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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Chan v. Adossa, 195 Misc. 2d 590 (2003)

Citation
Chan v. Adossa, 195 Misc. 2d 590 (2003)
Parent Document
Chan v. Adossa, 195 Misc. 2d 590 (2003)
Jurisdiction
New York (state)
Effective Date
2003-02-25

Full Text

723 chars
Finally, even if the Administrative Code provision and the court rule were intended to add such a jurisdictional prerequisite, they could not validly do so. Jurisdiction over summary proceedings is conferred upon the Civil Court by the State Constitution (NY Const, art VI, § 15 [b]) and by the State Legislature, acting pursuant to the mandate of this constitutional provision (CCA 204; RPAPL 701; see Wilson Han Assn. v Arthur, NYLJ, July 6, 1999, at 29, col 4 [App Term, 2d & 11th Jud Dists]; cf. Lacks v Lacks, 41 NY2d 71, 74-76 [1976]). The jurisdiction so conferred cannot be altered or limited by a local law of the City of New York or by a court rule. As one Civil Court judge stated with respect to the court rule: