NY

Notice of Non-Compliance (Universal)

CPLR §2219(a) - Written Order Requirement

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JURISDICTION: NEW YORK

This template applies to New York State courts (Supreme, Family, Appellate Division) governed by CPLR, DRL, FCA, and 22 NYCRR.

NOTICE OF NON-COMPLIANCE (Universal)

⚠️ Before Using This Template

USE this template when:

  • You need to address multiple roles or recipients with common procedural failures
  • Specific role template doesn't exist for your situation
  • Court actor violated clear statutory or rule-based duty
  • You need flexible template adaptable to various procedural deficiencies
  • Creating record for multiple related compliance issues

DO NOT use this if:

  • More specific template exists (judge, AFC, clerk, counsel - use those instead)
  • Duty is unclear or disputed
  • You haven't tried informal resolution
  • Complaint is about case outcome rather than procedural compliance
  • Issue requires substantive motion rather than notice

Appropriate Examples:

✅ USE Universal Template:

  1. Court reporter won't produce transcript: Reporter missed 90-day deadline (CPLR §8003); judge/AFC/clerk templates don't apply; need notice to court reporter directly
  2. Court-appointed evaluator violated procedure: Forensic psychologist in custody case disclosed confidential information violating 22 NYCRR Part 36; unique role not covered by other templates
  3. Multiple actors with related failures: Court clerk failed to docket orders AND court attorney refused to calendar motion; single comprehensive notice more efficient than two separate ones
  4. Interpreter failed to appear: Court interpreter no-showed at hearing violating Judiciary Law §390; caused adjournment; need formal notice for record
  5. Court attorney exceeded authority: Court attorney staff denied motion papers claiming "judge won't consider this" - exceeded ministerial role; not judicial act subject to judge template
  6. Special referee violated procedure: Referee appointed under CPLR §4311 failed to hold hearings as ordered; unique quasi-judicial role
  7. Guardian ad litem (not AFC): Adult incapacitated person's GAL failed statutory duties under MHL Article 81; different from AFC template

❌ DO NOT Use Universal Template:

  1. Judge decided motion orally without written order → Use notice_judge.md (specific template exists)
  2. Opposing counsel won't respond to discovery → Use notice_opposing_counsel.md (specific template)
  3. Clerk rejected your NYSCEF filing → Use ny_nyscef_violations.md (specialized template)
  4. Attorney for child hasn't met with child → Use notice_afc.md (role-specific template)
  5. You lost your motion and disagree with outcome → Use notice_of_appeal.md (this is appeal, not compliance issue)
  6. Duty is disputed ("Judge says oral ruling sufficient") → Use Article 78 after building record (universal notice won't resolve legal dispute)

1. Role and Authority

You act as {{Role}} in the above-captioned matter, bound by {{Applicable Statutes, Rules, and Ethical Provisions}}.

2. Identified Duty

The law requires you to {{specific statutory or rule-based duty}}. No compliant action or written explanation appears in the record filed with the court as of {{date}}.

3. Demand for Compliance

You are hereby demanded to:

  • Perform the required action within {{X}} business days of service of this notice, OR
  • Provide written authority for non-performance, including statutory basis and factual justification, within the same timeframe.

4. Record Preservation

This document serves as:

  • Formal notice of non-compliance for appellate and administrative review
  • Preservation notice under applicable record-keeping rules
  • Basis for further relief if statutory duties remain unperformed

5. Service and Filing

This notice is served via {{method of service}} and {{filed/uploaded}} to {{NYSCEF, CM/ECF, or other platform}} on {{date}}.

Role Modules

Use the appropriate module below based on the recipient's role.

Judge

Applicable Authority:

  • CPLR §2219(a): Orders must state grounds and papers considered
  • 22 NYCRR §202.48(b): Decisions on motions must be in writing or on the record
  • CPLR §5704(a): Right to review ex parte orders

Duties:

  • Issue written decisions with findings of fact and conclusions of law
  • State grounds for rulings and papers considered
  • Provide notice and opportunity to be heard before adverse rulings

Attorney for the Child (AFC)

Applicable Authority:

  • FCA §§241–249: Duties of law guardians and attorneys for children
  • 22 NYCRR §7.2(d): Standards for representation

Duties:

  • Zealous advocacy for client's expressed wishes
  • Investigation and independent assessment
  • Timely court appearances and communications

Assigned Counsel

Applicable Authority:

  • Rules of Professional Conduct 1.2: Scope of representation
  • RPC 1.3: Diligence
  • RPC 1.4: Communication with client

Duties:

  • Competent and diligent representation
  • Regular client communication
  • Adherence to client's objectives

Court Clerk

Applicable Authority:

  • CPLR §5017(b): Entry and filing of orders
  • 22 NYCRR §202.48: Motion procedures and record-keeping

Duties:

  • Accurate docketing and record maintenance
  • Timely processing of filings
  • Providing access to court records

Opposing Counsel

Applicable Authority:

  • RPC 3.3: Candor toward the tribunal
  • RPC 3.4: Fairness to opposing party and counsel
  • RPC 8.4: Misconduct

Duties:

  • Good faith in pleadings and discovery
  • Disclosure of controlling adverse authority
  • Timely responses to procedural requests

Service Certification

I certify that this Notice of Non-Compliance was served upon {{Recipient Name}} via {{method}} on {{date}}.

{{Your Signature}} {{Your Name}} {{Contact Information}}