When appearing before an administrative agency, a party: -
ANSWER
May be represented by someone who is not an attorney (may be pro se).
If an agency's implementing statue is silent regarding whether an adjudicatory hearing is re-
quired before a licensing decision is made: -
ANSWER
Due process may require a hearing be held, if there is a property right at stake.
Before an agency adopts a new rule, a public hearing: -
ANSWER
May be required if there is a statute that specifically requires that a hearing be held.
A motion to quash a subpoena issued by an administrative law judge should be made, in the
first instance to: -
ANSWER
The administrative law judge that issued the subpoena.
An executive session may be conducted by a public body: -
ANSWER
Following a majority vote of the pubic body taken in a public session identifying the topics
to be discussed.
Which one is required for general partnership? -
1
,ANSWER
2 or more persons defined as an individual or legal entity.
What is the consequence of organizing a registered limited liability partnership (RLLP): -
ANSWER
Each member of the partnership is personally liable for any negligent or wrongful act com-
mitted by him or by a person under his direct supervision in rendering professional services
on behalf of the RLLP.
Which one of the following statements regarding business corporations is false? -
ANSWER
Offers appointed by shareholders to manage on a day to day basis.
In order to preserve their appraisal rights, shareholders who oppose an amendment to the
certificate of incorporation that limits their voting rights must: -
ANSWER
Give written objection to the corporation before the vote is taken.
An officer elected by the board of directors of a business corporation may be removed by
vote of the: -
ANSWER
Board of directors for cause or without cause.
A lawyer who is a member of a law firm organized as a professional service limited liability
company is personally liable for professional malpractice committed by: -
ANSWER
The lawyer herself and any persons in the firm under her direct supervision and control.
2
,In order for a director who is absent from a vote taken by a board of directors to dissent
from the action, the absent direction: -
ANSWER
Must cause his dissent to be filed with the meant minutes within a reasonable time after
learning of the action.
Is service of process by email permitted in a civil action commenced in NY State courts? -
ANSWER
Yes, but only where a court has issued order permitting service of process by email.
If a non-resident commences an action against a D who has a condo in NY county, but travels
to Columbia County to their farmhouse every weekend, the D's residence for the purpose of
venue would be: -
ANSWER
Either Columbia County or NY County.
Unless the court sets a specific date, the expiration of the time period for which a party may
file a motion for summary judgement is measured from the date: -
ANSWER
The note of issue was filed.
The proper venue in an action against a municipality is: -
ANSWER
The county in which the municipality is located.
A three-year statue of limitations applies to all the follow except:
OPTIONS:
A) Property damage
B) Legal malpractice
3
, C) Medical malpractice
D) Personal injury -
ANSWER
ANSWER
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of the
court: -
ANSWER
Time has not begun to run.
Verification of an answer to a complain is: -
ANSWER
Mandatory in the answer if it is verified in the complaint.
The statute of limitations for a negligence case of action against a municipality is: -
ANSWER
One year and 90 days.
A party who applies for a temporary restraining order: -
ANSWER
Must put the opposing party on notice of the application in all cases, pursuant to the rules
applicable to cases brought in Supreme Court.
In support of a motion for summary judgement, generally, an attorney's affirmation: -
ANSWER
Has no probative value with respect to facts asserted therein.
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