Court_Notices Court Notices  

  • 6/24/15 N.Y. St. Reg. Court Notices
    NEW YORK STATE REGISTER
    VOLUME XXXVII, ISSUE 25
    June 24, 2015
    COURT NOTICES
     
    AMENDMENT OF RULE
    Rules of the Chief Judge
    Pursuant to Article VI, § 28(c) of the State Constitution and section 211 of the Judiciary Law, upon consultation with the Administrative Board of the Court, and with the approval of the Court of Appeals of the State of New York, I hereby amend, effective immediately, section 24.4(h) of the Rules of the Chief Judge, relating to sick leave, to read as follows.
    § 24.4(h) Return to work. The administrative authority may require an employee who has been absent because of personal illness, prior to and as a condition of his or her return to duty, to submit medical documentation to establish that he or she is not disabled from the performance of his or her normal duties and that his or her return to duty will not jeopardize the health of other employees. If the medical documentation provided is deemed insufficient by the administrative authority, the employee may be asked to provide additional medical documentation, and, if such additional medical documentation is not provided or is deemed insufficient, the administrative authority may require the employee, prior to and as a condition of his or her return to duty, to be examined, at the expense of the Unified Court System, by a physician designated by the administrative authority, to establish that [he or she] the employee is not disabled from the performance of his or her normal duties and that his or her return to duty will not jeopardize the health of other employees.
    AMENDMENT OF RULE
    Rules of the Chief Judge
    Pursuant to Article VI, § 28(c) of the State Constitution and section 211 of the Judiciary Law, upon consultation with the Administrative Board of the Court, and with the approval of the Court of Appeals of the State of New York, I hereby amend, effective immediately, section 24.6(i) of the Rules of the Chief Judge, relating to blood donations, to read as follows.
    § 24.6(i) Blood donations. Subject to the reasonable operating needs of the court or court-related agency, an employee shall be allowed up to three and one-half hours leave with pay for blood donations made during the employee’s normal working hours. Such leave shall be used only on the day the donation is made and shall include all time spend making the donation, including travel time to and from the collection point. [In the event that an employee donates blood during working houses pursuant to a court-sponsored blood drive and is required to return to work immediately following such donation, and the employee is not allowed the full three and one-half hours to make such donation, the employee shall be granted three and one-half hours of compensatory time.] This subdivision shall not apply to an employee who receives a fee for such donation.
    AMENDMENT OF RULE
    Rules of the Chief Judge
    Pursuant to Article VI, § 28(c) of the State Constitution and section 211 of the Judiciary Law, upon consultation with the Administrative Board of the Court, and with the approval of the Court of Appeals of the State of New York, I hereby amend, effective immediately, section 25.22(f) of the Rules of the Chief Judge, relating to absence during probationary term, to read as follows.
    § 25.22(f) Absence during probationary term. Any periods of authorized or unauthorized absence aggregating up to 10 workdays during the probationary term, or aggregating up to 20 workdays if the maximum term exceeds 26 weeks, may, in the discretion of the appointing authority, be considered as time served in the probationary term. When the probationary term for a trainee appointment exceeds one year, any periods of authorized or unauthorized absence in such probationary term aggregating up to 20 workdays multiplied by the number of years, including a fraction of a year, constituting the probationary term, may in the discretion of the appointing authority, be considered as time served in the probationary term. Any such periods of absence not so considered by the appointing authority as time served in the probationary term, and any periods of absence in excess of periods considered by the appointing authority as time served in the probationary term pursuant to this subdivision, shall not be counted as time served in the probationary term. The minimum and maximum periods of the probationary term of any employee shall be extended by the number of workdays of absence which, pursuant to this subdivision, are not counted as time served in the probationary term.
    AMENDMENT OF RULE
    Rules of the Chief Administrator
    Pursuant to the authority vested in me, and upon consultation with the Administrative Board of the Courts, I hereby amend section 118.2 of the Rules of the Chief Administrator, relating to public access to attorney registration information, by adding a new section 118.2(e), as follows, effective June 1, 2015:
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    Section 118.2 Public Access to Attorney Registration Information
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    (e) Upon a showing of good cause in individual cases, a Presiding Justice of the Appellate Division may direct the non-disclosure of information otherwise available pursuant to this section.
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    AMENDMENT OF RULE
    Uniform Civil Rules of the Supreme and County Courts
    Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby promulgate a new section 202.71 of the Uniform Civil Rules of the Supreme and County Courts, relating to recognition of tribal court judgments, decrees and orders, effective June 15, 2015, to read as follows:
    Section 202.71. Recognition of Tribal Court Judgments, Decrees and Orders
    Any person seeking recognition of a judgment, decree or order rendered by a court duly established under tribal or federal law by any Indian tribe, band or nation recognized by the State of New York or by the United States may commence a special proceeding in Supreme Court pursuant to Article 4 of the CPLR by filing a notice of petition and a petition with a copy of the tribal court judgment, decree or order appended thereto in the County Clerk’s office in any appropriate county of the state. If the court finds that the judgment, decree or order is entitled to recognition under principles of the common law of comity, it shall direct entry of the tribal judgment, decree or order as a judgment, decree or order of the Supreme Court of the State of New York. This procedure shall not supplant or diminish other available procedures for the recognition of judgments, decrees and orders under the law.

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