N.Y. Comp. Codes R. & Regs. tit. 22 § 141.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 141.4 - Transfer of IDV- and DV-eligible cases

Unless the administrative order establishing an IDV part or a DV part in a county shall otherwise provide:

(a) Where an IDV-eligible case is pending in a court other than Supreme Court in such county or where a DV-eligible case is pending in a court other than the Supreme or County Court in such county:

(1) Originals or copies of papers and other documents filed in such court in connection with the case shall, directly following its identification as IDV-eligible or DV-eligible, be sent by the court to the respective IDV part or DV part.

(2) Not later than five days following receipt of the original papers and other documents in an IDV-eligible case in an IDV part, the justice or judge presiding in such part shall determine whether or not a transfer of the case to the part would promote the administration of justice. If the justice or judge determines that it would, he or she may order such transfer, in which event the case shall be referred for disposition to the part, all original papers, if not already sent, shall be sent from the originating court to the part, and all further proceedings shall be conducted therein. If the justice or judge determines that such a transfer would not promote the administration of justice, he or she shall cause all papers and other documents in the case to be returned to the court from which they were received, where all further proceedings in such case shall be conducted in accordance with law.

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subdivision, where the case is a criminal case and the defendant is held by the local criminal court for the action of a grand jury empaneled by a County Court, only copies of the papers and other documents filed with such court shall be delivered to the IDV part or DV part; and the justice or judge presiding therein may at any time order a transfer of the case to the respective part provided he or she determines that such a transfer would promote the administration of justice. The original papers and other documents filed with the local criminal court shall be delivered to the County Court as required by section 180.30(1) of the Criminal Procedure Law.

(b) Where and IDV-eligible case is a case pending in Supreme Court or where a DV-eligible case is a case pending in the Supreme or County Court where a DV part has been established, it shall be referred for disposition to the respective IDV part or DV part of such court and all further proceedings shall be conducted therein.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 141.4