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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 403: Notice of petition; service; order to show cause

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 4. Special Proceedings

§ 403. Notice of petition; service; order to show cause. (a) Notice of

petition. A notice of petition shall specify the time and place of the

hearing on the petition and the supporting affidavits, if any,

accompanying the petition.

(b) Time for service of notice of petition and answer. A notice of

petition, together with the petition and affidavits specified in the

notice, shall be served on any adverse party at least eight days before

the time at which the petition is noticed to be heard. An answer and

supporting affidavits, if any, shall be served at least two days before

such time. A reply, together with supporting affidavits, if any, shall

be served at or before such time. An answer shall be served at least

seven days before such time if a notice of petition served at least

twelve days before such time so demands; whereupon any reply shall be

served at least one day before such time.

(c) Manner of service. A notice of petition shall be served in the

same manner as a summons in an action.

(d) Order to show cause. The court may grant an order to show cause to

be served, in lieu of a notice of petition at a time and in a manner

specified therein.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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