§ 403. Notice of petition; service; order to show cause.
213 words·~1 min read·
/ny/civil-practice-law-rules/special-proceedings/403·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 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.