§ 461-h. Special proceeding for termination of adult home, residence\nfor adults and enriched housing program admission agreements. 1. (a) A\nspecial proceeding to terminate the admission agreement of a resident of\nan adult home, residence for adults or enriched housing program and\ndischarge the resident therefrom may be maintained in the county court,\nthe justice court of the village, the town justice court, the court of\ncivil jurisdiction in a city, or the district court which has\njurisdiction over proceedings brought pursuant to article seven of the\nreal property actions and proceedings law.\n (b) The place of trial of the special proceeding shall be within the\njurisdictional area of the court in which the adult home or residence\nfor adults is situated; except that where the facility is located in an\nincorporated village which includes parts of two or more towns, the\nproceeding may be tried by a town justice of any such town who keeps an\noffice in the village.\n 2. The proceeding may be brought by the operator of an adult home,\nresidence for adults or enriched housing program.\n 3. (a) The special proceeding prescribed by this section shall be\ncommenced by petition and a notice of petition. A notice of petition may\nbe issued only by an attorney, judge or the clerk of the court; it may\nnot be issued by a party prosecuting the proceeding in person.\n (b) The notice of petition shall specify the time and place of the\nhearing on the petition.\n 4. The notice of petition and petition shall be served at least five\nand not more than twelve days before the time at which the petition is\nnoticed to be heard.\n 5. (a) Service of the notice of petition and petition shall be made by\npersonally delivering them to the resident; and at the time of such\nservice, a copy of such notice of petition and petition shall be mailed\nto the resident's next of kin and to the person designated in the\nadmission agreement as the responsible party, if any, and the\ndepartment. If service by personal delivery of the notice of petition\nand petition upon a resident, who has been removed from the facility as\npermitted by subdivision three of section four hundred sixty-one-g of\nthis article, is not possible, then service upon such resident shall be\nmade by any of the methods permitted by section three hundred eight of\nthe civil practice law and rules.\n (b) The notice of petition and petition together with proof of service\nthereof on the resident and proof that copies thereof have been mailed\nto the resident's next of kin and to the person designated in the\nadmission agreement as the responsible party, if any, shall be filed\nwith the court or clerk thereof within three days after delivery to the\nresident.\n (c) Service shall be complete upon filing proof of service.\n 6. The petition shall be verified by the person authorized by\nsubdivision two of this section to maintain the proceeding; or by a\nlegal representative, attorney or agent of such person pursuant to\nsubdivision (d) of section thirty hundred twenty of the civil practice\nlaw and rules.\n Every petition shall:\n (a) state the interest of the petitioner in the premises from which\nremoval is sought;\n (b) state the resident's interest in the premises and his relationship\nto petitioner with regard thereto;\n (c) describe the premises from which removal is sought;\n (d) state the facts upon which the special proceeding is based; and\n (e) state the relief sought. The relief may include a judgment for\npayment of all charges, expenses and other assessments due.\n 7. The resident may answer in writing prior to the date the petition\nis to be heard or orally at the time the petition is heard. The resident\nmay interpose any defense that he may have in his answer.\n 8. If the relief sought by the operator includes a judgment for\npayment of all charges, expenses and other assessments due, then any\ncounterclaims which the resident may have against the ope
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