New York Civil Practice
Law & Rules
NYCPLR Article 22
STAY, MOTIONS, ORDERS AND MANDATES
2201. Stay.
2211. Application for order; when motion made.
2212. Where motion made, in supreme court action.
(a) Motions on notice.
(b) Ex parte motions.
(c) Motions before a county court or judge.
(d) Rules of the chief administrator of the courts.
2213. Where motion made, in county court action.
(a) Ex parte motions.
(b) Motions that may be made before the supreme court or
a justice thereof.
2214. Motion papers; service; time.
(a) Notice of motion.
(b) Time for service of notice and affidavits.
(c) Furnishing papers to the court.
(d) Order to show cause.
2215. Relief demanded by other than moving party.
2217. Prior motion; ex parte motion; transfer of motion.
(a) Prior motion.
(b) Affidavit on ex parte motion.
(c) Transfer of motion.
(d) Rules of the chief administrator of the courts.
2218. Trial of issue raised on motion.
2219. Time and form of order.
(a) Time and form of order determining motion,
generally.
(b) Signature on appellate court order.
2220. Entry and filing of order; service.
(a) Entry and filing.
(b) Service.
2221. Motion affecting prior order.
(b) Rules of the chief administrator of the courts.
2222. Docketing order as judgment.
2223. Duties of officer receiving mandate.
S 2201. Stay. Except where otherwise prescribed by law, the court in
which an action is pending may grant a stay of proceedings in a proper
case, upon such terms as may be just.
S 2211. Application for order; when motion made. A motion is an
application for an order. A motion on notice is made when a notice of
the motion or an order to show cause is served.
S 2212. Where motion made, in supreme court action. (a) Motions on
notice. A motion on notice in an action in the supreme court shall be
noticed to be heard in the judicial district where the action is triable
or in a county adjoining the county where the action is triable. Unless
statute, civil practice rule or local court rule provides otherwise, the
motion shall be noticed to be heard before a motion term or, upon order
to show cause granted by a justice, before that justice out of court.
(b) Ex parte motions. A motion in an action in the supreme court that
may be made without notice may be made at a motion term or to a justice
out of court in any county in the state.
(c) Motions before a county court or judge. The chief administrator of
the courts may by rule provide for the hearing of motions on notice or
ex parte motions in an action or proceeding in the supreme court by a
term of the county court or a county judge in the county in which venue
is laid during periods in which no supreme court trial or special term
is in session in the county.
(d) Rules of the chief administrator of the courts. The chief
administrator may by rule exclude motions within a department, district
or county from the operation of subdivisions (a),(b) and (c) of this
section, provided, however, that the practice in counties within the
city of New York shall be uniform.
S 2213. Where motion made, in county court action. (a) Ex parte
motions. A motion in an action in a county court that may be made
without notice may be made before a motion term of the county court or
before the county judge out of court in any county in the state.
(b) Motions that may be made before the supreme court or a justice
thereof. When no motion term is being held and there is no county judge
available within the county, any motion in an action in a county court,
whether or not on notice, may be made or noticed to be heard before a
motion term of the supreme court or, upon order to show cause granted by
a justice of the supreme court, before such justice out of court, in the
judicial district where the action is triable or in a county adjoining
the county where the action is triable, except a motion under article
forty-four or a motion for an order that would dispose of the action, in
whole or in part, in any manner other than by settlement under section
1207.
(c) The chief administrator of the courts may by rule exclude motions
from the operation of this section within a department, district or
county.
Rule 2214. Motion papers; service; time. (a) Notice of motion. A
notice of motion shall specify the time and place of the hearing on the
motion, the supporting papers upon which the motion is based, the relief
demanded and the grounds therefor. Relief in the alternative or of
several different types may be demanded.
(b) Time for service of notice and affidavits. A notice of motion and
supporting affidavits shall be served at least eight days before the
time at which the motion is noticed to be heard. Answering affidavits
shall be served at least two days before such time. Answering affidavits
shall be served at least seven days before such time if a notice of
motion served at least twelve days before such time so demands;
whereupon any reply affidavits shall be served at least one day before
such time.
(c) Furnishing papers to the court. Each party shall furnish to the
court all papers served by him. The moving party shall furnish at the
hearing all other papers not already in the possession of the court
necessary to the consideration of the questions involved. Where such
papers are in the possession of an adverse party, they shall be produced
by him at the hearing on notice served with the motion papers. Only
papers served in accordance with the provisions of this rule shall be
read in support of, or in opposition to, the motion, unless the court
for good cause shall otherwise direct.
(d) Order to show cause. The court in a proper case may grant an order
to show cause, to be served in lieu of a notice of motion, at a time and
in a manner specified therein. An order to show cause against a state
body or officers must be served in addition to service upon the
defendant or respondent state body or officers upon the attorney general
by delivery to an assistant attorney general at an office of the
attorney general in the county in which venue of the action is
designated or if there is no office of the attorney general in such
county, at the office of the attorney general nearest such county.
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Rule 2215. Relief demanded by other than moving party. At least three
days prior to the time at which the motion is noticed to be heard, a
party may serve upon the moving party a notice of cross-motion demanding
relief, with or without supporting papers. Relief in the alternative or
of several different types may be demanded; relief need not be
responsive to that demanded by the moving party.
Rule 2217. Prior motion; ex parte motion; transfer of motion.
(a) Prior motion. Any motion may be referred to a judge who decided a
prior motion in the action.
(b) Affidavit on ex parte motion. An ex parte motion shall be
accompanied by an affidavit stating the result of any prior motion for
similar relief and specifying the new facts, if any, that were not
previously shown.
(c) Transfer of motion. If a motion is made to a judge who is or will
be for any reason unable to hear it, it may be transferred by order of
such judge or by written stipulation of the parties to any other judge
to whom it might originally have been made.
(d) Rules of the chief administrator of the courts. The chief
administrator may by rule exclude motions within a department, district
or county from the operation of subdivisions (a) and (c) of this rule.
S 2218. Trial of issue raised on motion. The court may order that an
issue of fact raised on a motion shall be separately tried by the court
or a referee. If the issue is triable of right by jury, the court shall
give the parties an opportunity to demand a jury trial of such issue.
Failure to make such demand within the time limited by the court, or, if
no such time is limited, before trial begins, shall be deemed a waiver
of the right to trial by jury. An order under this rule shall specify
the issue to be tried.
Rule 2219. Time and form of order. (a) Time and form of order
determining motion, generally. An order determining a motion relating to
a provisional remedy shall be made within twenty days, and an order
determining any other motion shall be made within sixty days, after the
motion is submitted for decision. The order shall be in writing and
shall be the same in form whether made by a court or a judge out of
court. An order determining a motion made upon supporting papers shall
be signed with the judge`s signature or initials by the judge who made
it, state the court of which he or she is a judge and the place and date
of the signature, recite the papers used on the motion, and give the
determination or direction in such detail as the judge deems proper.
Except in a town or village court or where otherwise provided by law,
upon the request of any party, an order or ruling made by a judge,
whether upon written or oral application or sua sponte, shall be reduced
to writing or otherwise recorded.
(b) Signature on appellate court order. An order of an appellate court
shall be signed by a judge thereof except that, upon written
authorization by the presiding judge, it may be signed by the clerk of
the court or, in his absence or disability, by a deputy clerk.
Rule 2220. Entry and filing of order; service. (a) Entry and filing.
An order determining a motion shall be entered and filed in the office
of the clerk of the court where the action is triable, and all papers
used on the motion and any opinion or memorandum in writing shall be
filed with that clerk unless the order dispenses with such filing. When
a statute or civil practice rule requires such filing and entry in a
county other than that in which the order was made, the party prevailing
on the motion shall file the order and the papers used on the motion
with the proper clerk after receiving them. If a party fails to file any
papers required to be filed under this subdivision, the order may be
vacated as irregular, with costs.
(b) Service. Service of an order shall be made by serving a copy of
the order.
Rule 2221. Motion affecting prior order. (a) A motion for leave to
renew or to reargue a prior motion, for leave to appeal from, or to
stay, vacate or modify, an order shall be made, on notice, to the judge
who signed the order, unless he or she is for any reason unable to hear
it, except that:
1. if the order was made upon a default such motion may be made, on
notice, to any judge of the court; and
2. if the order was made without notice such motion may be made,
without notice, to the judge who signed it, or, on notice, to any other
judge of the court.
(b) Rules of the chief administrator of the courts. The chief
administrator may by rule exclude motions within a department, district
or county from the operation of subdivision (a) of this rule.
(c) A motion made to other than a proper judge under this rule shall
be transferred to the proper judge.
(d) A motion for leave to reargue:
1. shall be identified specifically as such;
2. shall be based upon matters of fact or law allegedly overlooked or
misapprehended by the court in determining the prior motion, but shall
not include any matters of fact not offered on the prior motion; and
3. shall be made within thirty days after service of a copy of the
order determining the prior motion and written notice of its entry. This
rule shall not apply to motions to reargue a decision made by the
appellate division or the court of appeals.
(e) A motion for leave to renew:
1. shall be identified specifically as such;
2. shall be based upon new facts not offered on the prior motion that
would change the prior determination or shall demonstrate that there has
been a change in the law that would change the prior determination; and
3. shall contain reasonable justification for the failure to present
such facts on the prior motion.
(f) A combined motion for leave to reargue and leave to renew shall
identify separately and support separately each item of relief sought.
The court, in determining a combined motion for leave to reargue and
leave to renew, shall decide each part of the motion as if it were
separately made. If a motion for leave to reargue or leave to renew is
granted, the court may adhere to the determination on the original
motion or may alter that determination.
Rule 2222. Docketing order as judgment. At the request of any party
the clerk shall docket as a judgment an order directing the payment of
money, including motion costs, or affecting the title to, or the
possession, use or enjoyment of, real property, provided, however, that
where the clerk maintains a section and block index, an order affecting
the title to, or the possession, use or enjoyment of, real property may
be entered in such index in lieu thereof.
Rule 2223. Duties of officer receiving mandate. An officer to whom a
mandate is delivered to be executed shall:
1. execute the mandate according to its command;
2. give without compensation to the person delivering the mandate, if
requested, a written receipt describing the mandate and specifying the
day and hour of receiving it;
3. deliver without compensation to the person served, if requested, a
copy of the mandate; and
4. return the mandate together with his return thereon, by delivering
or mailing it to the clerk`s office.