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Form 1040 (Schedule B) for Queens New York: What You Should Know
Notice To Prosecute. Any person who is sued to enforce such right or to take such action as may be ordered as a result of such waiver shall give written notice to the plaintiff or the defendant that such waiver of the plaintiff's or the defendant's right is available and shall serve an affidavit indicating the time and place of the court hearing, the time and place of the court proceedings, and if the person is unable to appear at the time or place of the hearing, the reason for such inability. Any person who is sued to enforce such right or to take such action as may be ordered as a result of such waiver by the court having jurisdiction shall give reasonable notice to the plaintiff or the defendant at the time, or at another reasonable time, as may be ordered pursuant to rules of procedure and if the person who is sued is unable to serve an affidavit, the court may enter a judgment on the affidavit indicating the time and place of the court hearing, the time and place of the court proceedings, and if the person is unable to appear at the time or place of the court hearing, the reason for the inability of the court. (d) Exclusion of Prosecutions.
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