N.Y. Comp. Codes R. & Regs. tit. 22 § 670.5

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

Section 670.5 - Motions and proceedings initiated in this court-generally

(a) Unless otherwise required by statute, rule or order of the court or any justice, every motion and every proceeding initiated by this court shall be made returnable at 9:30 a.m. on any Friday. Cross motions shall be made returnable on the same day as the original motion and shall be served and filed at least three days before the return date. Motions shall be on notice prescribed by CPLR 2214 and CPLR article 78 proceeding shall be on notice prescribed by CPLR 7804(c).

(b) All motions and proceedings initiated by notice of motion or notice of petition, shall be filed with the clerk at least one week before the return date. All papers in opposition shall be filed with the clerk before 4 p.m. of the business day preceding the return date. All papers in opposition to any motion or proceeding initiated in this court by an order to show cause shall be filed with the clerk on or before 9:30 a.m. of the return date, and shall be served by a method calculated to place the movant and other parties to the motion in receipt thereof on or before that time. The originals of all such papers shall be filed. On the return date the motion or proceeding will be deemed submitted to the court without oral argument. Counsel will not be required to attend and a note of issue need not be filed.

(c) Every notice, petition or order to show cause instituting a motion or proceeding must state, inter alia:

(1) the nature of the motion or proceeding;

(2) the specific relief sought;

(3) the return date; and

(4) the names, addresses and telephone numbers of the attorneys and counsel for all parties in support of and in opposition to the motion or proceeding.

(d) The papers in support of every motion or proceeding must contain a copy of:

(1) the order, judgment or determination sought to be reviewed and the decision, if any; and

(2) the notice of appeal or other paper which first invoked the jurisdiction of this court.

(e) Except as hereinafter provided, when an order to show cause presented for signature makes provision for a temporary stay or other interim relief pending determination of the motion, or when an application is presented pursuant to CPLR 5704, the party seeking such relief must give reasonable notice to his or her adversary of the day and time when, and the location where, the order to show cause or CPLR 5704 application will be presented and the relief being requested. If notice has been given, the order to show cause or the application pursuant to CPLR 5704 must be accompanied by an affidavit or affirmation stating the time, place, by whom given, the manner of such notification, and to the extent known, the position taken by the opposing party. If notice has not been given, the affidavit or affirmation shall state whether the applicant has made an attempt to give notice and the reasons for the lack of success. If the applicant is unwilling to give notice, the affidavit or affirmation shall state the reasons for such unwillingness. An order to show cause providing for a temporary stay or other interim relief or an application pursuant to CPLR 5704 must be personally presented for signature by the party' s attorney or by the party if such party is proceeding pro se.

(f) The clerk may reject papers or deem a motion or proceeding to be withdrawn or abandoned for the failure to comply with any of these rules.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 670.5