New York State Court Clerk Practice Exam

The court grants an order to show cause as an alternative to a petition according to CPLR 403. An order to show cause is a legal document that requests a court to hear a motion on short notice, allowing the party seeking relief to present their arguments without going through the longer process of a traditional petition. This type of order is particularly useful when immediate action is required, and it streamlines the process by prompting the opposing party to show cause as to why the requested relief should not be granted.

In contrast, the other options do not serve the same purpose. An order to appear typically requires a party to attend court but does not facilitate the prompt resolution of a motion. A summons is primarily a notification to a defendant about a lawsuit being filed against them and does not address the need for immediate judicial intervention. A subpoena is used to compel the production of documents or the attendance of a witness in court, which again does not serve as an alternative to a petition in the context of urgent motions.