N.Y. Comp. Codes R. & Regs. tit. 22 § 600.2

Current through Register Vol. 46, No. 19, May 8, 2024

Section 600.2 - Motions generally; special proceedings; calendars; submission

(a) Motions generally.

(1) Any application, brought on by notice of motion, may be made returnable on any regular business day of the court during the period September 1st through June 30th and on Mondays during July and August, at 10 o'clock in the forenoon unless otherwise ordered by a justice of the court.

(2) Cross-motions shall be made returnable the same day as the original motion and shall be served not less than three days before the return date.

(3) The moving papers shall state the nature of the application or relief sought; the return day; and the names, addresses and telephone numbers of the attorneys for all parties in support, and who are entitled to notice, of the application. Applications made before the appeal is heard must contain a copy of the notice of appeal or other paper which first invoked the jurisdiction of the court, and the order, judgment or determination sought to be reviewed. Applications made for modification, resettlement, etc. of an order of this court shall contain a copy of the order and opinion, if any.

(4) By noon of the business day preceding the day on which a motion is returnable the moving party must file with the clerk the original moving papers with proof of service thereof within the time:

(i) prescribed by CPLR 2214(b) and 5516; or

(ii) directed by a justice of the court.

(5) Answering and replying papers, if any, must be served within the time:

(i) prescribed by CPLR 2214(b); or

(ii) directed by a justice of the court;

and the originals thereof with proof of service must be filed by 4 o'clock in the afternoon of the business day preceding the day on which the application is returnable, unless for good cause shown they are permitted to be filed at a later time.

(6) All papers may be filed either by personal delivery or by ordinary mail. If filed by mail, they shall be considered filed only upon receipt; and the envelope must be marked "Motion Papers." If an acknowledgment of receipt of the papers is desired, there must be enclosed with the papers being filed by mail a self-addressed postage-prepaid postal card bearing the title of the cause, the nature of the motion, the date on which it is returnable and a statement of the papers filed. Such postal card, when stamped and returned by mail, shall serve as a receipt for the papers listed thereon.

(7) When an application is presented for an interim stay or other relief pending determination of a motion, the party seeking such relief must inform the clerk at the time of submission whether the opposing party has been notified of the application and whether such party opposes or consents to the granting of the relief sought. Time and manner of service of motion papers shall be directed by a justice. The relief granted to the moving party will be by brief order appended to the notice of motion. The justice's signature will apply to the stay or provisional remedy only; there will be no direction to a party "to show cause" why an order should not be entered.

(8) All parties filing papers pertaining to a motion or special proceeding shall include there with a stamped self-addressed envelope.

(b) Special proceedings. Unless a justice of the court otherwise directs, all special proceedings originating in the court, except those commenced pursuant to CPLR 506(b)(4), shall be noticed for 10 o'clock in the forenoon of any regular business day of the court during the period August 1st through June 20th. The parties shall submit to the clerk seven conformed copies in addition to the original notice of petition and pleadings. Proof of service shall be filed by 4 o'clock in the afternoon of the business day preceding the day on which the petition is noticed to be heard.

(c) No calendars. No calendar of motions and special proceedings shall be published or called.

(d) Submission of motions and special proceedings.

(1) All motions and special proceedings, except those commenced pursuant to CPLR 506(b)(4), unless adjourned or withdrawn, shall be deemed submitted on the return date thereof. Attendance of attorneys shall not be required and oral argument will not be heard.

(2) Applications brought on by notice of motion or order may be adjourned once by consent of the parties. Except in extraordinary circumstances, in the absence of such consent or approval of the court, the application will be deemed submitted on the adjourned return date. Notices or stipulations of adjournment shall be submitted in writing.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 600.2