Eviction court is typically held twice each month. You may hire an attorney to file an eviction on your behalf or you may file an eviction yourself. In order to file an eviction in Town Court, you must first obtain the appropriate paperwork from NYCourts.gov.
After obtaining paperwork, please contact the Irondequoit Town Court for available Eviction Court dates. Make sure that you obtain the Eviction Guide which is intended to provide general information for landlords who must pursue an eviction procedure. Some problems/circumstances may require the consultation of a lawyer.
Service of Papers (Affidavit of Service): The papers must be served to the defendant NO FEWER than five (5) and NO MORE than twelve (12) days before the date to appear in Court. RAPL 733(1).
The notice of petition, petition to recover, and affidavit of service must be filed with the Court within three (3) days of personal service or mailing depending on which method of Service is used. RAPL 735(2).
If substituted service is used, the required papers must be filed at least five (5) days before the date to appear in Court. RAPL 735(2), 733(1). (When substituted service is used, the papers are not considered served until they are filed with the court).
Failure to follow these procedures properly requires the court to dismiss the proceeding for lack of jurisdiction (see Garrison v. Abrams, 57 Misc.2d 417, (1965).
On the day of your appearance, please bring the warrant of eviction and judgement paperwork to court with you so that the Judge can sign them for you if appropriate. Please make sure that all forms are filled out correctly. The Judge cannot fill out the paperwork for you.