Current through Register Vol. 46, No. 39, September 25, 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.
(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.
