When is a public hearing required?
a) Always
b) Never
c) When a statute specifically requires it.
d) When a statute exempts it. -
ANSWER
c) When a statute specifically requires it.
The minimum due process requirements of the State Administrative Procedures Act, Article
3, include all of the following except:
a) A hearing before an impartial decision maker.
b) Notice and an opportunity to be heard.
c) A determination that is based upon and limited to the record.
d) An appeal at the agency level. -
ANSWER
d) An appeal at the agency level.
An executive session may be conducted by a public body:
a) Following a majority vote of the public body taken in a public session identifying the top-
ics to be discussed.
b)Following a majority vote of the public body taken in a public session, but the topics to be
discussed need not be identified.
c) Upon a call for an executive session by the presiding officer of the public body identifying
the topics to be discussed.
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,d) Upon a call for an executive session by the presiding officer of the public body, but the
topics to be discussed need not be identified. -
ANSWER
a) Following a majority vote of the public body taken in a public session identifying the top-
ics to be discussed.
At the time of its incorporation how many members must an a LLC have? -
ANSWER
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A vote of the shareholders is required to:
a) Amend the certificate of incorporation but not to approve a merger.
b) Approve a merger but not to amend the certificate of incorporation.
c) Both amend the certificate of incorporation and approve a merger.
d) A vote of the shareholders is NOT required to amend the certificate of incorporation or to
approve a merger. -
ANSWER
c) Both amend the certificate of incorporation and approve a merger.
Commencement of an action by electronic filing:
a) Is permitted in every action brought in the State of New York.
b) Is required only in those types of cases as determined by the rules of the county in which
the action is commenced.
c) Is required for every action brought in the State of New York.
d) Is not permitted for any action in the State of New York. -
ANSWER
b) Is required only in those types of cases as determined by the rules of the county in which
the action is commenced.
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,The proper venue in an action against a municipality is:
a) Any county in New York State.
b) Always Albany County, regardless of where the municipality is located. c) Always New York
County, regardless of where the municipality is located.
d) The county in which the municipality is located. -
ANSWER
d) The county in which the municipality is located.
A party who applies for a temporary restraining order:
a) Must put the opposing party on notice of the application in all cases, pursuant to the rules
applicable to cases brought in supreme court.
b) Must put the opposing party on notice only if directed to do so by the court.
c) Must put the opposing party on notice of the application only if the matter is assigned to
the Commercial Division of the Supreme Court.
d) Is never required to put the opposing party on notice of the application, in order to avoid
any irreparable injury pending a hearing on the motion. -
ANSWER
a) Must put the opposing party on notice of the application in all cases, pursuant to the
rules applicable to cases brought in supreme court.
All of the following are ways of appearing in an action, except:
a) Serving an answer.
b) Serving a notice of appearance.
c) Making a motion to dismiss.
d) Agreeing to accept service of the complaint by mail. -
ANSWER
d) Agreeing to accept service of the complaint by mail.
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, Unless the court sets a specific date, the expiration of the time period for which a party may
file a motion for summary judgment is measured from the date:
a)The action was commenced.
b)The defendant served an answer to the complaint.
c) The note of issue was filed.
d)The request for judicial intervention was served -
ANSWER
c) The note of issue was filed.
May an attorney serve a trial subpoena for the production of documents for the trial of a
civil action?
a) Yes, and the responsive documents must be delivered in all cases to the court.
b) Yes, and the attorney may direct that the responsive documents are served directly on the
attorney, as long as they give notice to the opposing party.
c) No, because a trial subpoena may only be issued by the court.
d) No, because documents may not be subpoenaed after discovery is complete. -
ANSWER
b) Yes, and the attorney may direct that the responsive documents are served directly on
the attorney, as long as they give notice to the opposing party.
If a party serves an order that is signed by the judge but has not been entered by the clerk,
the time to file an appeal from that order:
a) Has not begun to run.
b) Will run from the date the order was entered.
c) Will run from the date the order was served.
d) Will begin to run once the adverse party receives the order. -
ANSWER
a) Has not begun to run.
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