City of Albany, NY
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2024-08-05
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The Code
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Part I Administrative Legislation
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Chapter 30 Courts and Legal Procedures
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Part 2 City Court Act
- The Charter
- Ch C Charter
- The Code
- Administrative Legislation
- Ch 1 General Provisions
- Ch 5 Ambulance Services
- Ch 8 Police Information Reward Program
- Ch 11 Appearance Tickets
- Ch 15 Arms and Seal of City
- Ch 18 Bonds of City Officials; Facsimile Signature and Seal; Notes
- Ch 20 (Reserved)
- Ch 24 Claims Against City
- Ch 30 Courts and Legal Procedures
- Ch 30 Pt 2 City Court Act
- Ch 30 Pt 2 Art II Jurisdiction and General Powers
- § 30-12 City Court continued.
- § 30-13 Jurisdiction.
- § 30-14 No jurisdiction in certain cases.
- § 30-15 Contempt of court; criminal.
- § 30-16 Punishment.
- § 30-17 In view of Court; how punished.
- § 30-18 Punishment limitations.
- § 30-19 Contempts punishable civilly.
- § 30-20 Process; where service may be made.
- § 30-21 Justices; powers of office.
- § 30-22 Rules of practice.
- § 30-23 Court; when and how held.
- § 30-24 Trial, continuation of; special proceeding may be continued before another Justice.
- § 30-25 Death or removal of Justice not to impair proceedings.
- § 30-26 Seal of Court.
- § 30-27 Civil Practice Act; rules of Supreme Court applicable; when.
- Ch 30 Pt 2 Art III Actions; Summons; Parties
- § 30-28 Action; how commenced.
- § 30-29 Summons; requisites.
- § 30-30 Form of summons.
- § 30-31 Method of service.
- § 30-32 Summons; service; court order.
- § 30-33 Summons; service; court order; contents.
- § 30-34 Filing; proof of service.
- § 30-35 Summons; service; court order; failure to appear; time to defend.
- § 30-36 Summons; service; who may serve.
- § 30-37 Summons; return day.
- § 30-38 Summons; indorsements.
- § 30-39 Summons; indorsement.
- § 30-40 Parties; appearance of.
- § 30-41 Guardian ad litem.
- § 30-42 Joinder of parties.
- Ch 30 Pt 2 Art IV Order of Arrest
- § 30-43 Process to be served by Marshal.
- § 30-44 In what cases order of arrest to be granted.
- § 30-45 Affidavit and undertaking upon granting.
- § 30-46 What to direct.
- § 30-47 Papers to be delivered to arrested person; proceeding thereupon.
- § 30-48 Plaintiff to be notified of arrest.
- § 30-49 Undertaking or deposit before return.
- § 30-50 When undertaking or deposit may be furnished.
- § 30-51 Undertaking or deposit after return.
- § 30-52 When and how defendant to remain in custody.
- § 30-53 Duty of Marshal.
- § 30-54 Undertaking by arrested defendant on applying for adjournment.
- § 30-55 Motion to discharge from arrest.
- § 30-56 Privilege from arrest.
- Ch 30 Pt 2 Art V Attachment
- § 30-57 When may be granted.
- § 30-58 What must be shown to procure warrant.
- § 30-59 Contents of warrant.
- § 30-60 Undertaking; plaintiff.
- § 30-61 How warrant to be executed.
- § 30-62 Attachment; how levied.
- § 30-63 Certificate of defendant's interest to be furnished.
- § 30-64 Person refusing certificate may be examined.
- § 30-65 Marshal may maintain action.
- § 30-66 When attachment is discharged, property to be restored to defendant.
- § 30-67 Service of summons and warrant on defendant.
- § 30-68 Undertaking by defendant.
- § 30-69 Claim by third person; bond.
- § 30-70 Judgment upon undertaking.
- § 30-71 Action upon undertaking.
- § 30-72 Return by Marshal.
- § 30-73 Application to vacate or modify warrant of attachment.
- § 30-74 Effect of vacating warrant.
- § 30-75 Judgment.
- Ch 30 Pt 2 Art VI Action to Recover a Chattel; Replevin
- § 30-76 Affidavit and undertakings.
- § 30-77 Affidavit and undertaking by plaintiff.
- § 30-78 Affidavit therefor; before commencement of action.
- § 30-79 Where several chattels are to be replevied.
- § 30-80 Plaintiff's undertaking for replevin.
- § 30-81 When agent may make affidavit for replevin or return.
- § 30-82 Requisition.
- § 30-83 How executed.
- § 30-84 How executed if property concealed.
- § 30-85 Marshal to keep in possession; when and how to deliver.
- § 30-86 Return to requisition.
- § 30-87 Defendant; when to except to sureties; proceedings thereupon.
- § 30-88 Defendant may reclaim chattel; proceedings thereupon.
- § 30-89 When and to whom Marshal to deliver chattel.
- § 30-90 Penalty for wrong delivery by Marshal.
- § 30-91 Claim of title by third person; proceeding thereupon.
- § 30-92 Action against a Marshal on claim.
- § 30-93 Indemnity to Marshal against such action.
- § 30-94 Third party may interplead and defend.
- § 30-95 Answer of title in third person.
- § 30-96 Defendant may demand judgment for return of chattel.
- § 30-97 For delivery of property; how money recovered by the same judgment may be collected.
- § 30-98 Damages when chattel injured by defendant.
- § 30-99 Judgment or verdict; what to state.
- § 30-100 Judgment or verdict, for part of several chattels.
- § 30-101 Damages; how ascertained on default.
- § 30-102 Final judgment.
- § 30-103 Execution; contents thereof.
- § 30-104 Marshal's power to take chattel.
- § 30-105 Action on undertaking; when maintainable.
- § 30-106 Marshal's return; evidence therein.
- § 30-107 Injury; no defense.
- § 30-108 Proceeding where summons not personally served.
- § 30-109 When action not affected by failure to replevy.
- § 30-110 Joinder of action with others.
- Ch 30 Pt 2 Art VII General Regulations Respecting Undertakings
- § 30-111 Requisites of.
- § 30-112 Exceptions to sureties.
- § 30-113 Justification of sureties.
- § 30-114 Allowance of undertaking.
- § 30-115 Filing of undertaking.
- Ch 30 Pt 2 Art VIII Action To Foreclose a Lien On a Chattel
- § 30-116 Warrant in action for.
- § 30-117 Action on conditional sale agreement; how brought.
- § 30-118 Judgment; order of arrest; body execution.
- § 30-119 Judgment; procedures.
- § 30-120 How execution enforced if property be concealed.
- § 30-121 Application of this article.
- Ch 30 Pt 2 Art IX Pleadings
- § 30-122 Pleadings; bills of particulars; special appearances.
- § 30-123 Joinder and severance of causes of action.
- § 30-124 Plaintiff to prove his case; exceptions.
- § 30-125 Summary or partial judgment.
- § 30-126 Defendant may offer to allow judgment or compromise.
- § 30-127 Complaint.
- § 30-128 Answer; contents thereof.
- § 30-129 Counterclaim defined.
- § 30-130 Joinder and severance of counterclaims.
- § 30-131 Rules respecting the allowance of counterclaim.
- § 30-132 Judgment when demand or counterclaim is equal or unequal.
- § 30-133 For affirmative relief.
- § 30-134 Counterclaim when defendant is sued in a representative capacity.
- § 30-135 Counterclaim when plaintiff is an executor or administrator.
- § 30-136 Counterclaim where amount is in excess of Court's jurisdiction.
- § 30-137 Formal reply to counterclaim not necessary.
- § 30-138 Objection to jurisdiction and to pleadings.
- § 30-139 Objections which may be taken by answer.
- § 30-140 Disposal of objections.
- § 30-141 Judgment upon the pleadings.
- § 30-142 Requirements concerning verified pleadings.
- § 30-143 Verification; how and by whom made.
- § 30-144 Exhibition of accounts at instance of adverse party may be ordered.
- § 30-145 Amendment of pleadings.
- § 30-146 Private statute; how pleaded.
- § 30-147 Judgments; how pleaded.
- § 30-148 Conditions precedent; how pleaded.
- § 30-149 Pleadings to be liberally construed.
- § 30-150 Immaterial variance in pleading to be disregarded.
- § 30-151 Material variances; how provided for.
- § 30-152 What to be deemed a failure of proof.
- § 30-153 Partial defenses.
- § 30-154 Corporations; actions by or against.
- § 30-155 Corporations; action by or against; proof of existence.
- § 30-156 Corporations; actions by or against; misnomer.
- § 30-157 Answer; title to real property.
- § 30-158 Answer; title to property; undertaking.
- § 30-159 Answer; title to real property; new action; venue.
- § 30-160 Answer; title to real property; old action.
- § 30-161 Answer; title to real property; undertaking; failure to deliver.
- § 30-162 Trial; title to real property.
- § 30-163 Answer; title to real property; new action; causes of action.
- § 30-164 Answer; title to real property; two or more causes of action.
- § 30-165 Interpleader.
- Ch 30 Pt 2 Art X Adjournments; Subpoena; Attendance of Witnesses
- § 30-166 Adjournments; restoration of case to calendar when no appearance.
- § 30-167 Adjournment; conditions.
- § 30-168 Witnesses; attendance.
- § 30-169 Subpoena; service.
- § 30-170 Subpoena; failure to appear.
- § 30-171 Subpoena; warrant of attachment; execution; fees.
- § 30-172 Subpoena; failure to appear; liability; fine or punishment.
- Ch 30 Pt 2 Art XI Depositions
- § 30-173 Commission; authorized to take testimony.
- § 30-174 Commission on consent; deposition upon oral questions.
- § 30-175 When and how commission granted.
- § 30-176 Adjournment where commission granted.
- § 30-177 How executed and returned.
- § 30-178 Certificate of execution; form.
- § 30-179 Certificate; sufficient return.
- § 30-180 When deposition may be suppressed.
- § 30-181 Deposition; evidence.
- § 30-182 Power of commissioners.
- § 30-183 Receipt of commission; Court Clerk.
- § 30-184 Deposition to take testimony conditionally.
- § 30-185 Affidavit on application; requirements.
- § 30-186 Deposition by consent.
- § 30-187 Order for examination.
- § 30-188 Punishment for disobeying order; witness fees.
- § 30-189 Service of order.
- § 30-190 Adjournment of examination.
- § 30-191 Party confined in prison.
- § 30-192 Rules for examination; manner of taking and returning deposition; refusal of person examined to answer.
- § 30-193 Deposition may be read in evidence; when.
- § 30-194 Effect of deposition.
- Ch 30 Pt 2 Art XII Trial; Trial Jurors; Jury Term
- § 30-195 Time for rendering judgment or decision.
- § 30-196 Trial by jury; drawing the jury.
- § 30-197 Adjournments after return of jury.
- § 30-198 Compensation of jurors.
- § 30-199 List of jurors.
- § 30-200 How jury summoned; notice.
- § 30-201 Talesmen.
- § 30-202 Jurors to serve in other cases.
- § 30-203 Jury term may be ordered.
- § 30-204 Surplus jury fees to be paid to City Treasurer.
- § 30-205 Ballots of jurors summoned but not drawn.
- § 30-206 Verdict; requisites.
- § 30-207 Conduct of trial.
- § 30-208 Submission of a controversy upon facts admitted.
- § 30-209 Papers to be filed.
- § 30-210 Subsequent proceedings regulated.
- Ch 30 Pt 2 Art XIII Judgments
- § 30-211 Judgments generally.
- § 30-212 Nonsuit; when authorized.
- § 30-213 Judgment of dismissal on merits; when.
- § 30-214 Judgment when sum exceeds jurisdiction.
- § 30-215 Judgment where defendant liable to arrest.
- § 30-216 Court may direct verdict; when.
- § 30-217 Court may open default.
- § 30-218 Motion to set aside verdict or vacate or amend judgment or final order.
- § 30-219 New trial; fraud or newly discovered evidence.
- § 30-220 Court may impose conditions.
- § 30-221 Stay of proceedings.
- Ch 30 Pt 2 Art XIV Executions
- § 30-222 How issued.
- § 30-223 Transcript, how to issue; judgment of County Court when docketed.
- § 30-224 When satisfaction of judgment presumed.
- § 30-225 Real property bound for ten years by a judgment thus docketed.
- § 30-226 Judgment, and effect of, against defendants jointly indebted when all are not served.
- § 30-227 Execution; indorsement thereupon.
- § 30-228 How collected.
- § 30-229 Judgment, how docketed; effect of docketing.
- § 30-230 Action against joint debtors.
- § 30-231 Docketing judgment in another county.
- § 30-232 Judgment against Marshal.
- § 30-233 Execution; requisites.
- § 30-234 Arrest.
- § 30-235 Renewal of execution.
- § 30-236 Arrest and sale of property limited.
- § 30-237 Marshal; when liable to execution; creditor.
- § 30-238 Satisfaction of judgments.
- Ch 30 Pt 2 Art XV Appeals
- § 30-239 Appeals; to what courts taken.
- § 30-240 When and how taken.
- § 30-241 Notice of appeal; service.
- § 30-242 Notice of appeal; service; error.
- § 30-243 Undertaking to stay execution upon judgment.
- § 30-244 Proceedings; how stayed.
- § 30-245 Return on appeal.
- § 30-246 Settlement of case on appeal.
- § 30-247 When Justice is dead.
- § 30-248 Appeal when adverse party has died.
- § 30-249 Proceedings when party dies pending appeal.
- § 30-250 Order of substitution.
- § 30-251 Restitution upon reversal.
- § 30-252 Setting off costs and recovery.
- § 30-253 Hearing on appeal, dismissal thereof; reversal on stipulation.
- § 30-254 Judgment or final order.
- § 30-255 Appellate Division; inapplicability of sections.
- § 30-256 Certified copy of judgment after appeal to be filed.
- § 30-257 New trial ordered by Appellate Division.
- Ch 30 Pt 2 Art XVI Costs and Fees
- § 30-258 When prevailing party to recover costs.
- § 30-259 When neither party to recover costs.
- § 30-260 Costs; sums allowed.
- § 30-261 Costs on motion to dismiss a pleading.
- § 30-262 Costs on amendment of pleading.
- § 30-263 Costs on adjournment.
- § 30-264 Costs after discontinuance, upon answer of title.
- § 30-265 Costs where title to real property in question.
- § 30-266 Taxation of costs.
- § 30-267 Review of taxation.
- § 30-268 Costs; duty of Clerk on taxation.
- § 30-269 Costs; affidavit respecting disbursements.
- § 30-270 Costs upon appeal; to whom.
- § 30-271 Costs upon appeal; amount.
- § 30-272 Court not to receive fees except in summary proceedings.
- § 30-273 Witnesses' fees.
- § 30-274 Marshal's fees.
- § 30-275 Costs on order to prosecute Marshal's bonds.
- § 30-276 Security for costs.
- Ch 30 Pt 2 Art XVII Justices
- § 30-277 Election and term of office.
- § 30-278 Who is eligible to office of Justice.
- § 30-279 Salary of Justices.
- § 30-280 Vacancy in office; how filled.
- § 30-281 Appointment of subordinates.
- Ch 30 Pt 2 Art XVIII Clerk
- § 30-282 Clerk; appointed.
- § 30-283 Duties of the Clerk.
- § 30-284 Docket; what to contain.
- § 30-285 Docket entries; how to be made.
- § 30-286 Index to docket.
- § 30-287 To be delivered by Clerk to his successor.
- § 30-288 Successor may issue execution on former unsatisfied docket.
- § 30-289 Certified copies; prima facie evidence.
- Ch 30 Pt 2 Art XIX Marshals
- § 30-290 Appointment and term of office; rules and regulations prescribing attendance.
- § 30-291 Marshal not to appear.
- § 30-292 Bond to be executed by.
- § 30-293 Prosecution of bond.
- § 30-294 In what court bond may be prosecuted.
- § 30-295 Judgments against Marshals; transcript and execution.
- § 30-296 Entry of judgment to be indorsed on bond; how.
- § 30-297 Amount collected to be credited on bond.
- § 30-298 City Clerk to report canceled bonds to court; renewal of bond.
- § 30-299 Appointment deemed waived for failure to file bond.
- § 30-300 Process to be served by Marshals.
- § 30-301 Marshal may serve process within City limits or adjoining town.
- § 30-302 Certain laws in relation to Sheriffs made applicable.
- § 30-303 Marshal to keep entry book and indorse.
- § 30-304 Removal and suspension of Marshals.
- § 30-305 Payment of money received by Marshals.
- Ch 30 Pt 2 Art XX Stenographers
- § 30-306 Appointment and removal.
- § 30-307 Filing of original notes; rulings to be noted.
- § 30-308 Preservation of original notes; writing out of the same.
- § 30-309 Furnish copy of written notes; fees.
- § 30-310 Salary.
- Ch 30 Pt 2 Art XXI Definitions; Effects of Part; Repealer
- § 30-311 Definitions and word usage.
- § 30-312 Saving clause.
- § 30-313 Construction.
- § 30-314 Laws repealed.
- Ch 30 Pt 2 Art XXII Rules of Practice of the City Court of Albany
- § 30-315 Return of process.
- § 30-316 Calendar practice.
- § 30-317 Jury calendar.
- § 30-318 Justice's decisions.
- § 30-319 Requirements of return and other papers.
- § 30-320 Fees.
- § 30-321 Settlement of actions of infants and incompetents.
- § 30-322 Payment of money out of court.
- § 30-323 Special rules for eviction proceeding.
- Ch 34 Meetings
- Ch 35 Appointees to Public Bodies; Removal From Office
- Ch 36 Automated External Defibrillators in Municipal Buildings
- Ch 38 Defense and Indemnification of Employees
- Ch 42 Departments and Commissions
- Ch 48 Equal Opportunity Protections
- Ch 54 Financial Disclosure
- Ch 57 Fiscal Year and Annual Estimate
- Ch 62 Labor
- Ch 68 Merit Award Board
- Ch 74 Printing; Publication; Publicity
- Ch 75 Policy Documents Repository
- Ch 82 Real Property Within City
- Ch 90 Traffic Violations Bureau
- Ch 98 Youth Bureau
- Ch 99 Website Financial Data
- General Legislation
- Ch 105 Alcoholic Beverages
- Ch 111 Amusements
- Ch 115 Animals
- Ch 121 Auctions and Auctioneers
- Ch 127 Bingo
- Ch 133 Building Construction
- Ch 133A Building Construction and Housing: Special Provisions
- Ch 135 Buildings, Numbering of
- Ch 137 Bulletin Boards
- Ch 141 Businesses
- Ch 142 Business Improvement Districts
- Ch 147 Collateral Loan Brokers
- Ch 151 Commercial Standards
- Ch 152 Conversion Therapy
- Ch 153 Community Choice Aggregation
- Ch 161 Economic Development Zone
- Ch 167 Elections
- Ch 171 Electricity
- Ch 175 Elevators
- Ch 181 Environmental Quality Review
- Ch 183 Equity Agenda
- Ch 187 Fair Housing
- Ch 188 Fair Hotel Consumer Practices
- Ch 193 Firearms and Ammunition
- Ch 197 Fire Prevention
- Ch 203 Freshwater Wetlands
- Ch 211 Grading and Mining
- Ch 217 Handbills
- Ch 223 Health
- Ch 231 Housing
- Ch 239 Junk Dealers and Scrap Metal Processing
- Ch 245 Licenses
- Ch 246 Newsracks
- Ch 247 Parking Violations Amnesty Program - 2015
- Ch 251 Parks and Recreation
- Ch 255 Peace and Good Order
- Ch 258 Penalties
- Ch 259 Pesticides
- Ch 261 Plumbing
- Ch 267 Pollution
- Ch 270 Public Pay Telephones
- Ch 272 Public Transportation
- Ch 293 Secondhand Dealers
- Ch 299 Sewers
- Ch 303 Sidewalk and Outdoor Cafes
- Ch 307 (Reserved)
- Ch 309 Special Events
- Ch 313 Solid Waste
- Ch 319 Store Sales
- Ch 323 Streets and Sidewalks
- Ch 329 Tattoo Parlors
- Ch 333 Taxation
- Ch 341 Transient Retail Businesses
- Ch 345 Trees and Vegetation
- Ch 353 Vehicles for Hire
- Ch 357 Vehicles, Off-Road
- Ch 359 Vehicles and Traffic
- Ch 363 Vendors
- Ch 371 Water and Waterways
- Ch 373 Youth Protection Against Tobacco Promotion
- Ch 375 Unified Sustainable Development
- Appendix
- Ch A377 Certain Territory Located in Town of Colonie
- Ch A381 Certain Territory Located in Town of Bethlehem
- Disposition List
- Ch DL Disposition List
