New York Consolidated Laws, Real Property Actions and Proceedings Law - RPA § 733. Time of service;  order to show cause




1. Except as provided in section 732 , relating to a proceeding for nonpayment of rent, the notice of petition and petition shall be served at least five and not more than twelve days before the time at which the petition is noticed to be heard.

2. The court may grant an order to show cause to be served in lieu of a notice of petition.  If the special proceeding is based upon the ground specified in subdivision 1 of section 711 , and the order to show cause is sought on the day of the expiration of the lease or the next day thereafter, it may be served at a time specified therein which shall be at least two hours before the hour at which the petition is to be heard.





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