![]() ![]() The court says that article 4 is a statute that was created to provide uniform rules that are applicable to all proceedings (Alexander Practice Commentaries, McKinneys Cons of Laws of NY, Book 7B, Civil Practice Laws and Rules 401, C401:1 at 340. This includes a rule that that a leave of court needs to be obtained prior to serving a demand for disclosure (Civil Practice Law 408) and is an issue that is yet to be resolved (Lebedeff v Lebedeff 17 NY 557, 559 1966, Matter of K.Z. Whether any of the proceedings are in the jurisdiction of the family court are considered special proceedings and come under the guidelines of Civil and Practice Rules, Article 4. These court rules will vary from state to state. ![]() A motion may be brought at any stage of a case, though the right to do so is regulated by court rules. In the United States, a legal motion is a procedural device to call the court to make a decision on a particular issue. The court says that where an obligation can be enforced or a right established the procedure is similar to a motion, but ends with a judgment (Cruz v TD Bank N.A. The court defines special proceedings as a “hybrid between an action and a motion” (Weinstien-Korn-Miller NY Civil Practice 401.03 at 4-8. He argues that this is a special proceeding and that a special proceeding, and that a special leave of court is required to obtain a disclosure (Civil Practice Law and Rules 408, 3042) The respondent filed this motion for an order to compel compliance (Civil Practice Law and Rules Sec. The Petitioner declined to serve a bill of particulars complying with the demand. filed for an Order Compelling the Petitioner, Carlos L., to serve a bill of particulars, which is granted (Civil Practice Law and Rules sec. The attorney for the defendant was Heather Lothrop of Kew Gardens. ![]()
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