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N.Y. CPLR § 7008

N.Y. CPLR § 7008 - Return

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 7008, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7008 Return § 7008. Return. (a) When filed and served. The return shall consist ofan affidavit to be served in the same manner as an answer in a specialproceeding and filed at the time and place specified in the writ, or,where the writ is returnable forthwith, within twenty-four hours afterits service.(b) Content. The affidavit shall fully and explicitly state whetherthe person detained is or has been in the custody of the person to whomthe writ is directed, the authority and cause of the detention, whethercustody has been transferred to another, and the facts of and authorityfor any such transfer. A copy of any mandate by virtue of which theperson is detained shall be annexed to the affidavit, and the originalmandate shall be produced at the hearing; where the mandate has beendelivered to the person to whom the person detained was transferred, ora copy of it cannot be obtained, the reason for failure to produce itand the substance of the mandate shall be stated in the affidavit.