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This entry was published on 2014-09-22
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Action on submitted facts
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 32
Rule 3222. Action on submitted facts. (a) Commencement. An action,
except a matrimonial action, may be commenced by filing with the clerk a
submission of the controversy, acknowledged by all parties in the form
required to entitle a deed to be recorded. The submission shall consist
of a case, containing a statement of the facts upon which the
controversy depends, and a statement that the controversy is real and
that the submission is made in good faith for the purpose of determining
the rights of the parties. If made to the supreme court, the submission
shall specify the particular county clerk with whom the papers are to be

(b) Subsequent proceedings. Subsequent proceedings shall be had
according to the civil practice law and rules except that:

1. an order of attachment or a preliminary injunction shall not be

2. the controversy shall be determined on the case alone;

3. if the submission is made to the supreme court, it shall be heard
and determined either by the court, or by the appellate division, or,
with his consent, by a specified judge or referee, as the parties may

4. on such a submission the court, judge or referee may find facts by
inference from the facts stipulated; and

5. if the statement of facts in the case is not sufficient to enable
the court to enter judgment the submission shall be dismissed or the
court shall allow the filing of an additional statement.