N.Y. Comp. Codes R. & Regs. tit. 22 § 206.9

Current through Register Vol. 46, No. 51, December 18, 2024

Section 206.9 - Motion procedure

(a) All motions relating to assigned claims shall be returnable before the assigned judge and, unless otherwise directed by the assigned judge, shall be made returnable at 9:30 a.m. on any Wednesday designated by the judge's schedule for the calendaring of motions. Motions relating to applications for permission to file a late claim, and any other motions pertaining to an unassigned claim, shall be made returnable at 9:30 a.m. on any Wednesday at a special part of the court in the district in which the claim arose or is then pending.

(b) Unless initiated by order to show cause, the original and two copies of all motion papers with proof of service annexed shall be filed in the clerk's office at least eight days before the return date. The moving party shall also serve a copy of all affidavits and briefs upon all other parties at the time of service of the notice of motion. The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214(b) and file such copies in accordance with these rules.

(c) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motions shall be deemed submitted as of the return date. A party requesting oral argument shall set forth such request in either the notice of motion or on the first page of the answering papers. A party requesting oral argument on a motion initiated by order to show cause shall do so as soon as practicable before the motion is scheduled to be heard.

(d) Ex parte applications. Whenever any party shall make an ex parte application to the court for an order, it shall be the duty of the party making the application to present to the assigned judge the proposed original order and to serve the adverse party with a true conformed copy. The signed original order together with proof of service shall be filed in the clerk's office.

(e) Submission of orders. Proposed orders must be submitted for signature, unless otherwise directed, within 60 days of the filing of the decision directing that the order be settled or submitted. Failure to submit the order timely shall be deemed an abandonment of the motion, unless for good cause shown.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 206.9