67. Dismissal of claims. 68. Proofs. 69. Referee to take proofs. General provisions 70. Taking testimony out of court. 71. Briefs. 72. Form of requests to find. JUDGMENT 73. Judgments generally. 74. Form of judgment. 75. Judgment of dismissal for want of prosecution. 76. Judgment-roll after hearing. 77. Costs, fees and disbursements. APPEALS 80. Appeals generally. 81. Case on appeal by stipulation. 82. Settlement and filing case on appeal. 83. Abandonment of case on appeal. 84. Proceedings upon abandonment of case on appeal. 85. Remittitur on appeal. 86. Order upon remittitur. 87. Costs on appeal. SATISFACTION OF JUDGMENT 90. Satisfaction of judgment. GENERAL PROVISIONS 1. Application of rules and practice of Supreme Court Except as otherwise provided in these rules or the Code of Civil Procedure the practice in this court shall be the same as in the Supreme Court. (Code Civ. Pro., § 265.) 2. Substitution of attorney Written notice of substitution of attorney shall be filed with the clerk and notice thereof served on the attorneygeneral. General provisions 3. Interpleader, consolidation and new parties For provisions relating to interpleader, consolidation and new parties, see Code of Civil Procedure, § 281. 4. Service of notice by mail Any notice required to be served by the rules may be served by mail. If upon the claimant or his attorney, by directing the same to him at the post-office address indorsed upon the claim filed. 5. Extensions of time The time within which an act is required to be done, excepting the time to file claims or to appeal, may be extended by order of the court or a judge thereof. 6. Discontinuance where counterclaim is pleaded Where a counterclaim is pleaded, the claimant cannot discontinue except with the consent of the court. 7. Settlement and compromise For provisions relating to the settlement and compromising of canal claims, see Code of Civil Procedure, § 270. 8. Size of paper used for claims and other papers Where a claim or other paper in a case is typewritten. the size of the paper used shall be substantially 8 inches by 13 inches and when printed substantially 8 inches by 1011⁄2 inches. 9. Use of number of claim The number given a claim by the clerk shall be used by the claimant or his attorney upon all papers in the case. General provisions 10. Folioing motion papers All motion papers exceeding two folios in length shall be folioed. 11. Date of issue The date of issue is the date of filing the claim, except that a claim passed on the call of the calendar shall take as its date of issue the date of its passage. 12. Calendar 1. Unless otherwise directed by the court, the clerk shall make a calendar of claims to be heard for each regular or special term. 2. The clerk shall place upon the calendar (1) claims that have been properly noticed and in which notes of issue have been filed; (2) claims which have been stipulated on the calendar; (3) claims which may have been ordered thereon by the court; and (4) those designated by the attorney-general in a written notice filed with the clerk before the calendar is made up. 13. Duties of the clerk 1. The clerk shall not receive or file any claim, counterclaim or reply unless the same is verified as prescribed in the rules. 2. The clerk shall not receive or file a claim for a permanent appropriation unless the claim contains a duplicate of the certified map containing description of appropriation served on claimant. 3. Each claim shall be numbered by the clerk in the order of its filing, and an amended or supplemental claim shall take the same number as the original claim. 4. The time when an amendment to a pleading is allowed shall be entered by the clerk upon the minutes. 5. The clerk shall deliver three copies Commencement of action of each claim to the attorney-general or his deputy, and shall retain the remaining copies for the use of the court. 6. The clerk shall notify the claimant or his attorney of the date of filing a claim and of its number. 7. The clerk shall mail a copy of the calendar at least ten days before the beginning of the session, to each claimant whose claim appears thereon, or to his attorney. 8. The clerk shall keep on file in his office each judgmentroll. 9. The clerk shall not file a case on appeal or case and exceptions, unless the same is ordered filed as herein provided. 10. The clerk shall enter all substitutions of attorneys properly made. (As amended Sept. 30, 1909.) COMMENCEMENT OF ACTION General provisions 16. Notice of intention to file claim For provisions relating to notice of intention to file claim, see Code of Civil Procedure, § 264. 17. Appointment of guardian ad litem A guardian ad litem may be appointed by the court, or one of the judges thereof, as provided by the rules of practice of the Supreme Court. Pleadings generally 19. Forms for pleadings The following forms are submitted as models for plead Claim for damages for negligence FORM A Claim for damages for negligence STATE OF NEW YORK-COURT OF CLAIMS JOHN DOE, against STATE OF NEW YORK. 1. This claim is for negligence of the state in constructing and maintaining a bridge known as the Newport bridge over the old Erie canal in the village of Warners, N. Y., and particularly in failing to provide said bridge with suitable railings and to light the same. 2. On December 22, 1905, without any negligence on his part, claimant fell off the west side of said bridge about the middle thereof and received the following injuries: (State in detail injuries received.) 3. This claim has not been assigned and has not been submitted to any other tribunal or officer for audit or determination. 4. This claim was filed within two years and a notice of intention to file the claim was filed within six months after the claim accrued as required by law. 5. Attached is a small rough drawing of the place of the accident. 6. The particulars of claimant's damages are as follows: Dr. Bell's bill for services. $50 00 |