Form Instructions 1040 (Schedule D) for Queens New York 2023-2025

Form Instructions 1040 (Schedule D) for Queens New York: What You Should Know

Hearing. After the filing of a petition seeking the waiver of the application of this Part, notice of the hearing shall be given as provided in this section. (d) Hearing should be commenced no sooner than 30 days after service of the petition. The court must be apprised of all relevant matters, including-- (1) the purpose and expected effect of the petition; (2) the name(s) of the parties; (3) the address of the parties; (4) the name(s) of the agent for service and the address of the clerk's office or the address of the place of business of the agent; (5) the type of action and the nature of the proceedings in which the petition is filed; and (6) the name(s) of any persons on record to act as an officer or assistant to or for the party on behalf of which petition is filed. At the hearing, parties and attorneys shall be available for cross-examination. The Court must determine which party has sustained the burden of proof and that the waiver is warranted. If the court determines the party has sustained the burden, the court shall enter a determination of probable cause to believe that the person seeking relief is a party to the proceeding. A party to a proceeding is presumed to be a party at any time. (e) Order.  The hearing shall be held before the Judge in his or her capacity as presiding officer. The order of termination of the proceeding shall be entered by the Judge as expeditiously as practicable, on or before the date set forth upon which a hearing is waived. If the Court determines probable cause to believe that a party has filed an action as a purported defendant in the Surrogate's Court, the court shall issue an order terminating the proceeding. (f) Review. Any party in a proceeding in a Surrogate's Court in New York State may bring a notice of appeal as provided in section (e). (g) Subpoena.

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