications and limitations upon the application and effect of the Civil Practice Law and Rules of the State of New York in relation to actions and proceedings in said Court are the provisions of this law.
A notice of trial shall be served and filed pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
A notice of motion shall be served and filed pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
The terms and parts of this Court shall be determined pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
The City Court shall be open every day for transaction of business, except Sundays and legal holidays, and any motion in said Court or before the City Judge may be noticed for hearing for any such day. The City Judge may by rule designate terms for the trial of issues in actions in said Court, and any action in said Court may be noticed for trial at any such designated terms.
No process issued or suit or proceeding pending in said City Court of Peekskill shall be discontinued by reason that the Court shall not be held on any stated day, but such process shall be deemed returnable and such suit or proceeding shall be deemed continued to the next day which the Court shall be held.
In all cases tried before the City Judge without a jury, the decision shall be rendered and filed with the Clerk of said Court pursuant to applicable state statute or Uniform Civil Rules for the City Courts Outside the City of New York as promulgated by the Chief Administrative Judge within 20 days after the same shall have been finally submitted for determination, unless the parties shall stipulate that the time be extended.
The said City Court shall have power to grant new trials and open defaults in the same manner as provided in the New York State Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules.
Except the summons, every process and mandate shall be directed either to the Sheriff of the County of Westchester or a Marshal of the City of Peekskill.
Jury trials; summoning special jury shall be made pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
The party demanding a jury shall at the time of such demand pay to the Clerk of the City Court the sum as set forth in the Uniform City Court Act and Civil Practice Law and Rules of the State of New York.
Conduct, appearance and the summoning of jurors is governed by the Westchester County Commissioner of Jurors pursuant to state statute.
(a) 
Jurors' fees. Every juror shall receive the fee provided by the New York State Uniform City Court Act to be paid him/her by the Office of Court Administration in the amount set forth by state statute.
(b) 
Jury term. The City Judge may by rule designate terms for the trying of issues by jury in said Court, except during the months of July and August, during which months there shall be no jury term.
(c) 
Special jury. If in an action or special proceeding, trial by jury is demanded at a time when no jury is in existence and it appears to the City Judge that the rights of a party may be prejudiced by delaying the trial until the next jury term, the City Judge may order the Clerk to summon in the manner herein prescribed such number of jurors as the City Judge may direct, to appear at the Court at the time and place to be therein named to try such action or special proceeding.
Discipline of jurors for nonattendance shall be governed by state law.
The City Marshals shall have such powers and perform such duties as may be prescribed in this act or by the Council. The City Marshals shall in the City Court perform the same duties as are performed by Sheriffs in courts of record and shall have the power to execute all process of said Court in the same manner as the process in other courts of record are executed by the Sheriff. All acts to be done and performed by the Sheriff may be done by the Marshal of the City Court, and all moneys paid by the Sheriff or Marshal into the Court shall be paid to the Comptroller to the credit of the action and subject to the order of the Court. The Marshals of the city shall have and possess the same powers in relation to all matters and proceedings in the City Court of the city and be empowered to perform the same duties therein as the Sheriff of Westchester County or any constable or police officer of the city.
The City Marshals shall keep an accurate account of all fees received by each of them, except fees received in civil actions or proceedings, from whom received, the time of receiving the same and, on the first business day of each month, shall deposit with the Comptroller the amount thereof received in the last preceding month, with a detailed statement of the items thereof, verified by the affidavit of the City Marshal to the effect that the same is correct and that it embraces all moneys, except fees in civil actions or proceedings, received by said City Marshal for fees during the period covered by such statement.
The said Marshals shall be entitled to the same fees as the Sheriff of Westchester County for like services, to be paid by the party requiring said services, but the said Marshals shall receive no fees or compensation for the service of any criminal process issued out of said City Court, and it shall be the duty of the police officers of the city to execute all such process.
(Reserved)[1]
[1]
Editor's Note: This section has been superseded by state statute.
(Reserved)[1]
[1]
Editor's Note: This section has been superseded by state statute.
There shall be paid to the Clerk of the Court, court fees as set forth in the Uniform City Court Act and Civil Practice Law and Rules of the State of New York and any other applicable state statute, code, rule or regulation.
All fees or fines shall be paid pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
All orders, papers, undertakings and judgment rolls in actions in said Court shall be filed in the office of the Clerk of said Court.
The said Clerk shall keep a docket book in the Clerk's office, in which all judgments rendered in said City Court shall be docketed.
In all actions brought in the City Court there shall be allowed to the prevailing party costs as set forth in the Uniform City Court Act and Civil Practice Law and Rules of the State of New York.
Taxation of costs shall be made pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
Executions, transcripts, proceedings supplementary to judgment and enforcement of judgments shall be made pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
Vacating and amending judgments and orders; opening defaults and granting new trials shall be made pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
Review of intermediate orders shall be made pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
An appeal must be taken within the time limit set forth in the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
Appeals shall be made pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
Stay of execution pending appeal shall be made pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
Security for costs, undertakings, exceptions to and justification of sureties shall be made pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and the Civil Practice Law and Rules of the State of New York.
When a party dies before an appeal has been taken, or when a party to an appeal dies before the appeal is heard, the proceedings after death shall be governed by the provisions of the Civil Practice Law and Rules of the State of New York.
Remitter and return of papers shall be submitted pursuant to the Uniform City Court Act and Uniform Civil Rules for the City Courts Outside the City of New York and The Civil Practice Law and Rules of the State of New York.
When an appeal has been taken as herein prescribed, the stenographer's original transcript of minutes, if any testimony was taken, must be certified by the Court stenographer to be a true and correct transcript of the minutes taken and must be furnished to the Appellate Court by the appellant in accordance with the rules of the Appellate Court having jurisdiction over the matter, and the Clerk of the City Court, upon receipt of the fees prescribed by this act, shall cause a return to be filed with the Clerk of the Appellate Court which shall contain the judgment, order or final order appealed from and all the original papers upon which the judgment, order or final order was rendered or made, duly authenticated by the certificate of the Clerk, unless waived by consent of the parties, duly certified copies, and shall have annexed thereto the opinion of the Court, if any, and the notice of appeal. The appeal to the Appellate Division shall be governed by the provisions of the Civil Practice Law and Rules.
No process, action, judgment, execution, special proceeding or criminal proceeding shall abate or be discontinued by reason of the death, removal from office or vacancy in office of the City Judge or the Assistant City Judge, but the successor in office of the said City Judge shall proceed to hear, try and determine and give judgment in and upon the same and upon all matters and things pending before and undecided or not acted upon or endorsed by his/her predecessor in office, with the same powers, jurisdiction and authority as his/her predecessor had.