When is a public hearing required?
a) Always
c) When a statute specifically requires it.
b) Never
c) When a statute specifically requires it.
d) When a statute exempts 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. d) An appeal at the agency level.
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.
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 topics to be discussed.
b) Following a majority vote of the public
body taken in a public session, but the
a) Following a majority vote of the public
topics to be discussed need not be iden-
body taken in a public session identifying
tified.
the topics to be discussed.
c) Upon a call for an executive session
by the presiding officer of the public body
identifying the topics to be discussed.
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.
At the time of its incorporation how many
1
members must an a LLC have?
A vote of the shareholders is required to:
a) Amend the certificate of incorporation
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but not to approve a merger.
b) Approve a merger but not to amend
the certificate of incorporation.
c) Both amend the certificate of incorpo- c) Both amend the certificate of incorpo-
ration and approve a merger. ration and approve a merger.
d) A vote of the shareholders is NOT
required to amend the certificate of in-
corporation or to approve a merger.
Commencement of an action by elec-
tronic filing:
a) Is permitted in every action brought in
the State of New York.
b) Is required only in those types of
b) Is required only in those types of cases
cases as determined by the rules of
as determined by the rules of the county
the county in which the action is com-
in which the action is commenced.
menced.
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.
The proper venue in an action against a
municipality is:
a) Any county in New York State.
b) Always Albany County, regardless of
d) The county in which the municipality is
where the municipality is located. c) Al-
located.
ways New York County, regardless of
where the municipality is located.
d) The county in which the municipality is
located.
All of the following are ways of appearing
in an action, except:
a) Serving an answer.
b) Serving a notice of appearance. d) Agreeing to accept service of the com-
c) Making a motion to dismiss. plaint by mail.
d) Agreeing to accept service of the com-
plaint by mail.
A party who applies for a temporary re-
straining order:
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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. a) Must put the opposing party on notice
c) Must put the opposing party on notice of the application in all cases, pursuant
of the application only if the matter is to the rules applicable to cases brought
assigned to the Commercial Division of in supreme court.
the Supreme Court.
d) Is never required to put the oppos-
ing party on notice of the application,
in order to avoid any irreparable injury
pending a hearing on the motion.
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.
c) The note of issue was filed.
b) The defendant served an answer to the
complaint.
c) The note of issue was filed.
d) The request for judicial intervention
was served
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
b) Yes, and the attorney may direct that the responsive documents are served di-
the responsive documents are served di- rectly on the attorney, as long as they
rectly on the attorney, as long as they give notice to the opposing party.
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.