The petition shall demand the expungement or redaction of such financing statement or, as appropriate, any amendment thereof, in the office in which the financing statement is filed; and may demand any additional relief authorized under section 9-625 of the Uniform Commercial Code.
APPENDIX A
PETITION IN SPECIAL PROCEEDING PURSUANT TO
SECTION 9-518 (d) OF THE UNIFORM COMMERCIAL CODE
SUPREME COURT OF THE STATE OF NEW YORK
County of __________
[Caption Box] PETITION Index No. Judge Assigned |
Petititoner [name of Petitioner], by his [or her] undersigned [attorney or attorneys] alleges as follows:
NATURE OF THIS PROCEEDING
This is a Special Proceeding brought pursuant to section 9-518 (d) of the Uniform Commercial Code to [redact or expunge, as applicable] a falsely-filed [or -amended] financing statement the contents of which are described in section 9-502 of the Uniform Commercial Code.
THE PARTIES
FIRST CAUSE OF ACTION
SECOND CAUSE OF ACTION [if applicable]
There has been no previous application for the relief demanded in this proceeding in this or any other Court [or, if there has been such an application, so state and specify new facts not previously shown, if any].
DEMAND FOR RELIEF
WHEREFORE, Petitioner demands judgment against the Respondent as follows:
___________
Attorney(s) for Petitioner
APPENDIX B
SUPREME COURT OF THE STATE OF NEW YORK
County of __________
[Caption Box] PETITION Index No. Judge Assigned |
The above-entitled special proceeding brought pursuant to section 9-518 of the Uniform Commercial Code having come on to be heard before the Honorable Justice _____ at Part ___ of this Court, held at the Courthouse at [include Courthouse address], on [include month, date and year], and the Petitioner having appeared by his [or her] attorney and the Respondent having [include, as applicable, "appeared by his [or her] attorney"/"failed to appear"], and the Court having, after due deliberation, found that:
__ the following allegations, as set forth in the Petition, have been established:
____________________________
____________________________
____________________________
____________________________
__ the allegations, as set forth in the Petition, have not been established,
Now, it is hereby
ORDERED, ADJUDGED AND DECREED, that:
__ the Petitioner have judgment against the Respondent and that the _____________________________
_____ [name of the office in which the financing statement to be expunged or redacted is filed] is directed to:
__ expunge from the public record _____________
____________________________
[describe the financing statement to be expunged]
__ redact on the public record _____________
____________________________
[describe the financing statement to be redacted and the specific redaction being ordered]
__ the Respondent have judgment against the Petitioner and that this Special Proceeding be dismissed.
__ the Petitioner have the following relief as authorized by section 9-625 of the Uniform Commercial Code:
____________________________
____________________________
____________________________
__ the Respondent be enjoined from filing or amending any further financing statement pursuant to Article 9 of the Uniform Commercial Code without leave of this Court.
__ [describe such further relief as the Court is ordering]
____________________________
____________________________
Dated: [month, date, year]
Enter
____________
Justice, Supreme Court, ________ County
N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.9-a