S T A T E O F N E W Y O R K ________________________________________________________________________ 4303 1997-1998 Regular Sessions I N S E N A T E April 9, 1997 ___________ Introduced by Sen. VOLKER -- (at request of the Attorney General) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to plead- ings in special proceedings The People of the State of New York, represented in Senate and Assem- ______________________________________________________________________ bly, do enact as follows: _________________________ 1 Section 1. Section 402 of the civil practice law and rules, as amended 2 by chapter 773 of the laws of 1965, is amended to read as follows: 3  402. Pleadings. There shall be a petition, which shall comply with 4 the requirements for a complaint in an action, and an answer where there 5 is an adverse party. The petition and answer shall be accompanied by a _________________________________________________ 6 memorandum of law and all affidavits or other written proof relied upon ________________________________________________________________________ 7 by the parties. There shall be a reply to a counterclaim denominated as ________________ 8 such [and there may be a reply to new matter in the answer in any case]. 9 The court may permit such other pleadings as are authorized in an action 10 upon such terms as it may specify. Where there is no adverse party the 11 petition shall state the result of any prior application for similar 12 relief and shall specify the new facts, if any, that were not previously 13 shown. 14  2. Subdivision (a) of section 405 of the civil practice law and 15 rules is amended to read as follows: 16 (a) Motion to correct. Either party may move to cure a defect or 17 omission in the pleadings or in the record, or to strike scandalous or ___________________ 18 prejudicial matter unnecessarily inserted in a pleading, or for a more 19 definite statement of a pleading which is so vague or ambiguous that he 20 cannot reasonably be required to frame a response. 21  3. Subdivision (d) of section 7804 of the civil practice law and 22 rules, as amended by chapter 814 of the laws of 1965, is amended to read 23 as follows: 24 (d) Pleadings. There shall be a verified petition, which [may] shall _____ 25 be accompanied by a memorandum of law and all affidavits or other writ- ___________________________ EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD03134-02-7 S. 4303 2 1 ten proof relied upon by the petitioner. Where there is an adverse _____________________________ 2 party there shall be a verified answer, which shall be accompanied by a _________________________ 3 memorandum of law and all affidavits or other written proof relied upon ________________________________________________________________________ 4 by the respondent and which must state pertinent and material facts _______________________________ 5 showing the grounds of the respondent's action complained of. There 6 shall be a reply to a counterclaim denominated as such [and there shall 7 be a reply to new matter in the answer or where the accuracy of 8 proceedings annexed to the answer is disputed]. The court may permit 9 such other pleadings as are authorized in an action upon such terms as 10 it may specify. Pleadings which do not conform to such requirements ___________________________________________________ 11 shall be deemed defective and shall be subject to a motion pursuant to ________________________________________________________________________ 12 section four hundred five of this chapter. __________________________________________ 13  4. Subdivision (e) of section 7804 of the civil practice law and 14 rules, as amended by chapter 814 of the laws of 1965, is amended to read 15 as follows: 16 (e) [Answering affidavits; record] Record to be filed; default. The ______ 17 body or officer shall file with the answer a certified transcript of the 18 record of the proceedings under consideration, unless such a transcript 19 has already been filed with the clerk of the court. [The respondent 20 shall also serve and submit with the answer affidavits or other written 21 proof showing such evidentiary facts as shall entitle him to a trial of 22 any issue of fact.] The court may order the body or officer to supply 23 any defect or omission in the answer[,] or transcript [or an answering __ 24 affidavit]. Statements made in the answer, transcript or an answering 25 affidavit are not conclusive upon the petitioner. Should the body or 26 officer fail either to file and serve an answer or to move to dismiss, 27 the court may either issue a judgment in favor of the petitioner or 28 order that an answer be submitted. 29  5. This act shall take effect on the first day of September next 30 succeeding the date on which it shall have become a law.