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Calendar Departments Code Book Forms Town Government Home > Departments > Justice Court

Justice Court




Contact and Directions

If you would like to contact the Justice Court you can reach us at:

Our phone number is: (845) 888-3038

We are located at 2948 Route 209, Wurtsboro, NY 12790

 

UPCOMING DATES

8/13/15

Judge Dolan :  Vehicle & Traffic  8:30 am  & 6 pm

10:00 am Criminal

1:00 Bench trial

3:00 Restitution hearing

 

8/27/15

Judge Dolan : Vehicle &Traffic 8:30 am

10:00 Criminal

6:00 pm Small claims and evictions

 

Different dates and times may be noticed by letter of the court


***************



Hon. Cynthia Dolan         Hon. Joel Welsh

If you are traveling West on Route 17, take Exit 113. Make a right at the end of the exit onto Route 209. Travel approximately 1/4 mile. On the right, you will see a sign for State Police. Pull into that driveway. We are the brown building on the right. The Court is located in the back of the brown building.

If you are traveling East on Route 17, take Exit 113. Make a left at the end of the exit onto Route 209, over the bridge. Travel approximately 1/4 mile. On right, you will see a sign for State Police. Pull into that driveway. We are the brown building on the right. The Court is located in the back of the brown building.

 


Rules of Court & Resources

The rules of court, resources and documents contained herein are to be used solely for individuals appearing before Judge Dolan. They are provided for information only and are not offered to give legal advice and/or to constitute legal authority on any point of law, prosecution or defense.

 


Vehicle & Traffic Cases

This section does NOT apply to Misdemeanor Vehicle and Traffic Violations including, but not limited to DWI, DWAI, Reckless Driving, Aggravated Unlicensed Operator, and portions of the New York State Transportation Law, etc. (VTL Sections 1192, 1212, 511, 512, and others)

When issued a Vehicle and Traffic ticket (Simplified Traffic Information), you must enter a plea of guilty or not guilty, sign and return the ticket to the court. The instructions for entering a plea of guilty or not guilty are located on the front of the ticket. The court clerk must receive your plea prior to the court date set forth on the ticket.

The clerk of the court will send you a letter with the date and time of your court appearance after you have submitted a plea of not guilty. You do not have to appear on the date and time shown on the ticket. If you plead guilty, the court will send you a letter notifying you of the fine and applicable New York State surcharge. The failure to remit payment on or before the due date set forth in the correspondence may result in your driver’s license being suspended.

The first court appearance is a pretrial conference. You may choose to proceed to trial or speak to the Town Prosecutor. You have the right to retain an attorney to represent you at the conference and at all proceedings.


If offered by the prosecutor, you may enter a plea of guilty to a reduced charge. Fines will be assessed at that time as well as New York State monetary surcharges.

The court will schedule a trial date if your case is not resolved.

**Your driver’s license may be suspended if you fail to appear on your scheduled court date. Please call the court and/or send a written request for an adjournment by mail or facsimile at (845) 888-2805 at least five (5) days before your court date. Absent good cause shown, only one adjournment will be granted.



Small Claims Cases

Please find a link to a pdf of the Small Claims Guide below for commencing and defending an action in justice courts located outside of the City of New York, Nassau and Suffolk Counties. The booklet may be downloaded from the New York State Town and Village Courts website at http://www.nycourts.gov/courts/townandvillage. Paper copies of the booklet are available at the Court Clerk’s office located in the Justice Court at Town Hall.

Small Claims Handbook & FAQ.pdf

The monetary limit of liability in the Town of Mamakating Justice Court is $3,000.00 The mandatory filing fees are as follows: $10.00 for claims in the amount of $1,000.00 and less and $15.00 for claims greater than $1,000.00 Forms for filing may be picked up at the Court Clerk’s Office.

In order to file a small claims action against a person or a corporation, the defendant you are suing must be a person or corporation residing or having a place of business within the Town of Mamakating.

A trial date will be scheduled upon receipt of all papers. You and your adversary will be notified by mail of the court date. Your case may be referred to a mediator at that time of trial for attempted resolution. This court is a strong advocate of alternative dispute resolution and the court mediation program.

 


 

Payment of Fines & Surcharges

PAYMENT OF FINES/FEES: Fines and New York State surcharges may be paid in person at the Court Clerk’s Office located at Town Hall, Monday through Friday, 9:00 a.m. to 4:00 p.m. or by mail.

Personal checks are not accepted.

Money orders are to be made payable to the Town of Mamakating Court. Credit cards payments,  MasterCard and Visa, are accepted in person only except for the last week of every month. Credit card payments are subject to a convenience fee of 2.45%.

 



Rules of Court

Adjournments

Applications for adjournments on all matters must be received in writing by mail or facsimile (845) 888-2805 at least five (5) days before the scheduled court appearance. The requesting party must note in the correspondence that he/she sought the consent of his/her adversary and whether or not consent was granted. It can be assumed that all adjournments on consent are granted unless the court advises the parties otherwise.

Motions

Motions in all proceedings are returnable with a proper Notice of Motion on the Second and/or Fourth Thursday of every month at 8:30 a.m. for Vehicle and Traffic matters, 10:00 a.m. for criminal cases and 6:00 p.m. for small claims, evictions and holdover proceedings. A motion schedule may be set by the court. Please refer to the Town of Mamakating calendar for court dates.

Hearings

Requests for hearings may be made orally or in writing and the court will schedule a timely date convenient for all parties. Transcript request forms will be provided at the hearing if no stenographer is present.

Trials

Trial dates will be set by the court and the parties will be notified in writing of the date and time of trial. The parties must submit a witness list and an exhibit list five (5) days before the trial date. Exhibits must be pre-marked. All documents the parties can agree upon to be entered into evidence shall be identified on the exhibit list, marked and submitted to the court prior to the trial date.

 
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