new york practice forms - new york state bar association

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NEW YORK PRACTICE FORMS 2017-2018 EDITION Click on the Topic of Interest for a list of forms available for that topic Arbitration (ARB) Matrimonial Law (MAT) Buying and Selling a Small Business (BUY) Mechanic's Liens (MEC) Commercial Real Estate (CRE) Mortgage Foreclosures (MF) Corporate and Partnership (COR) Criminal Law (CRM) Debt Collection (COL) Elder Law (ELDR) Mortgages (MORT) Probate & Administration of Decedents' Estates (PRB) Real Estate Transactions – Residential Property (RE) Representing the Personal Injury Plaintiff in NY (PI) Enforcement of Money Judgments (ENF) Will Drafting (WIL) Guardianship (GUAR) Zoning & Land Use (ZON) Limited Liability Companies (LLC) NYPF: 2017-18

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Page 1: NEW YORK PRACTICE FORMS - New York State Bar Association

NEW YORK PRACTICE FORMS

2017-2018 EDITION

Click on the Topic of Interest for a list of forms available for that topic

Arbitration (ARB) Matrimonial Law (MAT)

Buying and Selling a Small Business (BUY) Mechanic's Liens (MEC)

Commercial Real Estate (CRE) Mortgage Foreclosures (MF)

Corporate and Partnership (COR)

Criminal Law (CRM)

Debt Collection (COL)

Elder Law (ELDR)

Mortgages (MORT)

Probate & Administration of Decedents' Estates (PRB)

Real Estate Transactions – Residential Property (RE)

Representing the Personal Injury Plaintiff in NY (PI)

Enforcement of Money Judgments (ENF) Will Drafting (WIL)

Guardianship (GUAR) Zoning & Land Use (ZON)

Limited Liability Companies (LLC)

NYPF: 2017-18

Page 2: NEW YORK PRACTICE FORMS - New York State Bar Association

ARBITRATION & MEDIATIONH

ARB001 Notice of Petition to Compel Arbitration

ARB002 Petition to Compel Arbitration

ARB003 Notice of Motion to Stay Action and Compel Arbitration

ARB004 Supporting Affidavit on Notice to Stay Action and Compel Arbitration

ARB005 Notice of Moti on to Compel Arbitration Before the New York Stock Exchange

ARB006 Affidavit in Support of Motion to Compel Arbitration and to Stay This Action

ARB007 Notice of Motion to Stay Arbitration

ARB008 Affirmation in Support of Motion to Stay Arbitration

ARB009 Disposition by Arbitrators Upon Application for Modification of Award

ARB010 Notice of Motion to Confirm Arbitration Award

ARB011 Affidavit in Support of Motion to Confirm Arbitration Award

ARB012 Notice of Motion to Dismiss or Stay the Action Pending Arbitration

Page 1 of 1

† Some of the forms contained in ARBITRATION are omitted from this table of forms because they are available from government agencies. The current versions of these forms are obtainable from the American Arbitration Association (www.adr.org).

DNLD: 2017-18 ARBITRATION

Page 3: NEW YORK PRACTICE FORMS - New York State Bar Association

BUYING AND SELLING A SMALL BUSINESSH

BUY001 Letter of Intent

BUY002 Assets Purchase Agreement

BUY003 Restrictive Agreement

BUY004 Bill of Sale and Assignment

BUY005 Employment Agreement

BUY006 Promissory Note

BUY007 Nondisclosure Agreement

BUY008 Guaranty

BUY009 Closing Memorandum

BUY010 Escrow Agreement

BUY011 Agreement of Assumption and Release

BUY012 Security, Pledge and Escrow Agreement (Stock Purchase)

BUY013 Limited Guaranty

BUY014 Closing Checklist

BUY015 Directors’ & Shareholders’ Resolutions Authorizing the Sale/Purchase ofAssets

BUY016 Plan of Liquidation & Dissolution

BUY017 Directors’ & Shareholders’ Liquidation Resolutions

Page 1 of 1H Some of the forms contained in Buying & Selling a Small Business are omitted from these downloadable forms because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: Internal Revenue Service (www.irs.gov) and the New York State Department of Taxation and Finance (www.tax.ny.gov).

DNLD: 2017-18 BUYING AND SELLING A SMALL BUSINESS

Page 4: NEW YORK PRACTICE FORMS - New York State Bar Association

DEBT COLLECTION

COL001 Written Demand to Commercial Debtor

COL002 Written Demand to Consumer Debtor

COL003 Written Demand to Corporate Debtor and Guarantor

COL004 * Postal Search

COL005 Confirming Letter

COL006-A # Stipulation of Settlement

COL006-B Stipulation of Settlement – Default Affirmation

COL007 Affirmation of Mailing of Summons (CPLR 3215(g))

COL008 Statement of Service by Mail and Acknowledgment of Receipt

COL009 Order to Sever

COL010 Affirmation in Support of Plaintiff’s Claim for Attorneys’ Fees

COL011 Order Awarding Attorneys’ Fees

COL011A Supplemental Attorney Fee Affirmation

COL012 Summons – Regular

COL013 Summons – Consumer Credit Transaction

COL014 Statement for Judgment

COL015 Complaint (Goods Sold and Delivered)

COL016 Verified Complaint (Promissory Note)

COL017 Summons and Motion for Summary Judgment in Lieu of Complaint:Judgment and Order

COL018 Affidavit of Confession of Judgment

COL019 Alternate Affidavit of Confession of Judgment

COL020 Affidavit of Mailing (Natural Person) CPLR§3215(g)3

Page 1 of 2 * This form is a PDF and requires Adobe Reader or other suitable software DNLD: 2017-18 DEBT COLLECTION # New or changed in this edition

Page 5: NEW YORK PRACTICE FORMS - New York State Bar Association

COL021 Affidavit of Mailing (Corporate) CPLR§3215(g)4

COL022 *Additional Mailing Notice (Corporate) CPLR§3215(g)4

COL023 Additional Mailing of Notice - Courts Outside NYC

COL024 Additional Mailing of Notice of Consumer Credit Action

COL025 Affidavit of Facts by Original Creditor

COL026 Affidavit of Facts and Purchase of Account by Debt Buyer Plaintiff

COL027 Affidavit of Facts and Sale of Account by Original Creditor

COL028 Affidavit of Purchase and Sale of Account by Debt Seller

COL029 Affirmation of Non-Expiration of Statute of Limitations

COL030 Affidavit of Service

COL031 # Extension of Time to Serve

Page 2 of 2 *This form is a PDF and requires Adobe Reader or other suitable software DNLD: 2017-18 DEBT COLLECTION # New or changed in this edition

Page 6: NEW YORK PRACTICE FORMS - New York State Bar Association

CORPORATE & PARTNERSHIPH

COR001 Waiver of Notice of Organization Meeting

COR002 Resolutions Adopted by Incorporator

COR003 Waiver of Notice of First Meeting of Board of Directors

COR004 Waiver of Notice of First Meeting of Shareholders

COR005 Waiver of Notice of Annual Meeting of Shareholders

COR006 Waiver of Notice of Special Meeting of the Board of Directors

COR007 Action by Unanimous Written Consent of the Shareholders

COR008 Action by Unanimous Written Consent of the Board of Directors

COR009 Minutes of First Meeting of Shareholders

COR010 Minutes of Annual Meeting of Shareholders

COR011 Minutes of First Meeting of the Board of Directors

COR012 Sample Petition for Dissolution of Corporation under BCL § 1104-a

Page 1 of 1H Some of the forms contained in Corporate & Partnership are omitted from this table of forms because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: Internal Revenue Service (1-800-829-1040; www.irs.gov), the New York State Department of Taxation and Finance (518-457-5431; www.tax.ny.gov), and the New York State Department of State (518-473-2492; www.dos.ny.gov).

DNLD: 2017-18 CORPORATE & PARTNERSHIP

Page 7: NEW YORK PRACTICE FORMS - New York State Bar Association

REAL ESTATE TRANSACTIONS—COMMERCIALH

CRE001 Bargain and Sale Deed with Covenant Against Grantor's Acts (Individual or Corporation) (Form 8007)

CRE001A Contract of Sale

CRE002 Quitclaim Deed (Individual or Corporation) (Form 8009)

CRE003 Executor’s Deed (Individual or Corporation) (Form 8010)

CRE004 Administrator’s Deed (Form 8005)

CRE005 Sample Form of Modification, Consolidation and Extension Agreement

CRE006 Sample Memorandum of Lease

CRE007 Satisfaction of Mortgage

CRE-POA Power of Attorney – New York Statutory Short Form, New York Statutory Gifts Rider and Suggested Modifications

CRE010 Affidavit of Title (Lender’s Form)

CRE011 Sample F.I.R.P.T.A. Certification

CRE012 F.I.R.P.T.A. (Foreign Investment in Real Property Tax) Affidavit ofFacts Relating to the Withholding of Tax upon the Disposition of United States Real Property Interests Pursuant to 26 U.S.C. §1445(B)(2)

CRE014 * Document Recording Checklist

CRE-255 AFF GENL Affidavit Under Section 255 Tax Law

Page 1 of 1 * This form is a PDF and requires Adobe Reader or other suitable software

H Some of the forms contained in Real Estate Transactions—Commercial Property are omitted from this table of forms because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: The Internal Revenue Service (1-800-829-1040; www.irs.gov), the New York State Department of Tax (518-485-6027; www.tax.ny.gov), and the City of New York www.nyc.gov.

DNLD: 2017-18 REAL ESTATE TRANSACTIONS—COMMERCIAL

Page 8: NEW YORK PRACTICE FORMS - New York State Bar Association

CRIMINAL LAW H

CRM001 Notice of Appearance

CRM002 Notice of Bail Motion

CRM003 Affirmation in Support of Bail

CRM004 Notice of Omnibus Motion

CRM005 Affirmation

CRM006 Request for a Bill of Particulars

CRM007 Demand for Discovery

CRM008

Mandate of Commitment for Criminal Contept Committedin the Immediate View and Presence of the Court

CRM009 Order to Show Cause (Sample)

CRM010 Arrest Warrant (Sample)

CRM011 Sample Order to Show Cause #1

CRM012 Sample Order to Show Cause #2

CRM013 Sample Order to Show Cause #3

CRM014 Sample Order to Show Cause #4

CRM015 Sample Order to Show Cause #5

CRM016 Sample Mandate of Commitment #1

CRM017 Sample Mandate of Commitment #2

Page 1 of 2 H All of the forms contained in Criminal Law and Practice are included on this table of forms. DNLD: 2017-18 CRIMINAL LAW

Page 9: NEW YORK PRACTICE FORMS - New York State Bar Association

CRM018 Sample Mandate of Commitment #3

CRM019 Sample Arrest Warrant #1

CRM020 Sample Arrest Warrant #2

CRM021 Sample Arrest Warrant #3

Page 2 of 2 H All of the forms contained in Criminal Law and Practice are included on this table of forms. DNLD: 2017-18 CRIMINAL LAW

Page 10: NEW YORK PRACTICE FORMS - New York State Bar Association

ELDER LAWH

ELDR001 Power of Attorney – New York Statutory S hort Form, New York

Statutory Gifts Rider and Suggested Modifications

ELDR002 New York Living Will

ELDR003 Sample Revocable Trust

ELDR004 Sample Pourover Will

ELDR005 Sample Irrevocable Trust

ELDR006 # Engagement Letter (Flat Fee)

ELDR007 # Engagement Letter (Hourly Fee)

Page 1 of 1 † Some of the forms contained in ELDER LAW are omitted from this table of forms because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: The New York State Department of Health (www.health.ny.gov) and the City of New York (www.nyc.gov).

# New or changed in this edition DNLD: 2017-18 ELDER LAW

Page 11: NEW YORK PRACTICE FORMS - New York State Bar Association

ENFORCEMENT OF MONEY JUDGMENTS ENF001 Notice of Motion to Set Installment Payments

ENF002 Affirmation in Support of Motion to Set Installment Payments

ENF003 Installment Payment Order

ENF004 Notice of Petition (Turnover Proceeding – CPLR 5227)

ENF005 Petition (Turnover Proceeding – CPLR 5227)

ENF006 Judgment (Turnover Proceeding – CPLR 5227)

ENF008 Information Subpoena with Restraining Notice to Financial Institution

ENF009 Questions and Answers in Connection with Information Subpoena

ENF010 Questionaire for Individual Judgment Debtor

ENF011 Questionaire for Corporate Judgment Debtor

ENF012 Questionaire for Place of Employment

ENF013 Notice to Judgment Debtor

ENF014 # Income Execution

ENF015 Property Execution

ENF016 Property Execution with Notice to Garnishee

ENF017 Exemption Claim Form

ENF018 Exemption Notice

ENF029 Affirmation & Order to Show Cause to Punish for Contempt

ENF033 Final Order of Contempt

ENF037 Warrant of Commitment & Supporting Affidavit

ENF041 Subpoena Duces Tecum with Restraining Order to Judgement Debtor

ENF044 Sample Form of Notice of Right to Garnish Federal Benefits

ENF045 Notice of Motion

Page 1 of 2 # New or changed in this edition DNLD: 2017-18 ENFORCEMENT OF MONEY JUDGMENTS

Page 12: NEW YORK PRACTICE FORMS - New York State Bar Association

ENF046 Motion & Order to Compel Compliance with Information Subpoena

ENF047 Motion For Warrant For Failure to Comply with Order to Compel

Compliance with Information Subpoena

ENF048 Information Subpoena with Restraining Notice to Judgment Debtor

Page 2 of 2 # New or changed in this edition DNLD: 2017-18 ENFORCEMENT OF MONEY JUDGMENTS

Page 13: NEW YORK PRACTICE FORMS - New York State Bar Association

GUARDIANSHIP†

GUAR001 Order to Show Cause—Application for Appointment of a Guardian of Person and Property

GUAR002 # Petition for Appointment of a Guardian of Person and Property

GUAR003 # Order to Show Cause—Application for Appointment of a Special Guardian

GUAR004 # Verified Petition for Appointment of a Special Guardian

GUAR005 # Order to Show Cause—Application for Appointment of a Guardian with Request for Temporary Restraining Order (TRO) and Injunction

GUAR006 Petition for Appointment of a Guardian with Request for Temporary Restraining Order (TRO) and Injunction

GUAR007 # Consent of Court Evaluator

GUAR008 Affidavit of Responsibility of Court Evaluator

GUAR009 Sample Report of Court Evaluator

GUAR010 Order for Independent Medical Expert

GUAR011 Affidavit of Court Evaluator to Retain Independent Medical Expert

GUAR012 Order and Judgment Appointing Guardian of the Person and Property

GUAR013 Order and Judgment Appointing Special Guardian

GUAR014 Oath and Designation of Clerk

GUAR015 Commission to Guardian

GUAR016 Statement Regarding Real Property

GUAR017 # Order to Show Cause to Authorize Sale of Real Property

GUAR018 # Verified Petition to Request Authorization to Sell Real Property

GUAR019 Order Authorizing Sale of Real Property

GUAR020 # Report of Sale of Real Property

Page 1 of 2 # New or changed with this edition DNLD: 2017-18 GUARDIANSHIP H Some of the forms contained in GUARDIANSHIP are omitted from the accompanying forms CD because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: the New York State Unified Court System (www.nycourts.gov), New York State Courts Electronic Filing (https://iapps.courts.state.ny.us/nyscef/Forms), the United States Social Security Administration (www.ssa.gov), and the Internal Revenue Service (www.irs.gov).

Page 14: NEW YORK PRACTICE FORMS - New York State Bar Association

GUAR021 Order to Show Cause to Discover Property

GUAR022 # Petition to Discover Property

GUAR023 # Initial Report of Guardian

GUAR024 # Initial Report of Guardian—Incapacitated Person in Nursing Home

GUAR025 Annual Report of Guardian for [Year]

GUAR026 # Final Report and Account of Co-guardians

GUAR027 Petition for Settlement of Final Account

GUAR028 # Order to Show Cause for Approval of Final Account

GUAR029 Order Settling and Approving Final Account

GUAR030 Affidavit (in Support of Order for Discharge)

GUAR031 Order Discharging Guardian and Surety

GUAR032 # Notice of Proceeding

GUAR033 Statement of Death per M.H.L. § 81.44

GUAR034 Order to Show Cause to Transfer Guardianship Pursuant to M.H.L. § 83.31

GUAR035 Petition to Transfer Guardianship Pursuant to M.H.L. § 83.31

GUAR036 Provisional Order Transferring Guardianship Pursuant to M.H.L. § 83.31

Page 2 of 2 # New or changed with this edition DNLD: 2017-18 GUARDIANSHIP H Some of the forms contained in GUARDIANSHIP are omitted from the accompanying forms CD because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: the New York State Unified Court System (www.nycourts.gov), New York State Courts Electronic Filing (https://iapps.courts.state.ny.us/nyscef/Forms), the United States Social Security Administration (www.ssa.gov), and the Internal Revenue Service (www.irs.gov).

Page 15: NEW YORK PRACTICE FORMS - New York State Bar Association

LIMITED LIABILITY COMPANIESH

LLC003 Sample Retainer Agreement in Connection with Formation of LLC

LLC004 Simple Operating Agreement—Delaware LLC with One Member

LLC005 Operating Agreement—New York LLC with Professional Manager

LLC006 Complex Operating Agreement—New York LLC, with Options forVarious Situations

LLC007 Operating Agreement of [Delaware] LLC (Manager Managed/SPELimitations)

LLC008 Operating Agreement of [Delaware] LLC (Member Managed/SPELimitations)

LLC009 Operating Agreement of ________________, LLC

LLC010 Sample Operating Agreement for PLLC

Page 1 of 1 DNLD: 2017-18 LIMITED LIABILITY COMPANIES H Some of the forms contained in Limited Liability Companies are omitted from this table of forms because they are available from government agencies. The current versions of these forms are obtainable from the following government agency: the New York State Department of State (www.dos.ny.gov).

Page 16: NEW YORK PRACTICE FORMS - New York State Bar Association

† Some of the forms contained in Matrimonial Law are omitted from this table of forms because they are obtainable from other agencies. The current versions of these forms are obtainable from the following agencies: the New York State Unified Court system (www.nycourts.gov) and the Internal Revenue Service (www.irs.gov).

DNLD: 2017-18 MATRIMONIAL LAW

MAT001 Statement of Client’s Rights and Responsibilities

MAT002 Retainer Letter

MAT002A Demand for Statement of Net Worth (Demand Only)

MAT003 Demand for Statement and Statement of Net Worth

MAT004 Client/Attorney Certification

MAT005 Letter to Spouse

MAT006 Letter to Client re: Proposed Property Settlement Agreement(Confidential)

MAT006A Letter to Client re: Proposed Property Settlement Agreement

MAT007 Letter to Attorney re: Proposed Settlement Agreement (Open)

MAT008 Letter to the Other Party’s Attorney re:Execution of Agreement

MAT009 Sample Settlement Agreement, Divorce Agreement, or Separation Agreement

MAT010 Letter to Client re: Tax Consequences

MAT011 Answer (Uncontested Action)

MAT012 Plaintiff’s Statement of Barriers to Remarriage

MAT013 Defendant’s Statement of Barriers to Remarriage

MAT014 Summons with Notice

MAT015 Notice to Take Deposition

MAT015A Notice of Motion to Preclude

MAT015B Affidavit in Support of Motion to Preclude

MAT016 Request for Preliminary Conference

MAT017 Statement of Proposed Disposition

MATRIMONIAL LAW†

Page 1 of 3

Page 17: NEW YORK PRACTICE FORMS - New York State Bar Association

MAT018 Attorney’s Affidavit of Regularity (Uncontested Action)

MAT019 Judgment (Uncontested Action)

MAT020 Notice of Entry

MAT021 Plaintiff’s First Demand for Discovery and Inspection

MAT022 Witness Subpoena

MAT023 Combined Subpoena Duces Tecum and Witness Trial Subpoena

MAT024 Qualified Medical Child Support Order

MAT025 Notice of Appeal

MAT026 Notice of Settlement

MAT027 Plaintiff’s Affidavit in Support of Judgment of Divorce

MAT028 Support Collection Unit Information Sheet

MAT029 Uncontested Divorce Check List for Court Submission

MAT030 Notice to Provide Expert’s Information

MAT031 Corrections to Depositions

MAT032 Notice to Admit Truth of Facts

MAT034 Verified Reply

MAT035 Living Expense (Enter all, no automatic calculations)

MAT036 Prospective Budget (Enter all, no automatic calculations)

MAT038 Complaint – Constructive Abandonment

MAT039 Notice for Preservation of Electronic Evidence

MAT040 Consent to Change Attorney

MAT041 Answer with Alternate right of Defendant to Obtain Divorce

MAT042 Notice of Appearance with Demand for Relief

Page 2 of 3 DNLD: 2017-18 MATRIMONIAL LAW † Some of the forms contained in Matrimonial Law are omitted from this table of forms because they are obtainable from other agencies. The current versions of these forms are obtainable from the following agencies: the New York State Unified Court system (www.nycourts.gov) and the Internal Revenue Service (www.irs.gov).

Page 18: NEW YORK PRACTICE FORMS - New York State Bar Association

MAT043 Memorandum of Separation Agreement

MAT044 Custody and Visitation Legislation Database Review Information Sheet

MAT045 Verified Complaint

MAT046 Verified Complaint – No Fault with Children

MAT048 Non-Engagement Letter

MAT049 Typical Preliminary Conference/Stipulation Letter

MAT050 Affidavit of Service by Mail of Judgment of Divorce with Notice of Entry

Page 3 of 3 DNLD: 2017-18 MATRIMONIAL LAW † Some of the forms contained in Matrimonial Law are omitted from this table of forms because they are obtainable from other agencies. The current versions of these forms are obtainable from the following agencies: the New York State Unified Court system (www.nycourts.gov) and the Internal Revenue Service (www.irs.gov).

Page 19: NEW YORK PRACTICE FORMS - New York State Bar Association

MECHANIC’S LIENSH

MEC001 Affirmation in Support of Application to Continue Private Lien

MEC002 Extension of Lien on Private Property

MEC003 Notice of Application to Continue Lien

MEC004 Order Continuing Private Lien

MEC005 Satisfaction (or Release) of Mechanic’s Lien on a Private Improvement

MEC006 Notice to County Clerk as to Mechanic’s Lien Bond Pursuant to Lien Law§ 19(4)(a) to Discharge Lien

MEC007 Sample Bond

MEC008 Acknowledgment by Surety and Principal

MEC009 Certificate of Solvency § 1111 Insurance Law

MEC010 Power of Attorney Resolution

MEC011 Nonrevocation Certificate

MEC012 Affidavit of Personal Service of Bond/Undertaking upon Corporation

MEC013 Demand Pursuant to § 38 of the Lien Law

MEC014 Demand for Verified Statement from Trustee under Lien Law § 76

MEC015 Notice of Petition to Require Lien Law § 76 Statement

MEC016 Petition to Require Trustee to Provide Lien Law § 76 Statement

MEC017 Extension of Lien under a Public Improvement

MEC018 Notice of Application to Continue Lien on Public Improvement

MEC019 Attorney’s Affirmation to Continue or Extend Public Lien Subsequent toExtension Procedure

MEC020 Order Continuing Public Improvement Lien

MEC021 Satisfaction or Release or Discharge of Lien on Public Improvement

Page 1 of 2 DNLD: 2017–18 MECHANIC’S LIENS

H All of the forms contained in Mechanic’s Liens are included on this table of forms except for the two (2) commercial forms.

Page 20: NEW YORK PRACTICE FORMS - New York State Bar Association

MEC022 Satisfaction of Lien—Public Improvement

MEC023 Notice to Government Agency as to Public Improvement Lien Bond Pursuant to Lien Law § 21(5)

MEC024 Bond Discharging Mechanic’s Lien—Public Improvement

MEC029 Verified Complaint to Foreclose a Mechanic’s Lien Filed Against PrivateOwner

MEC030 Verified Complaint to Foreclose a Public Improvement Lien

MEC031 Notice of Application for Ex Parte Order Discharging by Retention a Lienfor a Public Improvement Pursuant to Lien Law § 21(6)

MEC032 Affidavit in Support of Application for Ex Parte Order Discharging Lienfor Public Improvement Pursuant to Lien Law § 21(6)

MEC033 Order Discharging by Retention a Lien for Public Improvement Pursuantto Lien Law § 21(6)

MEC034 Notice of Application for Order Requiring Itemized Statement Pursuant toLien Law § 38 or Cancellation of Lien

MEC035 Verified Petition for Order Requiring Lien Law § 38 Itemized Statement

MEC036 Notice to Commence Action or Show Cause Pursuant to Lien Law § 59

MEC037 Affidavit in Support of Application to Cancel Notice of Lien

MEC038 Order Canceling Notice of Lien

MEC039 Affirmation to Discharge Lien by Deposit

MEC040 Verified Complaint Trust Fund Diversion

Page 2 of 2 DNLD: 2017–18 MECHANIC’S LIENS

H All of the forms contained in Mechanic’s Liens are included on this table of forms except for the two (2) commercial forms.

Page 21: NEW YORK PRACTICE FORMS - New York State Bar Association

MORTGAGE FORECLOSURES✝

MF001

MF002

MF002-1

MF003

MF003-1

MF004

MF005

MF006

MF007

MF008

MF009

MF011

MF012

MF013

MF014

MF015

MF015-1

MF016

MF017

MF018

MF019

MF020

MF021

MF023

Notice of Pendency of Action

Summons (General)

Summons (Residential Property of not more than three units)

* Complaint

Certificate of Merit

Order of Reference in Mortgage Foreclosure

* Affirmation of Regularity

Referee’s Oath

Report of Amount Due

Schedule A—Abstract of Documentary Evidence

* Costs of Plaintiff with Attorney’s Affirmation

Judgment of Foreclosure and Sale

Affirmation of Service by Mail

Notice of Foreclosure and Sale

Terms of Sale

Upset Calculation

* Surplus Monies

Referee’s Deed

Referee’s Report of Sale

Statement of Sale

Order Confirming Referee’s Report of Sale

* Help for Homeowners in Foreclosure Notice

Notice to Tenants of Buildings in Foreclosure

Notice to Tenants by Successor in Interest

Page 1 of 1 DNLD: 2017-18 MORTGAGE FORECLOSURES † All of the forms contained in Mortgage Foreclosures are included in this table of forms

Page 22: NEW YORK PRACTICE FORMS - New York State Bar Association

DNLD: 2017-18 MORTGAGES H Some of the forms contained in Mortgages are omitted from this table of forms because they are obtainable from other agencies. The current versions of these forms are obtainable from the following providers: Freddie Mac (www.freddiemac.com) and Fannie Mae (www.fanniemae.com).

MORTGAGESH

Standard Mortgage Documents

MORT001 Form of Assignment

Commercial Construction Mortgage Documents

MORT002 Completion Guaranty

MORT003 Building Loan Note

MORT004 Building Loan Agreement

MORT005 Building Loan Mortgage

MORT006 Guaranty of all Liabilities and Security Agreement

MORT007 Environmental Certificate and Indemnity Agreement

Non-Recourse Mortgages

MORT008 Sample “Exculpatory” Provision

MORT009 Limited Guaranty of Payment of “Non-Recourse Mortgage”

Participators

MORT010 Participation Agreement

Page 1 of 1

Page 23: NEW YORK PRACTICE FORMS - New York State Bar Association

REPRESENTING THE PERSONAL INJURY PLAINTIFF IN NEW YORKH

PI001 Sample Client Intake Form

PI002 * Statement of Client’s Rights

PI003 * Statement of Client’s Responsibilities

PI004 Judicial Conference Retainer Statement

PI039 Sample Language for Personal Injury Retainer Agreements

B. Investigation and Securing of Medical and Other Records

PI005 HIPAA Compliant Unlimited Authorization for Plaintiff’s Counsel toSecure Client’s Records

PI007 Letter from Plaintiff’s Counsel to Doctor’s Office Explaining HIPAA, Enclosing HIPAA Compliant Authorization, and Detailing What Is Being Requested

PI007A Plaintiff’s Arons/Porcelli Speaking Authorization for Defendants

C. Automobile Negligence and Insurance Related Forms

PI008 Underinsured/Uninsured Notification Letter

PI009 Sample New York No-Fault Computation Sheet

PI010 Request for Driving Abstract

PI011 Letter of Representation to Defendant Owner and Driver

PI012 Pre-Suit Demand Letter for Insurance Information Under Insurance Law§ 3420(f)(2)(A)

Page 1 of 3

* This form is in PDF format and requires Adobe Reader or other suitable software DNLD: 2017-18 PERSONAL INJURY H Some of the forms contained in Representing the Personal Injury Plaintiff in New York are omitted from this table of forms because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: the Official New York City Website (www.nyc.gov), the New York State Unified Court System (www.nycourts.gov), the New York State Department of Motor Vehicles (www.dmv.ny.gov/forms), and the New York State Department of Financial Services (www.dfs.ny.gov).

A. Intake and Client Retention

Page 24: NEW YORK PRACTICE FORMS - New York State Bar Association

D. Commencing the Litigation

PI035 * Court Summons

PI013 Certificate of Merit (No Issue with Statute of Limitations) for MedicalMalpractice Action

PI014 Verified Summons and Complaint in a Medical Malpractice ActionInvolving Wrongful Death of an Infant with Attorney Verification

PI015 Notice of Commencement of Medical Malpractice Action

PI016 Verified Summons and Complaint in an Automobile Negligence Case forIndividual Plaintiff and Attorney Verification

PI040 Statement of Service by Mail and Acknowledgment of Receipt by Mail of Summons and Complaint

E. Discovery and Amplification of Pleadings

PI017 Plaintiff’s Verified Bill of Particulars in a Medical Malpractice ActionInvolving Wrongful Death of an Infant

PI018 Plaintiff’s Notice of Availability for Physical Examination

PI019 Plaintiff’s Notice to Admit

PI020 Plaintiff’s General Combined Demands with a Demand for a VerifiedBill of Particulars on Defendant’s Affirmative Defenses

PI021 Plaintiff’s Notice to Produce Documents in a Product Defect Case withJurisdictional and Successor Liability Issues as to Certain Defendants

PI021A Plaintiff’s Combined Discovery Demands and Notice for Discovery andInspection in Medical Malpractice Case

PI038 Deposition Exhibit Log

F. Trial and Verdict

PI036 Note of Issue, Certificate of Readinesss and Verification

PI037 Certificate of Readiness and Verification

Page 2 of 3

* This form is in PDF format and requires Adobe Reader or other suitable software DNLD: 2017-18 PERSONAL INJURY

H Some of the forms contained in Representing the Personal Injury Plaintiff in New York are omitted from this table of forms because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: the Official New York City Website (www.nyc.gov), the New York State Unified Court System (www.nycourts.gov), the New York State Department of Motor Vehicles (www.dmv.ny.gov/forms), and the New York State Department of Financial Services (www.dfs.ny.gov).

Page 25: NEW YORK PRACTICE FORMS - New York State Bar Association

PI022 Trial Exhibit List (Internal Use Only)

PI023 Trial Notebook Index (Internal Use Only)

PI024 Jury Selection Record (Internal Use Only)

PI025 Trial Schedule

PI026 Plaintiff’s Request to Charge in a Medical Malpractice Case

PI027 Plaintiff’s Request to Charge in a Motor Vehicle Negligence Case

PI028 Plaintiff’s Proposed Verdict Sheet in a Medical Malpractice Case

G. Settlement and Closing of Case

PI029 General Release

PI030 Standard Stipulation of Discontinuance

PI031 CPLR 5003-a Letter to Defendant Transmitting Settlement Documents

PI032 Judicial Conference Closing Statement

PI033 Client Disbursement Accounting

PI034 Trial Preparation Checklist

Page 3 of 3

* This form is in PDF format and requires Adobe Reader or other suitable software DNLD: 2017-18 PERSONAL INJURY

H Some of the forms contained in Representing the Personal Injury Plaintiff in New York are omitted from this table of forms because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: the Official New York City Website (www.nyc.gov), the New York State Unified Court System (www.nycourts.gov), the New York State Department of Motor Vehicles (www.dmv.ny.gov/forms), and the New York State Department of Financial Services (www.dfs.ny.gov).

Page 26: NEW YORK PRACTICE FORMS - New York State Bar Association

PROBATE AND ADMINISTRATION OF DECEDENTS' ESTATES†

PRB-A-1 * Petition for Letters of Administration (Form A-1)

PRB-A-1-Optional Petition For Letters of Administration (Form A-1) (with optional

acknowledgment language)

PRB-A-2 * Administration Citation (Form A-2)

PRB-A-3 * Notice of Application for Letters of Administration (Form A-3)

PRB-A-4 *Affidavit of Mailing Notice of Application for Letters of Administration

(Form A-4)

PRB-A-5 * Notice to Consul General (Form A-5)

PRB-A-6 * Decree Appointing Administrator (Form A-6)

PRB-A-7 * Affidavit of Regularity (Form A-7)

PRB-A-8 * Waiver of Citation, Renunciation and Consent to Appointment of

Administrator (Individual) (Form A-8)

PRB-A-8-Optional * Waiver of Citation, Renunciation and Consent to Appointment of

Administrator (Individual) (Form A-8) (with optional acknowledgment language)

* Waiver of Citation and Consent to Appointment of Administrator

(Corporation) (Form A-9)

PRB-A-10 * Affidavit of Service of Citation (Adult) (Form A-10)

PRB-P-1 * Petition for Probate (Form P-1) (PDF Version)

PRB-P-1 Petition for Probate (Form P-1) (Microsoft Word Version)

PRB-P-2 * Application for Preliminary Letters Testamentary (Form P-2)

PRB-P-2-Consent * Consent and Designation of Corporate Preliminary Executor (Inside New

York State)

PRB-P-3 * Affidavit of Attesting Witness (Form P-3)

PRB-A-9

* This form is a PDF and requires Adobe Reader or other suitable software DNLD: 2017-18 PROBATE & ADMINISTRATION

H Some of the forms contained in Probate and Administration of Decedents' Estates are omitted from the accompanying forms CD because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: The Internal Revenue Service (www.irs.gov) and the New York State Department of Taxation and Finance (www.tax.ny.gov).

# New or changed with this version Page 1 of 2

Page 27: NEW YORK PRACTICE FORMS - New York State Bar Association

PRB-P-4 * Waiver of Process; Consent to Probate (Form P-4)

PRB-P-4-Optional * Waiver of Process; Consent to Probate (Form P-4) (with optional acknowledgment language)

PRB-P-5 * Probate Citation (Form P-5)

PRB-P-6 * Notice of Probate (Form P-6)

PRB-P-7 * Affidavit of Service of Citation (Form P-7)

PRB-P-8 * Application to Dispense with Testimony of Attesting Witness (Form P-8)

PRB-P-9 * Affidavit Proving Handwriting (Form P-9)

PRB-P-10 * Renunciation of Nominated Executor and/or Trustee (Form P-10)

PRB-P-10-Optional * Renunciation of Nominated Executor and/or Trustee (Form P-10) (with

optional acknowledgment language)

PRB-P-11 * Renunciation of Letters of Administration c.t.a. and Waiver of Process

(Form P-11)

PRB-P-11-Optional * Renunciation of Letters of Administration c.t.a. and Waiver of Process

(Form P-11) (with optional acknowledgment language)

PRB-P-12 * Affidavit of No Debt (Form P-12)

PRB-P-13 * Affidavit of Comparison (Form P-13)

PRB-AttCert * Attorney’s Certification in Probate Proceeding

PRB-Decree Decree Granting Probate

PRB-207-20 * Inventory of Assets (Rule 207.20)

* This form is a PDF and requires Adobe Reader or other suitable software DNLD: 2017-18 PROBATE & ADMINISTRATION # New or changed with this version

H Some of the forms contained in Probate and Administration of Decedents' Estates are omitted from the accompanying forms CD because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: The Internal Revenue Service (www.irs.gov) and the New York State Department of Taxation and Finance (www.tax.ny.gov).

Page 2 of 2

Page 28: NEW YORK PRACTICE FORMS - New York State Bar Association

RE001 Blank Worksheet for Estimating Closing Costs

RE002 Attorney’s Checklist— Action Prior to, at Time of, and Subsequent to Closing

RE002A Residential Contract of Sale (Microsoft Word Format) (NYSBA/NYSLTA/ABCNY/NYCLA)

RE002A * Residential Contract of Sale (PDF Format)(NYSBA/NYSLTA/ABCNY/NYCLA)

RE003 Contract of Sale (NYBTU Form 8041)

RE003A Property Condition Disclosure Statement

RE004 Lead Paint Disclosure Form for Housing Sales

RE005 Lead Paint Disclosure Form for Housing Rentals and Leases

RE006 Rider Clauses to Contract of Sale—Purchaser

RE007 Holdover Agreement (Short Form)

RE008 Holdover Agreement (Long Form)

RE009 Occupancy Agreement

RE010 Acceleration Affidavit—To Postpone Condition Requiring Borrower to Sell Current Residence

RE011 Attorney’s Affidavit of Compliance

RE012 Warranty Deed with Full Covenants

RE013 Bargain and Sale Deed, with Covenant Against Grantor’s Acts (Individual or Corporation)

* This form is a PDF and requires Adobe Reader or other suitable software DNLD: 2017–18 REAL ESTATE TRANSACTIONS— RESIDENTIAL

Page 1 of 6

REAL ESTATE TRANSACTIONS—

RESIDENTIAL

Some of the forms contained in Real Estate Transactions – Residential Property are omitted from this table of forms because they are obtainable from other agencies. The current versions of these forms are obtainable from the following agencies: the New York State Department of Taxation and Finance (www.tax.ny.gov), the Official New York City Website (www.nyc.gov), the Internal Revenue Service (www.irs.gov), the United States Department of Housing and Urban Development (www.hud.gov), Financial CrimesEnforcement Network (www.fincen.gov), CLE Abstract (www.cleabstract.com), Securetitle Agency (www.securetitle.com), Advantage Title Company (www.advantagetitle.com), and Judicial Title Insurance Agency (www.judicialtitle.com); See website for telephone numbers for different locations).

Page 29: NEW YORK PRACTICE FORMS - New York State Bar Association

RE014 Bargain and Sale Deed, Without Covenant Against Grantor’s Acts

RE015 Quitclaim Deed (IRS-8009)

RE016 Executor’s Deed (NYBTU-8010)

RE016A Administrator’s Deed

RE017 Referee’s Deed in Foreclosure

RE018 F.I.R.P.T.A. Non-Foreign Certification by Individual Transferor

RE019 F.I.R.P.T.A. Affidavit of Facts Relating to the Withholding of Tax upon the Disposition of United States Real Property Interests Pursuant to 26 U.S.C. 1445(B)(2)

RE020 Undertaking/Indemnity for Transfer Tax by Transferee and Its Designated Title Agency

RE021 Rider Clauses to Contract of Sale—New Construction

RE022 Rider Clauses to Contract of Sale—Condominium Unit

RE022A * Contract of Sale—Cooperative Apartment

RE022B Contract of Sale – Condominium Unit (Microsoft Word Format)

RE022C

RE023

RE025

RE026 Rider Clauses to Contract of Sale—Seller

* This form is a PDF and requires Adobe Reader or other suitable software

Page 2 of 6

RE027 Seller’s Attorney’s Transmittal Letter

RE028 Phraseology of Typical Title Report Exceptions

RE029 Certification for No Information Reporting on the Sale or Exchange of a Principal Residence

RE024

Explanatory Notes—Condominium Contract of Sale Rider

Clauses to Contract of Sale—Cooperative Apartment

Brokerage Agreement—Seller

Blank Worksheet Form for Calculating Seller’s Closing Costs

DNLD: 2017–18 REAL ESTATE TRANSACTIONS—RESIDENTIAL

Some of the forms contained in Real Estate Transactions – Residential Property are omitted from this table of forms because they are obtainable from other agencies. The current versions of these forms are obtainable from the following agencies: the New York State Department of Taxation and Finance (www.tax.ny.gov), the Official New York City Website (www.nyc.gov), the Internal Revenue Service (www.irs.gov), the United States Department of Housing and Urban Development (www.hud.gov), Financial Crimes Enforcement Network (www.fincen.gov), CLE Abstract (www.cleabstract.com), Securetitle Agency (www.securetitle.com), Advantage Title Company (www.advantagetitle.com), and Judicial Title Insurance Agency (www.judicialtitle.com); See website for telephone numbers for different locations).

Page 30: NEW YORK PRACTICE FORMS - New York State Bar Association

RE030 Sample of “No Other Name” and “No Judgments” Affidavit Submitted for Clearance of Title—Exceptions Raised

RE031 Natural Person Mortgagee—Affidavit of Exemption § 253(1-a)

RE032 Power of Attorney – New York Statutory Short Form, New York Statutory Gifts Rider and Suggested Modifications

RE035A New York State Disclosure Form—Buyer and Seller

RE035B New York State Disclosure Form—Landlord and Tenant

RE036 Addendum to Contract for Purchase and Sale

RE037 Help for Homeowners in Foreclosure

RE038 Buyer Retainer Letter

RE039 Seller Retainer Letter

RE040 Disclosure Statement

RE041 Privacy Policy Notice

RE043 Authorization to Release Information

RE044 Title Insurance and You

* This form is a PDF and requires Adobe Reader or other suitable software Page 3 of 6

RE045 Is Title Insurance Worth the Extra Cost?

RE046 What Does a Survey Do For Me?

RE048 Investor Addendum

RE049 Uniform Acknowledgement In State

RE050 Uniform Acknowledgement Out of State

RE051 Subscribing Witness Acknowledgement In State

RE052 Subscribing Witness Acknowledgement Out of State

DNLD: 2017–18 REAL ESTATE TRANSACTIONS—RESIDENTIAL

Some of the forms contained in Real Estate Transactions – Residential Property are omitted from this table of forms because they are obtainable from other agencies. The current versions of these forms are obtainable from the following agencies: the New York State Department of Taxation and Finance (www.tax.ny.gov), the Official New York City Website (www.nyc.gov), the Internal Revenue Service (www.irs.gov), the United States Department of Housing and Urban Development (www.hud.gov), Financial Crimes Enforcement Network (www.fincen.gov), CLE Abstract (www.cleabstract.com), Securetitle Agency (www.securetitle.com), Advantage Title Company (www.advantagetitle.com), and Judicial Title Insurance Agency (www.judicialtitle.com); See website for telephone numbers for different locations).

Page 31: NEW YORK PRACTICE FORMS - New York State Bar Association

RE053 * Columbia County Supplemental Real Estate Transfer Tax Return

RE054 * Peconic Bay Region Community Preservation Fund

RE055 * Town of Warwick Community Preservation Fund (CPF) TransferTax

RE056 * Town of Red Hook Transfer Tax - Community Preservation Fund

RE057 Affidavit of Title

RE058 Judgment Affidavit

RE059 Fence and Boundary Affidavit

RE060 Survey Affidavit

RE061 Affidavit as to Power of Attorney Being in Full Force

* This form is a PDF and requires Adobe Reader or other suitable softwarePage 4 of 6

RE062 Occupancy Agreement for Seller in Possession After Closing

RE063 Mortgage Note (Fixed Rate)

RE064 Mortgage Note (NYBTU Form 8011)

RE065 Mortgage

RE066 Mortgage (Statutory Short Form M)

RE067 Combined Note and Mortgage

RE068 Affidavit of Exemption (Tax Law §253(1-A))

RE069 * Cayuga County Clerk’s Recording Page

RE070 * Fulton County Recording Page

DNLD: 2017–18 REAL ESTATE TRANSACTIONS—RESIDENTIAL

Some of the forms contained in Real Estate Transactions – Residential Property are omitted from this table of forms because they are obtainable from other agencies. The current versions of these forms are obtainable from the following agencies: the New York State Department of Taxation and Finance (www.tax.ny.gov), the Official New York City Website (www.nyc.gov), the Internal Revenue Service (www.irs.gov), the United States Department of Housing and Urban Development (www.hud.gov), Financial CrimesEnforcement Network (www.fincen.gov), CLE Abstract (www.cleabstract.com), Securetitle Agency (www.securetitle.com), AdvantageTitle Company (www.advantagetitle.com), and Judicial Title Insurance Agency (www.judicialtitle.com); See website for telephone numbers for different locations).

Page 32: NEW YORK PRACTICE FORMS - New York State Bar Association

RE071 * Hamilton County Recording Page

RE072 * Orange County Clerk’s Office Recording Page

RE073 * Oswego County Recording Page

RE074 * Otsego County Recording Page

RE075 * Putnam County Recording Page

RE076 * Schenectady County Recording Page

RE077 * Suffolk County Recording Page

* This form is a PDF and requires Adobe Reader or other suitable softwarePage 5 of 6

RE078 * Tioga County Recording Page

RE079 * Westchester County Clerk Recording Sheet

RE080 * Sample Closing Statement

RE081 Recording Fees, Mortgage Tax Rate and County Cover Sheet

RE082 * City of Yonkers Transfer Tax Form

RE083 * City of Mount Vernon Transfer Tax Form and Instructions

RE084 * City of Peekskill Real Property Transfer Tax and Instructions

RE085 * General Offices, Addresses and Telephone N umbers for AssistanceDisposing of Matters Raised in the Title Report

RE086 * Statutes of Limitations Chart

RE413 Broker’s Offer Memorandum — Fact Sheet

RE415 Estimate for Closing Costs — Purchaser

DNLD: 2017–18 REAL ESTATE TRANSACTIONS—RESIDENTIAL

Some of the forms contained in Real Estate Transactions – Residential Property are omitted from this table of forms because they are obtainable from other agencies. The current versions of these forms are obtainable from the following agencies: the New York State Department of Taxation and Finance (www.tax.ny.gov), the Official New York City Website (www.nyc.gov), the Internal Revenue Service (www.irs.gov), the United States Department of Housing and Urban Development (www.hud.gov), Financial CrimesEnforcement Network (www.fincen.gov), CLE Abstract (www.cleabstract.com), Securetitle Agency (www.securetitle.com), Advantage Title Company (www.advantagetitle.com), and Judicial Title Insurance Agency (www.judicialtitle.com); See website for telephone numbers for different locations).

Page 33: NEW YORK PRACTICE FORMS - New York State Bar Association

RE417 Resource Guide to Addresses and Numbers for Credit Report Information

RE418 Resource Guide to Agencies and Numbers for Home Environmental Health and Safety Information

RE421 Estimate of Closing Costs — Seller

RE423 Contents of Affidavit Seeking to Discharge Mortgage Where Lender Failed to Provide Satisfaction

RE425 Transitional Rules and Procedures Until Torrens System Abolished

* This form is a PDF and requires Adobe Reader or other suitable softwarePage 6 of 6

RE427 Resources for Senior Citizen Homeowners

RE429 Sample Schedule A — Condominium Unit Description

RE433 Acceptance of Statutory Short-Form Power of Attorney – Sample Letter

RE435-A Uniform Form Certificate of Acknowledgement (within New York State)

RE435-B Uniform Form Certificate of Proof of Execution by Subscribing Witness(es) for Instruments Relating to Property in New York

RE437 Sample Retainer Letters

RE461 Privacy Policy Notice

RE-fact sheet

* EPA/HUD Lead Paint Fact Sheet

RE-lead brochure

* Protect Your Family from Lead in Your Home pamphlet RE-SMOKEALARM Smoke Alarm and Carbon Monoxide Detector Affidavit

RE-TAX- Dates

* Westchester County Property Tax Payment Dates

DNLD: 2017–18 REAL ESTATE TRANSACTIONS—RESIDENTIAL

Some of the forms contained in Real Estate Transactions – Residential Property are omitted from this table of forms because they are obtainable from other agencies. The current versions of these forms are obtainable from the following agencies: the New York State Department of Taxation and Finance (www.tax.ny.gov), the Official New York City Website (www.nyc.gov), the Internal Revenue Service (www.irs.gov), the United States Department of Housing and Urban Development (www.hud.gov), Financial CrimesEnforcement Network (www.fincen.gov), CLE Abstract (www.cleabstract.com), Securetitle Agency (www.securetitle.com), Advantage Title Company (www.advantagetitle.com), and Judicial Title Insurance Agency (www.judicialtitle.com); See website for telephone numbers for different locations).

Page 34: NEW YORK PRACTICE FORMS - New York State Bar Association

WILL DRAFTINGH

WIL002 Dual Representation Letter

WIL003 Separate Representation Letter

WIL004 Sample Last Will and Testament with Affidavit for Attesting Witnesses

WIL005 Will Execution Checklist

WIL006 Health Care Proxy and Living Will

WIL007 Fact Gathering Checklist

Page 1 of 1

† Some of the forms contained in WILL DRAFTING are omitted from this table of forms because they are available from government agencies. The current versions of these forms are obtainable from the following government agencies: The New York State Department of Health (www.health.ny.gov) and the City of New York (www.nyc.gov).

DNLD: 2017-18 WILL DRAFTING

Page 35: NEW YORK PRACTICE FORMS - New York State Bar Association

ZONING AND LAND USE

Page 1 of 4 DNLD: 2017-18 ZONING, LAND USE & ENVIRONMENTAL LAW * This form is a PDF and requires Adobe Reader or other suitable software

H Some of the forms contained in Zoning, Land Use and Environmental Law are omitted from this table of forms because they are available from other agencies. The current versions of these forms are obtainable from the following government agencies: the New York State Department of Environmental Conservation (www.dec.ny.gov) and the United States Environmental Protection Bureau (www.epa.gov).

FREEDOM OF INFORMATION

ZON009

ZON010

ZON011

ZON012

ZON013

Application for Public Access to Records and Response

Application for Public Access to Records and Response (Alternate Form)

Application Letter (Alternate Form 2)

Preliminary Response to FOI Request

Response to FOI Request

MISCELLANEOUS

ZON014

ZON015

ZON016

ZON017

ZON018

ZON019

ZON020

ZON021

Adoption of Local Law Resolution

Consulting Agreement—Intermunicipal

General Release and Indemnification

Mobile Homes and Travel Trailers, Town of Corinth

Natural Gas Vehicle Permits Local Law

Resolution of Support Regarding Bluestone Gas Corporation

Noise Control

Noise Control (Alternative Form)

ENFORCEMENT

ZON001

ZON002

ZON003

ZON004

ZON005

ZON006

ZON007

ZON008

Code Violation Letter From Attorney to Violator

Code Enforcement Officer Letter to Violator

Code Compliance Letter From Code Enforcement Officer to Violator (Alternate) Complain, Violation of Zoning Ordinance

Information Regarding Zoning Ordinance Violation

Order to Remedy Violation of Zoning Local Law

Order to Remedy Violation (Alternate Form)

Summons and Complaint—Failure to Maintain Property

Page 36: NEW YORK PRACTICE FORMS - New York State Bar Association

Page 2 of 4 DNLD: 2017-18 ZONING, LAND USE & ENVIRONMENTAL LAW * This form is a PDF and requires Adobe Reader or other suitable software

ZON022

ZON023

ZON024

ZON025

ZON026

ZON027

ZON028

ZON029

ZON030

Oil and Gas lease (DEC)

Open Burning, Outdoor Furnaces and Bonfires

Proposal for Engineering Services, Compressed Natural Gas Fuel Filling

Station Projects

Rental Registration Application, City of Binghamton

Resolution That Zoning Determinations Be Filed With Municipal Clerk

Seismic Permit, Town of Preston

Settlement and Release Agreement

Driveway Design Standards

Driveway Building Permit Application

PLANNING BOARD

ZON031

ZON032

ZON033

ZON034

ZON035

ZON036

ZON037

ZON038

ZON039

ZON040

ZON041

Appointment of Ad Hoc Temporary Members to Planning Board Zoning

Board of Appeals

Procedure for Assignment of Alternate Members

Planning Board, Resolution Appointing

Approved Training Courses, Resolution Designating

Training Requirements for Planning Board and ZBA, Local Law

Establishing

Training Requirements for Planning Board and ZBA, Resolution Waiving

Section 239 Review Submission Form

* Sections 239-l, 239-m and 239-n Application

Site Plan Review (Model), Notice of Public Hearing

Site Plan Denial

Subdivision Regulations—Map Endorsement

ROAD USE AGREEMENTS, LOCAL LAWS AND PERMITS

ZON042 Road Use Agreement (Broome County)

ZON043 Road Use Agreement (Town of Owego)

ZON044

ZON045

Road Use and Crossing Agreement (With Exhibits) Amended and

Restated

Road Preservation Local Law

ZON046 Road Preservation Law: Town of Sanford

H Some of the forms contained in Zoning, Land Use and Environmental Law are omitted from this table of forms because they are available from other agencies. The current versions of these forms are obtainable from the following government agencies: the New York State Department of Environmental Conservation (www.dec.ny.gov) and the United States Environmental Protection Bureau (www.epa.gov).

Page 37: NEW YORK PRACTICE FORMS - New York State Bar Association

Page 3 of 4 DNLD: 2017-18 ZONING, LAND USE & ENVIRONMENTAL LAW * This form is a PDF and requires Adobe Reader or other suitable software

ZON047

ZON048

ZON049

ZON050

Road Use and Preservation Policy, Resolution Adopting

Road Use Permits for Vehicles in Excess of Weight Limitations

Special Hauling Permit Motor Vehicles (Broome County)

Special Hauling Permit Agreement (Intermunicipal)

SEQR

ZON051 Conditioned Negative Declaration of Significance

ZON052 Determination of Type II Action

ZON053

ZON054

Determination That Proposed Activity Does Not Require Environmental

Review

Environmental Notice Bulletin Form

ZON055 Lead Agency Notice to Other Interested Agency

ZONING

ZON056

ZON057

ZON058

ZON059

Adoption of Zoning Local Law (Village), Notice of

Resolution Adopting Zoning Local Law (Village)

Amendment to Zoning Local Law

Zoning Amendment (With Determinations)

ZON060

ZON061

Resolution Recommending Proposed Amendments to the Town Zoning

Code

Application for Change in Zoning

ZON062 Comprehensive Plan, Resolution Adopting

ZON063 Declaration of Covenants and Restrictions to Accommodate Rezoning

ZON064 Resolution Accepting Declaration of Covenants and Restrictions

ZON065 Resolution Accepting Declaration of Covenants and Restrictions

(Alternate Form)

ZON066 County Department of Planning Letter Requesting Review of Variance

Application

ZON067 * Land Use Change Application Flowchart

H Some of the forms contained in Zoning, Land Use and Environmental Law are omitted from this table of forms because they are available from other agencies. The current versions of these forms are obtainable from the following government agencies: the New York State Department of Environmental Conservation (www.dec.ny.gov) and the United States Environmental Protection Bureau (www.epa.gov).

Page 38: NEW YORK PRACTICE FORMS - New York State Bar Association

Page 4 of 4 DNLD: 2017-18 ZONING, LAND USE & ENVIRONMENTAL LAW * This form is a PDF and requires Adobe Reader or other suitable software

ZONING BOARD OF APPEALS

ZON068

ZON069

ZON070

ZON071

ZON072

ZON073

ZON074

ZON075

ZON076

ZON077

ZON078

ZON079

ZON080

ZON081

ZON082

ZON083

ZON084

Application for Appeal

Notice of Public Hearing: Area Variance (Model)

Area Variance Granted (Setback)—Sample Appeal Action

Area Variance Denied (Setback)—Sample Appeal Action

Flowchart

Interpretation of Zoning Ordinance—Sample Appeal Action

Interpretation of Zoning Ordinance or Alternative Variance, Notice of

Public Hearing re

Rehearing—Notice of Public Hearing re Zoning Board of Appeals

Decision

Special Use Permit, Model

Special Use Permit, Town of Sanford West Beach Enterprises LLC

Special Permit Granted—Sample Appeal Action

Special Use Permit, Granted With Conditions

Use Variance Model

Use Variance Granted—Sample Appeal Action

Use Variance Denied—Sample Appeal Action

Use Variance (Alternate Form)—Decision

Use Variance Findings Form

H Some of the forms contained in Zoning, Land Use and Environmental Law are omitted from this table of forms because they are available from other agencies. The current versions of these forms are obtainable from the following government agencies: the New York State Department of Environmental Conservation (www.dec.ny.gov) and the United States Environmental Protection Bureau (www.epa.gov).

Page 39: NEW YORK PRACTICE FORMS - New York State Bar Association

PRACTICAL SKILLS SERIES

GENERALLY Adobe, Inc. has added significant new features in its Acrobat family of programs which greatly enhance the usefulness of these Practical Skills Series (PSS) forms in Portable Document Format (PDF). With these features you can:

Use the new screen design to view information more precisely and efficiently by choosing the reading mode to fit more content on the screen or the two-up mode to view page spreads without excess space in the middle. Zoom in, pan over, or use the loupe feature in Reader to take a closer look.

Complete forms online as well as offline, including the ability to save partially completed forms with client data for completion later.

Fill in and save forms on your PC.

Please note that Adobe Reader Version XI (aka 11) or newer, or equivalent is required to enable efficient processing of these forms.

The Practical Skills Series CD that you purchased from NYSBA has the authorized ability to install the current version of Reader onto your PC without connecting to the Internet or Adobe, Inc’s website. If you did not exercise the option to install Reader when you installed this product, you can still perform the installation from the NYSBA CD by exiting this document, re-inserting the CD , and choosing to “INSTALL READER” when asked. No need to repeat the installation of the forms, so click CANCEL after installing the Reader program and navigate back to your Desktop.

Be sure to check for updates to Reader that may have been issued after this CD was created.

Below is a very brief introduction to general operations with Adobe Reader. Following that, a much more extensive discussion is provided where these and other enhanced features are explained in greater detail.

FILLING IN A NON-INTERACTIVE FORM

Non-interactive PDF forms can be printed and filled in by hand or can have text inserted directly into them by way of the keyboard. At this time, Adobe is in transition regarding the entry of text into an existing PDF document and therefore provides two alternative methods, the old way as well as the new to maintain compatibility with older documents that cannot support the newer techniques.

When utilizing Reader for inserting text, one of two different situations will occur:

1. After opening a PDF document with Reader XI, you may see a colored ribbon across the top of thedocument with an icon (small picture) of a Typewriter in the center. This icon is labeled“TYPEWRITER”. When you see the typewriter icon, merely click on it and the cursor will change to an Ibeam symbol: . …Position this I-beam at the place where text is to be inserted, (left) click your mouseand then begin keying the material to be inserted. (Note that the other text in the original document willnot expand or contract to make room for the new entry.)

1

Page 40: NEW YORK PRACTICE FORMS - New York State Bar Association

2. The second option you may see is when you open a PDF document with Reader and the “Typewriter” andthe colored ribbon do not appear at the top of the document. To enter data into the document, take thefollowing steps:

Click on the word “COMMENT” in the upper right of the screen and then on the Annotations tab, select the “T” figure from the drop-down menu by (left) clicking in it:

The cursor will change to an i-beam symbol: . …Position this i-beam at the point where text is to be inserted, left click your mouse and begin keying the material. (Note that other text in the original document will not expand to make room for the new entry.)

You may also change the font and size of the new entry along with other limited options in the secondary window that automatically opens:

Some of the PDF forms in this product may contain interactive form fields that are shaded a light color. You can fill in the form with one of the tools on the Select & Zoom toolbar: the Hand tool or the Select tool. When you place the pointer over an interactive form field, the pointer icon changes to one of the following:

• Pointing Finger or Pointing Hand Plus icon , appears when the pointer is over a button, radiobutton, check box, or item on a list.

• Arrow . Appears when you can select an item in a list of options.• I-beam icon appears when you can type text into the form field. If

the form fields are not interactive, the basic pointer icon does not change.

FILLING IN AN INTERACTIVE FORM

1. Select either the Hand tool or the Select tool. (Optional) To make form fields easier to identify,click the Highlight Fields button on the document message bar. Form fields appear with a coloredbackground (light blue by default).

2. Click on the first field you want to fill in, either to select that option or to place an I-beam pointer in thefield so you can start typing.

3. After making a selection or entering text, do any of the following:2

Page 41: NEW YORK PRACTICE FORMS - New York State Bar Association

o Press Tab or Shift + Tab to accept the field change and go to the next or previous field.o Press the Up or Left arrow key to select the previous radio button in a group of radio buttons, or

press the Down or Right arrow key to select the next radio button.o Press Esc to reject the field change and deselect the current field. If you’re viewing the form in

Full Screen mode, pressing Esc a second time causes you to exit Full Screen mode.

Note: If the current field is a single-line text box, you can press Enter (Windows) or Return (Mac OS) to accept your typing and deselect the field. If the current field is a check box, pressing Enter or Return turns the check box on or off. In a multiline text form field, pressing Enter or Return creates a paragraph return in the same form field. In all cases, you can press Enter on the keypad to accept the change and deselect the current form field.

4. After you fill in the fields, do the following:o Choose File > Save As, and specify a name (and location if desired) to save the completed

document.

Note: Adobe Acrobat Reader users now have extended rights in all these documents that enable the saved copy to include the entries you made in the form.

o Print the form.

CLEAR UNSAVED FORM ENTRIES

Choose File > Revert.

Note that these new features do not allow you to modify the text of the form itself, a strong advantage for PDF use where appropriate.

Additional new features supporting an open, collaborative work environment are also available. See www.adobe.com/products/reader for details.

The following pages provide a more detailed discussion from the Reader Help File of the new features made available within the current version. Please take the time to familiarize yourself with the new procedures so that you can achieve the best possible level of time-saving and efficiency.

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Reader Help / Fill in forms

Is the form fillable? Not all forms are fillable. Sometimes form creators don’t convert their PDFs to interactive fillable forms. Or, they intentionally design a form that you must print and fill in by hand. These non-interactive forms are called flat forms.

Purple bar across the top? The purple message bar indicates that the form is fillable. Depending on how the form was created, it could be “interactive” or “flat”.

Interactive form An interactive form contains fields that you can select or fill in. You can turn on the Auto-Complete option to help you fill in forms more quickly. Flat form with Add Text Comment tool A flat form does not have interactive fields. However, if available, you can use the Add Text Comment (Typewriter) tool to type over blank form fields. You can add text anywhere on the form, not only within specific boxes.

Fillable forms

A. Interactive forms highlight where you should type B. Forms with the Add Text Comment tool let you add text anywhere on the form Note: The purple bar displays only if the creator of the form enabled it.

Add Text Comment tool visible? Forms that display the Add Text Comment tool, let you add text anywhere on the form. If you don’t see theAdd Text Comment tool palette as shown below, look in the Tools or Sign pane (depending on your version of Reader) for the Add Text Comment option.

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If the Add Text Comment tool is available, you can add text anywhere on the form. Note: The Add Text Comment tool is available only if the creator of the form enabled it.

Yellow bar across the top? A yellow message bar may appear when you open a form in Reader. Protected View limits what you can do in a PDF to protect your computer from potentially malicious content. If you trust the source of the file, click Enable All Features. Once enabled, you can look for the purple message bar or Typewriter tool.

A yellow message bar protects you from potentially risky files.

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No purple bar or Typewriter tool? If you don’t see a purple bar across the top or the Typewriter tool, your form is not fillable in Reader. You must print the form and fill it in by hand.

Form with neither the purple bar across the top nor the Typewriter tool

Quick tip tutorials on filling in and saving forms For some quick tutorials on filling in forms, see these videos on Adobe TV:

• How to enter form data using Adobe Reader• How to type into a form• How to save form data

Sample forms: flat and interactive Patti Sokol, of Sokol Consulting, created two sample forms to show the differences between a flat form and an interactive form. Click here to see a flat form. Notice that you cannot type in the fields of a flat form.Click here to see an interactive form. You can highlight the fields and type in them. Be sure to read the information in the top text box of each sample form. Then move your cursor over the fields to see what actions are available. You can also print and save the forms to your computer.

Fill in an interactive form In an interactive form, the pointer changes to a different icon, depending the field. For example, the Hand tool changes to an I-

beam when you can type text into the form field. 1. If necessary, right-click the document, and select either the Hand tool or the Select tool from the

pop-up menu.

2. To make form fields easier to identify, click the Highlight Fields button on the purple documentmessage bar. Form fields appear with a colored background (light blue by default). A colored outline (red bydefault) identifies required form fields.

3. Click inside a text field to type. For check boxes or selection buttons, click the option you want to select.4. Press Tab to move forward or Shift + Tab to move backward.5. When finished, click the submit button to send the form data. The submit button can appear in the purple message bar at the

top of the form or in the form itself.For troubleshooting tips on completing forms, see Troubleshooting forms.

Options for moving among form fields

Key Result

Tab or Shift + Tab Accepts typing and moves to next field

Up/Left Arrow Selects previous radio button in a group

Down/Right Arrow Selects next radio button

Esc Reject and deselect form field.

Esc (press twice) Exits Full Screen mode

Enter or Return (single-line text field)

Accepts typing and deselects field

Enter or Return (multiline Creates paragraph return in

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text field) same form field

Enter or Return (check box)

Turns check box on or off

Enter (keypad) Accepts typing and deselects current form field

Enable the Auto-complete options (interactive forms only) The Auto-Complete feature stores entries that you type in interactive form fields. Auto-Complete then suggests or even automatically enters responses that match your typing in other form fields. The suggestions appear in a pop-up menu, from which you can select a match. The Auto-Complete feature is off by default, so you must enable it in the Forms preferences if you want to use it.

1. Choose Edit > Preferences (Windows) or Reader > Preferences (Mac OS) to open the Preferencesdialog box.2. In the Preferences dialog box, click Forms from the list at left.3. Under Auto-Complete, choose Basic or Advanced from the menu. (A description of each mode appears at the

bottom of the dialog box.)4. Select Remember Numerical Data if you want to store numbers that you type into forms.

Remove entries from the Auto-Complete memory If Auto-Complete includes unwanted entries, such as inadvertent misspellings, you can remove them.

1. Choose Edit > Preferences (Windows) or Reader > Preferences (Mac OS) to open the Preferencesdialog box.2. In the Preferences dialog box, click Forms from the list at left.3. Under Auto-Complete, select Edit Entry List, and then remove or change the unwanted words.

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Fill in forms with Add Text Comment tool If the form creator enabled the Add Text Comment tool, use that tool to fill out flat forms. The text you add with the Add Text Comment tool appears in the Comments List (Comment > Comments List).

1. In either the purple message bar or floating toolbar, click Add Text Comment.Note: If the Add Text Comment option is unavailable, you must print the form to fill it out.

2. Click a blank form field and type.

3. (Optional) Adjust options in the purple message bar or floating toolbar to change the text size, position, orfont.

4. When finished, print a copy of the completed form.

Note:You cannot electronically submit a form filled out using the Add Text Comment tool. You must print thecompleted form.

Save forms Not all forms can be saved. Completed forms can be saved only if the author of the form allows it. If the PDF author has enabled local

saving, click the disk icon in the toolbar at the upper left of the window or in the floating toolbar if viewing the form on the web. Then rename the file and save the form with your information.

The purple bar displays information, if you can save data typed into this form.

Floating toolbar in form viewed on the web. When you open a form in Adobe Reader, you can view the usage rights in the notification bar above the form. Contact the author of the form to change your usage rights.

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To the top

Print forms

1. In the upper left of the window, click the Print button . 2. Choose a printer from the menu at the top of the Print dialog box.3. In the Comments And Forms menu in the upper-right area of the Print dialog box, choose one of the following:

A.To print the form and the typed entries, choose Document. B. To print the form, the typed entries, and any comments on the form, choose Document And Markups.

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Clear forms

Clear a form in a browser • Do either of the following:• Select the reset form button, if one exists. You cannot undo this action.• Quit the browser, and start again.

Note:

Clicking the web browser’s Reload or Refresh button, the Back or Go Back button, or following a link to another page maynot completely clear the form.

Clear a form in the Reader application • Choose File > Revert.

Import or export form data (Reader application only, not browser) In some workflows, individuals submit filled-in forms as data-only files in a format such as FDF or XML. In Reader, you can import the data to view it in the context of the complete PDF:

• In the upper right of the window, click Extended, and then click Import Data.Likewise, you can save the information in a completed PDF form as a data file in another format:

• In the upper right of the window, click Extended, and then click Export Data.For more information, see Manage form data files in Acrobat Help.

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