FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`ADMINISTRATIVE
`ADMINISTRATIVE
`
`CHIEF
`
`ORDER
`JUDGE
`
`OF THE
`OF THE COURTS
`
`by the
`with and approval
`vested in me, and upon cc÷sul:=ion
`to the authority
`Pursuant
`15, 2017, section
`December
`I hereby amend, effective
`Board of
`the Courts,
`Administrative
`the Uniform Civil Rules for
`to the electronic
`the Supreme and County Courts,
`202.5-b of
`relating
`(new matter bolded
`and
`in the Supreme Court,
`consensual
`as follows
`of actions
`program,
`filing
`deleted matter
`]):
`anderlined;
`
`202.5-b. Electronic
`
`Filing
`
`in Supreme Court; Consensual
`
`Program.
`
`(a) Application.
`(1) On consent, documents may be filed and served by electronic means in Supreme Court
`in such civil actions and in such counties
`as shall be authorized
`the Chief
`by order of
`Ad-idmter
`of
`the Courts and only to the extent and in the manner
`provided
`in this section.
`this section:
`
`of
`
`(2) Definitions.
`
`For purposes
`means"
`
`bctwccn
`infeæ.etion
`of
`transmission
`shall mean any method of
`(i) "electronic
`of sending
`for
`the purpose
`designed
`other
`than facsimile machines,
`computers
`or other m±èine,
`and which
`allows
`the mipiet
`to reproduce
`the information
`and receiving
`such trammi:=iom,
`transmitted
`in a tangible medium of expression;
`"NYSCEF"
`shall mean the New York State Courts Electronic
`Filing System and the
`(ii)
`site" shall mean the New York State Courts E!et=Mc
`located
`Filing System website
`"NYSCEF
`at www.nycourts.gov/efile;
`
`"e-filing",
`(iii)
`service of documents
`
`"electronic
`in a civil
`
`filing"
`
`filing"
`
`and
`
`to use e-filing
`
`action"
`
`shall mean an
`with this section;
`
`shall mean the filing
`and "electronically
`the NYSCEF
`action by electronic means through
`site;
`user" shall mean a person who has registered
`e-filing
`this section;
`(c) of
`a special pmMng
`and an "e-filed
`include
`filed and served in accordance
`are electronically
`shall mean information
`copy"
`
`(iv) an "authorized
`to subdivision
`(v) an "action"
`shall
`action in which documents
`"hard copy"
`
`pursuant
`
`(vi)
`
`(vii)
`"working
`been electronically
`"party"
`
`(viii)
`
`shall mean a hard copy that
`filed in accordance with this section;
`or "parties"
`shall mean the party or parties
`litigant"
`shall mean a party to an action who is not
`
`set forth in paper
`
`form;
`
`is an exact copy of a de"=et
`
`to an action or counsel
`
`that has
`
`thereto;
`
`(ix)
`
`counsel;
`
`"unrepresented
`
`represented
`
`by
`
`

`

`FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`(x)
`authorized
`
`available
`
`"expedited
`user; and
`e-filing
`"Resource Center"
`Resource Center,
`shall mean the NYSCEF
`(xi)
`the NYSCEF
`and through
`or efile@nycourts.gov
`at 646-386-3033
`
`processing"
`
`shall mean the expedited
`
`registration
`
`of a person as an
`
`the e-filing
`site.
`
`help center
`
`in section
`
`202.5-bb
`
`of
`
`(b) E-filing
`these rules,
`
`in Actions
`the following
`
`in Supreme Court. Except as otherwise
`provided
`in Supreme Court:
`to all actions
`shall apply
`any action in the
`an action by electronic means. A party may cóinmence
`(1) Commencing
`and in the
`(provided
`has been authorized
`in any county
`in that county
`that e-filing
`Supreme Court
`that action belongs pursuant
`to paragraph
`(1) of subdivisión
`this
`(a) of
`class of actions to which
`with the County Clerk
`through
`the
`deements
`the initiating
`section) by electronically
`filing
`to commence
`for
`review of a small
`a proceeding
`site. When so authorized,
`a petition
`NYSCEF
`Tax Law § 730 may be e-filed,
`claims assessment pursuant
`to Real Property
`as
`including
`follows:
`in accordance with such
`in the form prescribed
`the petition,
`by the Chief Ai=.inis*ater
`and shall be e-
`shall be completed
`and signed in hard copy as provided
`in that section
`section,
`filed by '-s--dssies
`to the NYSCEF
`with procedures
`in conformity
`established
`by the site,
`site,
`of a text
`file cen+=i-ing
`all of
`the information
`set forth in the completed
`and executed
`hard copy
`Upon receipt of such **ae-i-eim=
`petition
`(exclusive
`of
`the sigmt==(s)).
`the site shall generate
`and record the completed
`petition
`in proper
`document
`format.
`form in portable
`
`in an action after commencement.
`
`(2) E-filing
`required. After
`the parties
`of
`(i) Consent
`is
`of an action wherein
`commencement
`e-filing
`service
`documents may be elect=ëœ!!y
`filed and served, but only by, and electronic
`authorizad,
`shall be made only upon, a party or parties who have consented
`thereto. A party's
`failure
`to
`consent
`to participation
`in electronic
`and service shall not bar any other party to the action
`filing
`from filing deme±
`with the County Clerk and the court or serving
`documents
`electronically
`upon any other party who has consented
`to participation.
`A party who has not consented
`to
`file demes
`participation
`shall
`with the court and the County Clerk,
`and serve and be served
`in hard copy on a non-
`with documents,
`in hard copy. When an e-filing
`party serves a document
`the deement
`served shall bear
`full signatures
`of all signatories
`and proof of
`party,
`participating
`such service shall be filed electronically.
`
`the fc!!:·dng,
`how obtained. Notwithstanding
`to e-filing;
`(ii) Consent
`no party shall be
`to e-
`to participate
`pursuant
`in e-filing
`to this section. A consent
`or indist!y,
`compelled,
`directly
`the party providiñg
`it agrees to the use of e-filing
`in an action shall state that
`in the action
`filing
`and to be bound by the filing
`and service provisions
`in this section. A party who has commenced
`an action elechanically
`shall serve upon the other parties together with the initiating
`documents
`notice begarding-availabiHty]
`in a form approved
`of e-filing
`by the Chief Administrator.
`Such
`[A-party-whe-
`notice shall provide
`sufficient
`infar ñation
`in plain language concerning
`e-filing.
`
`a
`
`2
`
`

`

`FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`shall promptly
`a party served with such a notice
`for an unrepresented
`Except
`litigant,
`made-]
`pmvided
`the NYSCEF
`at
`electronically
`in the manner
`site or
`his or her consent
`record
`of ceaeant
`with the court and serve on all parties of record [either-a-eensent-er]
`a declination
`
`file
`
`is exempt
`litigant
`.] An unrapraeaated
`in sem=3ace
`with this section and need
`from having to file and serve documents
`electronically
`except
`that he or she may fde a consent
`to participatc
`not
`respond to the notice described
`herein;
`in plain
`in e-filing
`provided
`the clerk
`shall
`first have explained
`his or her options
`for e-filing
`and iaqM
`the option
`for expedited
`whether
`he or she wishes
`language,
`processing,
`including
`it shall be
`to pasticipate. Where an unrepresented
`litigant
`opts to file a consent h-enader,
`documented
`in the case file in a manner prescribed
`by the Chief Ad:nini::trator.
`Provided,
`that where an =represented
`litigant
`chooses to participate
`in e-filing
`in accordance
`however,
`with these rules, he or she may at any time opt out of such participation
`the clerk
`by presenting
`of the court with a form so declaring.
`of a consent
`The filing
`to e-filing
`hereunder
`shall not
`constitute
`an •.ppaazanae in the action under CPLR 320.
`of e-filing
`t-i==tion
`filed with the court;
`or meMaarion
`(iii) Documents
`previously
`that documents
`p-ccadures. When an action becomes
`subject
`the court may direct
`to e-filing,
`filed in the action in hard copy be filed electronically
`by the parties. The court may at
`previously
`any time order discenEnuetion
`in such action or madhtion
`of e-filing
`of e-filing
`p--+res
`therein in order
`to prevent
`prejudice
`and pramete
`substantial
`justice.
`
`(ty)
`
`Conversion
`
`of nendina
`
`actions. Where
`
`orocedurally
`
`permitted,
`
`uno-n_gugt_
`
`direction
`i2ending
`sumdanca
`
`application.
`or
`form. Such direction.
`to electronic
`be converted
`actionmay
`must be served
`to the action
`on all parties
`and filed with_nroof-oftervice,_The_
`arties
`to furnish
`filed
`hard
`copy documents
`previously
`
`in
`
`elec_tronic
`
`form.
`
`(c) Authorized
`
`Users, Passwords
`E-filing
`h====a
`isquired.
`(1) Regi*ation
`person who has rer,isieged as an authorized
`subdivision.
`
`and Registration.
`
`may be filed or served electronically
`user or as otherwise
`provided
`e-filing
`
`only by a
`in this
`
`(2) Registering
`
`as an authorized
`
`e-filing
`in the State of New York,
`to practice
`admitted
`(i) Who may register. An attorney
`or a
`record in an e-
`person seeking to serve as an authorized
`of
`agent on behalf of attorneys
`e-filing
`agent") may register
`as an authorized
`(hereinafter
`filed action or actions
`user of
`"filing
`e-filing
`the NYSCEF
`site. An attorney
`c·ª-_ired
`pro hac vice in an action, an unrepresented
`or a
`litigant,
`person who has been authorized
`in writing
`by an owner or owners of
`to submit
`a
`real property
`Tax Law and who has been licensed
`as pravided
`in section
`730 of
`the Real Property
`to
`petition
`the h=i==
`engage in such business as required
`by the jurisdiction
`in which
`is operated
`
`user.
`
`3
`
`

`

`FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`ñd-
`as an authorized
`agent") may also register
`review filing
`claims a-ea-at
`"small
`in the case of a small
`claims
`assessment
`for purposes of such action or,
`filing user, but solely
`Tax Law
`review fding
`for
`those proceedings
`under section 730 of
`the Real Property
`agent, solely
`in which he or she has been authorized
`to submit a petition.
`
`e-
`
`by the Chief
`shall be on a fonn prescribed
`(ii) How to register. Registration
`by the Chief Ad
`shall not be comp!ate
`registratica
`Administratar.
`If so provided
`rdseter,
`the registering
`person has been approved
`as an e-filing
`user. An authorized
`user shall
`e-filing
`provided
`on his or her
`the Resource Center
`of any change in the information
`notify
`immediatcly
`registration
`form.
`
`until
`
`Identihah
`an authorized
`and password. Upon registration,
`user shall be
`(3)
`e-filing
`and a password
`by the Unified
`IdenuEce6en
`Designation
`("User
`issued a conftdantial
`User
`ID")
`Court System ("UCS").
`his or her User
`ID and
`An authorized
`user shall maintain
`e-filing
`password
`as ccMa-ti4
`except as provided
`in paragraph
`(4) of
`this subdivision.
`Upon leaming
`e-
`an authorized
`of
`the mspremise
`of
`of either
`the User
`ID or the password,
`the ceddentiality
`the Reme
`its initiative
`the
`user shall
`Center. At
`or upon request,
`filing
`immediately
`notify
`UCS may at any time issue a new User
`to any autharized
`ID or password
`user.
`e-·filing
`(4) User
`user may
`person. An authorized
`use by authorized
`ID and password;
`e-filing
`on his or her behalf
`authorize
`another person to file a document
`in a particular
`electronically
`action using the User
`ID and password
`of
`the user, but,
`the authorized
`in such event,
`e-filing
`shall
`retain full
`for any document
`filed.
`responsibility
`
`user
`
`(d) Electronic
`
`Filing
`(1) Electronic
`
`of Documents.
`
`Filing
`
`of Documents.
`
`(i) Electronic
`any action subject
`party [
`pmvided
`
`filing
`to e-filing,
`
`in this section. All e-filed
`
`at the NYSCEF
`
`site.
`
`format
`of authorization.
`statement
`of e-filed
`required;
`demea.ts;
`all documents
`to be filed with the court by [al an e-filing
`required
`except as
`I shall be filed and served electronically,
`[D]documents
`shall
`[
`I comply with the
`
`In
`
`h
`
`requirements
`
`set forth
`
`than one employed
`(other
`of authorizatioAA
`statement
`agent
`(ii) Filing
`agent:
`filing
`shall e-file a smtement
`of authorization
`by a gammer-'al
`from counsel
`of
`record in an
`entity)
`by the Chief Ai=irds-ätor,
`in a fonn approved
`prior
`to or together with the first e-filing
`action,
`that counsel.
`in that action by the agent on behalf of
`
`other hard copy filings. Documents
`to
`that are required
`exception;
`[(-ii-)] Emergency
`{||j)
`be filed and served electronically
`(1) of subdivision
`in accordance with this section or paragraph
`of
`(c) of section 202.5-bb
`these rules may nevertheless
`be filed and served in hard copy where
`required
`by statute or court order, where the document
`is an application
`that may by statute be
`,w_
`without
`the document
`is accompanied
`notice, or provided
`by the affirmation
`or
`affidavit
`of
`the filing
`or
`litigant
`stating that:
`[(i)] a deadline
`unrepresented
`(1)
`attomey
`[party|
`
`4
`
`

`

`FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`on the day the
`expire
`the court will
`rule or order of
`for
`and service fixed by statute,
`filing
`the attorney,
`business day; and (2)
`is being filed and served or on the icilavving
`document
`I(-ii)]
`is unable to file and serve such
`or unrepresented
`litigant
`agent
`therefor.
`filing
`[partyer]
`because of
`problems with his or her emante
`equipment
`technical
`document
`c!cmescally
`file and serve dc--sts
`in hard copy pursuant
`c^Paden.
`In the event a filer shall
`Intemet
`the notice -qul-d
`this aghparagraph,
`each such document
`shall
`include
`by [thie] Ege..
`shall
`file those documents
`with the NYSCEF
`and the filer
`immediately
`following
`scsâragrâ¡A
`site within
`three business
`days thereafter.
`
`or
`to
`
`to e-
`on hard copy filing. Where an action is subject
`[(-iii)I Form of notice required
`fjy.)
`litisant
`than an unrepresented
`filing and a party (other
`who is not narticipatine
`in e-filigg}
`in hard copy, such document
`shall
`on a
`seeks to file a document
`or attorney
`therein
`include,
`a notice of hard copy ±±den,
`in a form approved
`by the
`separate page firmly
`affixed
`thereto,
`Chief Administator,
`that
`states
`the reason why the document
`is beina
`filed
`in hani
`cogy.
`
`]
`
`of Fees. Whenever
`(2) Payment
`documents
`the payment
`require
`& y that
`are filed elect
`shall provide
`the person who files the documents
`of a filing
`of
`the fee:
`in payment
`therewith,
`fee,
`as shall be required
`at the NYSCEF
`site to permit
`a card to be
`(i) such credit card Lafoanation
`the form or information
`charged by the County Clerk;
`or (ii)
`required
`by the County Clerk
`to
`permit him or her to debit an account me-+=ª=-
`d with the County Clerk by an attorney
`or law
`for a party to the action; or (iii)
`firm appearing
`such information
`as shall be required
`at the
`NYSCEF
`site to permit
`an automated
`house debit
`to be made; or (iv) any other
`form of
`clearing
`payment authorized
`by the Chief Adminisuatar.
`where permitted
`the foregoing,
`Notwithstanding
`user who ela-Mdedly
`by the County Clerk, an authorized
`that
`files documents
`require
`e-filing
`the payment
`fee may cause such fee to be paid thereafter
`of a filing
`at the office
`of
`the County
`Clerk.
`
`and receipt
`
`of documents;
`
`notification.
`
`(3) Filing
`the day or
`at any time of
`may be transmitted
`are filed. Decsc-t
`(i) When documents
`site. A document
`than an order
`or
`iudgment
`to the NYSCEF
`other
`night
`is filed when its
`el-±aa.ic
`tre--bia
`in the case of a petition
`that
`is e-fded
`by submission
`of a text
`file as
`or,
`provided
`in subdivision
`of
`the e!~±ade
`this section,
`transmission
`of
`the text
`file is
`(b)(1)
`recorded at that site, provided,
`that where payment
`of a fee is required
`upon the filing
`however,
`of a deem-t,
`of
`the document
`is not
`filed until has-dsden
`the document
`and the information
`(ii) or (iii) of paragraph
`this subdivisian
`(2) of
`has been
`or form or info==anon
`as required
`in (i),
`if no h--
`recorded at the NYSCEF
`of
`that
`information
`or form or information
`is
`site; or,
`recorded, where permitted
`by the County Clerk, until payment
`is presented
`to the County Clerk.
`
`than the close of business on the business
`No later
`(ii) Notification.
`the
`day following
`in a form prescribed
`a noi¡iluation,
`c!cenc
`of a damment,
`by the Chief Adminientor,
`filing
`such dae-ent
`shall be transmitted
`and
`by the NYSCEF
`site to the person filing
`electronically
`the e-mail
`addresses
`of all other
`parties
`in such action.
`[an-ether-parties
`service
`participatim
`
`5
`
`

`

`FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`the County
`an action are filed electronically,
`When documents
`iM±±a
`partieipating-in-e-fi·lingd
`shall be
`to the action and that number
`number
`Clerk shall assign an index number
`or filing
`tranamitted
`the ñGtificstie--
`If, where permitted,
`such d~·n=ants
`as part of
`to the person filing
`documents
`have been transmitted
`the
`payment
`is submitted
`after
`the id:iathe
`elee*=nically,
`that payment.
`County Clerk shall assign the number
`upon presentation
`of
`
`to
`discovered
`is subsequently
`elect _ronically
`filed
`If a doc==cut
`Correction.
`fiiii)
`data -
`protected
`but met limited
`to tra.de-s.e.cr.e.th inf==;;tic:;
`confidential
`contain
`ind=di=r
`or nersonal
`or
`confidential
`information
`as defined
`agreement
`by statute
`by ce=8id=tiality
`rule - or otherwise
`in error.
`the filer
`court
`to have been filed
`or another
`party
`or affected
`in the action
`of
`the
`the parties
`and any non-party
`filers
`person may (1) notify
`and of his or her 5=+=+3a= to seek
`issue or other
`error
`raised
`by the filing,
`confidentiality
`indicial
`relief
`to correct
`the filine:
`such notificstism,
`request
`that
`the
`(2)
`fe!!e-ins
`appropriate
`his or her administrative
`olace the
`discretion,
`County
`Clerk,
`exercising
`in " estricted"
`d==s-=t
`for
`status on the NYSCEF
`to be made available
`site,
`temporarily
`public:
`and (3)
`staff
`by court
`and the parties
`but not
`the reneral
`file an application,
`viewing
`the filine
`to show esuse withim five business
`days of such s©tincã‡:ó¡n
`to correct
`by order
`such time as the court may di ect),
`a request
`for preliminary
`leinna.ive
`relief
`i=d=d!=2
`interim disclosure
`of
`the document
`issue.
`Unless otherwise
`at
`directed
`by the
`]jggjtjgg
`placed
`any document
`in restricted
`status
`in response
`to such a request
`shall be
`court,
`to oublic
`this five day seriod.
`returned
`view unen
`expiration
`of
`The Chief Admhniarator
`the Courts
`shan prom=!gate
`forms
`to i=-¡-in-sat
`this process.
`of
`
`(9.r
`
`record; m-i-ta-----
`When a document
`files[t-working-eepies].
`of
`(4) Official
`has been
`of
`the official
`record shall be the electronic
`pursuant
`to this section,
`filed elae'_=ëcally
`recording
`or ½ those
`the document
`stored by the County Clerk. The County Clerk or his or her designee may scan and
`e-file documents
`that were filed in hard copy in an action subject
`to e-filing
`=='=w---4
`in hard copy form. All documents
`documents
`by the County Clerk as the
`separately
`system. Where a daen=aa+
`official
`electronic
`record shall also be filed in the NYSCEF
`that was
`filed in hard copy is thereafter
`date recorded
`the filing
`in NYSCEF
`shall be the date of
`e-filed,
`Clerk who maintains
`hard copy filing.
`a County
`documents
`in hard
`form in a
`copy
`so indicate
`in the NYSCEF
`matter
`shall
`record.
`particular
`
`conies. The court may require the parties to provide working
`copies of
`(5) Workine
`documents
`filed elee*=Mcally.
`copy shall
`In such event, each working
`affixed
`include,
`firrnly
`notice in a form prescribed
`thereto, a copy of a confirmation
`by the Chief Ad-idst-ater.
`
`the court directs otherwise,
`Unless
`orders and judgments.
`[(4)] Decisions,
`(6)
`any
`de~=me
`a judge's
`shall be tr==itted
`and in hard copy to
`that
`requires
`sig-.st:c
`electronically
`the court. Except where
`the Chief Admid-wor
`authorizes
`use of electronic
`[Unlese]
`orders and judgm=t:
`signed by a judge
`shall be signed in hard copy. All
`signatures,
`decisions,
`signed decisio=_•, orders and j=dj;==ts
`shall be converted
`into elat+-=Me
`form and transmitted
`the NYSCEF
`site by the appropriate
`clerk.
`
`to
`
`6
`
`

`

`FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`any other provision
`in hard copy. Notwithstanding
`and other documents
`[(4)] Exhibits
`(7)
`by the Chief Ad-idshior,
`as may be established
`to such guidelines
`this section, and subject
`of
`in
`a party
`the County Clerk or his or her designee may require or permit
`to file in hard copy,
`set by the County Clerk or designee,
`an exhibit
`or other document
`accordance with procedures
`which it
`or iñccamaicni
`is impractical
`to file electronically.
`
`(e) Signatures.
`
`shall be considered
`filed document
`An elec*=dedly
`of a document.
`(1) Signing
`if:
`the person idcatined
`as a signatory,
`been signed by, and shall be binding
`upon,
`signature
`or
`
`it bears the physical
`(i)
`that reproduces
`such signature;
`
`of such person and is scanned into an electronic
`
`to have
`
`format
`
`(ii)
`document;
`
`the signatory
`or
`
`has electronically
`
`affixed
`
`the digital
`
`image of his or her sigrñura
`
`to the
`
`(iii)
`
`it
`
`filed under
`
`the User
`
`ID and password
`
`of
`
`that person;
`
`or
`
`is cl-±adcally
`in a tax certiorari
`the parties have s*ipdated
`action in which
`it
`to this procedure,
`(iv)
`demant
`that
`is elec*=ecally
`the signatory
`of
`filed without
`the signature
`in a form
`initiatiñg
`above in this subparagraph,
`provided
`provided
`that, prior
`the document
`is signed in full
`to filing,
`in hard copy (which
`hard copy must be preserved
`until
`the conclusion
`of all p-~aings,
`in the case in which
`it
`is filed);
`appeals,
`including
`
`is an
`
`review proceeding,
`in a small claims
`it
`assessment
`by the
`recorded
`is a petition
`(v)
`of a text
`site upon the filing
`NYSCEF
`of
`file as provided
`in subdivision
`this section,
`(b)(1)
`the document was signed in full
`that prior
`to filing,
`provided
`in hard copy (which
`hard copy must
`be preserved until
`the conclusion
`of all proceedings
`in the matter,
`article
`78 review and
`includiñg
`any appeals, and must be made available
`during the p-seding
`upon request of
`or
`the mpandent
`the court); or
`
`bears the electronic
`it otherwise
`the signatory
`signature
`in a format
`of
`(vi)
`confe,-ing
`such standards and requirements
`as may hereafter
`be as*.ablished by the Chief A±nisir=ter.
`with Part 130. A document
`(2) Ccmpliâñce
`shall be considered
`to have been signed by an
`or party in cap!i==ce
`with section
`130-1.1-a
`of
`the Rules of
`the Chief Administrator
`attomey
`(22 NYCRR
`if
`it has been signed by such attomey
`or party as provided
`in paragraph
`§l30-1.1-a)
`this subdivision
`(1) of
`and it bears the signatory's
`name.
`
`to
`
`party or attorney may add his or her signature
`A judge,
`of Signature.
`(3) Certification
`filed document
`spedan
`or other
`and filing,
`to be filed,
`or causing
`a Certification
`by signing
`Signature
`for such doceent
`in a form prescribed
`by the Chief Administrator.
`
`to a
`of
`
`7
`
`

`

`FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`(f) Service of Documents.
`(1) Service of ME"
`documents may be served in
`in an action.
`documents
`Initiating
`to the Real
`cases, pursuant
`in tax certiorari
`3 of
`the CPLR, or,
`to Article
`hard copy pursuant
`Property Tax Law, and shall bear
`full signatures
`as required
`or by electronic means if
`thereby,
`to review a small
`the party served agrees to accept such service.
`In the case of a proceeding
`claims assessment where the petition
`has been e-filed
`by the submission
`of a text
`file as previded
`this section,
`the patitian,
`a hard copy of
`comp!M
`and signed as set
`in subdivision
`(b)(1) of
`fully
`and shall be served upon the assessing unit or tax
`forth in that subdivision,
`shall be mailed,
`as provided
`in Section
`730 of
`Tax Law, unless otherwise
`the Real Property
`commission,
`24 hours of service,
`the
`provide
`stipulated.
`A party served by e!~±ase
`means shall, within
`serving party or attorney with an electronic
`confirmation
`that
`the service has been effected.
`documents
`(2) Service of
`
`in an e-filed
`
`action.
`
`interlocutory
`
`address for service. The e-mail
`(i) E-mail
`repistration
`is the [
`
`service
`
`address
`
`recorded
`
`at
`
`the time of
`
`,
`
`] e-mail
`ts on that party may be made through
`]. It
`notify
`
`and promptly
`that address
`to monitor
`his or her e-mail
`service address.
`
`address at which
`e--™=±=
`tr---5M
`is the responsibility
`the Reaaurne Center
`
`of
`service
`intedocutcry
`site
`by the NYSCEF
`of[E]each
`user
`filing
`[shall]
`in the event of a change in
`
`-
`
`] an
`
`(ii) How service is made.
`[
`to be made upon another
`document
`party causes service of an interlocutory
`party
`gling
`electrcñically.
`Upon receipt
`of an interlocutory
`the document
`in e-filing
`by filing
`participating
`the NYSCEF
`site shall automatically
`transmit
`elect~tic
`notifwatian
`to all e-mail
`document,
`shall provide
`service addresses
`in such action. Such notification
`the title of
`the dêcüæênt
`the date received,
`on the list of e-mail
`and the names of
`those appearing
`service
`received,
`addresses to whom that notification
`is being sent. Each party receiving
`the notification
`shall be
`for accessing the NYSCEF
`the document
`site to obtain a copy of
`received.
`Except as
`=pamible
`provided
`otherwise
`in subdivision
`the electronic
`this section,
`(2) of
`trammirien
`the
`of
`(h)
`notifiemian
`shall constitute
`service of
`the document
`on the e-mail
`service addresses
`idcatified
`such service will not be effective
`if
`the filing
`learns that
`the notification
`therein;
`however,
`party
`did not
`reach the address of
`the person to be served. Proof of such service will
`be recorded
`on the
`site. A party may, however,
`NYSCEF
`utilize
`other service me*h½
`permitted
`by the CPLR
`pmvided
`if one of such other methods
`that service shall be filed
`is used, proof of
`that,
`electronically.
`
`of Parties
`
`(g) Addition
`
`[er-propened-Intervenere]
`A party to be added in an action subject
`to e-filing
`hard copy together with the notice [
`
`Action.
`
`in a Pending E-Filed
`shall be served with laiA+N.g
`] of c-f
`ng
`
`documents
`
`in
`
`8
`
`

`

`FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`consenting-parties].
`
`(1) Entry;
`designee shall
`
`and Notice
`
`of Entry.
`
`or his or her
`
`(h) Entry of Orders and Judgments
`the County Clerk
`to e-filing,
`date of entry.
`In an action subject
`file orders and judgmcñ:s
`of
`the court e!~·trerdcally[
`a fding
`Clerk may affix
`them.
`] and enter
`The County
`hard copy document
`by stamaing
`the original
`before
`fding
`indaments
`or
`orders
`to the document
`9r by affixing
`a stamp
`after
`it has been electronically
`eleçtronically
`stamD shall be proof
`the fact of entry
`and the date and time thereof.
`of
`The filing
`of entry shall be the date [
`
`to
`
`stamp
`it
`
`filed,
`The date
`
`Clerk receives an order or
`date of receipt
`is the date of
`shall
`record at the NYSCEF
`
`the County
`if
`that
`except
`on the stamp.
`Ishown
`cr.: and places a filing
`that
`the
`stamp and date thereon
`reflecting
`..ds
`the Clerk
`but does not e-file the decsecñ:
`until a later day,
`filing
`site as the date of entry the date shown on the filing
`stamp.
`
`service of notice of entry by parties. Upon entry of an order or
`[(4)] Notification;
`(2)
`site shall
`the NYSCEF
`transmit
`receipt
`to the e-rnail
`service addresses a notification
`of
`judgment,
`of such entry, which
`shall not eviwtitute
`service of notice of entry by any party. A party shall
`serve notice of entry of an order or judgment
`the order or
`on another party by serving
`a copy of
`judgment
`and written
`notice of
`its entry. A party may serve such documents
`elaat=÷ally
`by
`filing them with the NYSCEF
`site and thus causing trrr.=ission
`by the site of notification
`of
`receipt of
`which
`the documents,
`shall constitute
`service thereof
`In the altemative,
`by the filer,
`party may serve a copy of
`the order or judgment
`and written
`notice of
`in hard copy by
`its entry
`any method set forth in CPLR 2103 (b)
`to (6).
`If service is made in hard copy by any such
`(1)
`method and a copy of
`the order or judgmcñ:
`its entry and proof of such hani copy
`and notice of
`of =^*ma+ia=
`service are thereafter
`filed with the NYSCEF
`transmission
`by NYSCEF
`of
`site,
`receipt of
`those docur=ene
`shall not constitute
`service of
`the notice of entry on the
`parties to whom the notification
`is sent.
`
`a
`
`(i)Technical
`
`Failures.
`
`to a *aah=3-1
`site shall be ccr.dde.cd
`The NYSCEF
`failure
`to be subject
`the
`on a given day if
`site is unable to accept
`or intermittently
`filings
`or provide
`access to filed documents
`=+i=»^=sly
`over
`the course of any period
`of
`time greater
`than one hour after 12:00 noon of
`that day. Notice
`of all such technical
`on the site. When e-filing
`failures
`shall be provided
`is hi=d-ai
`by a
`
`9
`
`

`

`FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`clerk and serve in hard copy. With the
`a party may file with the appropriate
`teh=ied
`failure,
`that
`of any document
`the time for
`that by law cannot be extended,
`of deadlines
`exception
`filing
`for one day for each day on which
`failure
`of
`the site shall be extended
`delayed due to technical
`shall
`In the event an attorney
`or party
`occurs, unless atherwisc
`ordered by the court.
`such failure
`each such de".=æt
`shall
`in hard copy pursuant
`file and serve documents
`to this paragraph,
`and the filer
`this section,
`include the notice required
`(1) of subdivision
`(d) of
`by paragraph
`three business days after
`renesden
`of
`file those documents with the NYSCEF
`site within
`at that site.
`normal operations
`
`shall
`
`is
`
`(j) Electronic
`
`Filing
`
`of Discovery
`
`Materials.
`
`in response to
`materials
`parties and non-parties
`to e-filing,
`In any action subject
`pMucing
`the electronic
`shall be e-filed,
`which
`into a stipu!±*ien,
`demands may enter
`authorizing
`discovery
`to the degree and upon terms and
`and discovery materials
`of discovery
`responses
`filing
`file
`shall
`no party
`conditions
`set forth in the s*ipule*ion.
`In the absence of such a e*ipu!e*ion,
`or selected exhibits
`in the form of excerpts,
`except
`any such materials
`que'sticñs,
`electronically
`as part of motion
`filings with the court.
`from such materials
`papers, pleadings
`or other
`
`(k) Copyright,
`
`Confidentiality
`
`and Other Proprietary
`
`Rights.
`
`pursuant
`to e-filing
`shall have the same copyright,
`p~xedums
`(1) Submirmions
`and proprietary
`rights as paper documents.
`confidentiality
`for an order p-EM±g
`or
`to e-filing,
`any person may apply
`In an action subject
`(2)
`identified
`materials
`on the grounds
`in the action of specifically
`the electronic
`filing
`restricting
`or trade secret or other
`to copyright
`or other proprietary
`that such materials
`are subject
`rights,
`to result
`in r±
`ial prejudice
`interests, and that electronic
`in the action is likely
`privacy
`filing
`to those rights or interests.
`[
`
`10
`
`

`

`FILED: HERKIMER COUNTY CLERK 09/29/2021 01:19 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. EF2018-1
`
`RECEIVED NYSCEF: 09/29/2021
`
`Public
`
`view of documents
`
`containing
`
`social
`
`security
`
`numbers.
`
`CEF ad±hters
`shall
`that displav
`filed documents
`
`take stent
`an individüñ:'s
`
`to ideatify
`social
`
`oublic
`and restrict
`number.
`security
`
`view of portions
`
`of
`
`Dated:
`
`November
`
`8, 2017
`
`ef
`
`/--Adsh6ve
`
`Jud
`
`of
`
`the Courts
`
`AO/193/17
`
`11
`
`