New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.2 - Motions generally; special proceedings; calendars; submission

Current through Register Vol. 46, No. 28, July 10,
						  2024
(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.