{"jurisdiction": "us-ny", "code": "cplr", "section": "1026", "citation": "CPLR § 1026", "heading": "Review of determinations by administrative officers of the unified court system", "text": ["§ 1026. Review of determinations by administrative officers of the unified court system. In any action or proceeding brought to review a determination of the chief judge of the court of appeals, of the court of appeals or of the administrative board of the courts, made pursuant to the provisions of article seven-A of the judiciary law or section twenty-eight of article six of the constitution, the only proper party to be named therein shall be the chief administrator of the courts, in his representative capacity. No action or proceeding so instituted shall name the chief judge, the court of appeals or any member thereof, or the administrative board or any member thereof as a party."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/1026", "from_official_api": true, "plain_english": "To review a determination of the **Chief Judge**, Court of Appeals, or Administrative Board of the Courts, the **only proper party** is the **Chief Administrator of the Courts** in a representative capacity — the Chief Judge, Court of Appeals, and the Board **may not** be named.\n\n---\n\n**★ Exam hits:**\n- **Necessary joinder (§ 1001):** parties needed for complete relief must be joined; five factors decide whether to proceed without an absent, non-subject party.\n- **Misjoinder is never a ground for dismissal** (§ 1003); **nonjoinder** of a necessary party **is** (without prejudice). Add parties **once without leave within 20 days** of the summons.\n- **Third-party practice (§ 1007):** file after the answer; **no separate index number but a separate index-number fee**; serve within **20 days**; **90-day** outer limit without a court order.\n- **Plaintiff amends against a third-party defendant without leave within 20 days** (§ 1009).\n- **Intervention as of right (§ 1012):** AG must be notified when a **state statute's constitutionality** is challenged (city/county/town/village for local laws); the challenge isn't heard without **proof of service** of that notice. A motion to intervene needs a **proposed pleading** (§ 1014).\n- **Substitution after final judgment:** if not made within **4 months**, the appeal may be dismissed (§ 1021); procedural-step deadlines extend **15 days after substitution** (§ 1022).\n- **Unknown parties = \"John Doe\"** (§ 1024); **partnerships** sue/are sued in the partnership name (§ 1025).\n\n\n---\n*Verbatim statute:* [[CPLR - Article 10]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/1026", "publisher": "Elyphived LLC"}