new york county supreme court motion support
<>stream << /Length 1 >> The See Subd. endobj Uniform Rule 202.70 (b) (4), (5), (11), (12). endstream The court will not provide notice of the developments by mail and so counsel are strongly encouraged to make use of e-Track. x+ | endobj (Gruenfeld v. City of New Rochelle, 72 A.D.3d 1025, 1026 [2nd Dept. This issue occurred at nearly 60% of voting locations in the County. Second Circuit Court has ruled against New York state and will now allow the Senaca Nation's case against the state to go to court. x+ | pellate Division from a decision and order of this court dated November 3, 2017, which determined an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered March 15, 2016. If the decision of the court directs that a proposed order be settled or submitted in the Part or in Chambers, that direction, should, of course, be followed without presentation of the proposal to the back office. Counsel should not contact Chambers for information about decisions and orders. Thus, for example, an application commencing an Article 78 or other special proceeding or a motion pursuant to CPLR 3213 would not require a motion fee because this application or motion requires an index number fee. If argument notification is not given or transmitted as just described, counsel should understand that the motion has been taken on submission for decision on the papers. 4V04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ :h See Uniform Rule 202.70(d)and(e). endobj (There are a few exceptions. << The Gateway Pundit reported last month that Lakes lawsuit to overturn the rigged and stolen 2022 Gubernatorial Election in Maricopa County was dismissedin the Arizona Court of Appeals. The party filing the paper must retain the original paper for 60 days in case any issue should later be raised about the PDF copy submitted. Supreme Court of the State of New York Westchester County Courthouse 111 Dr. Martin Luther King, Jr. Boulevard White Plains, New York 10601 Courtroom 103 - 1st Floor Tel: (914) 824-5415 Fax: (914) 824-5885 Staff Judith M. Shampanier, Principal Court Attorney (914) 824-5416 Joseph S. Hadala, Assistant Court Attorney and Secretary (914) 824-5415 4 0 obj {N8X$r_hEP7>@*~BC#j-No-W}~ |+( ), A motion for summary judgment shall be supported by affidavit, by a copy of the pleadings and by other available proof, such as depositions and written admissions. (Civ. All motions/proceedings brought on by notice of motion or notice of petition, in both assigned and unassigned cases, shall be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day at 9:30 A.M. 2013-04-25T19:00:18Z 7 0 obj It can only be made after a lawsuit has been started. 5 Uniform Rule 202.70 (e) and (f) (2). A motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. Uniform Rule 202.70 (d). /Subtype /Type1 Your recipients will receive an email with this envelope shortly and The County Clerk also places a "Filed and Fee Paid" stamp on the front of the first page. Counsel may also learn the results of the "call" by consulting the Law Journal. Sometimes a decision will state "Submit Order." When papers have been submitted to the General Clerk's Office in the manner described above for the purpose of calendaring a motion/petition, the staff will review the papers for form (e.g., to be sure that proof of service has been filed in a hard-copy case, that the motion/petition has been made returnable in the Motion Submission Part Courtroom (Room 130) on a business day at 9:30 AM). endobj xS*r Some Justices require that working copies of e-filed motion papers be submitted. endobj <> The Courtroom also maintains a "APB (All Papers By)" Calendar, which is used when a party seeks an adjournment but fails to comply with the Courtroom's procedures or there is a failure to comply with procedures that requires the clerk to adjourn the motion/application (e.g., failure to submit a Confirmation Notice or required working copies in an e-filed case). endstream 8 0 obj Although the court strongly favors the use of short form orders and judgments, there are instances when settlement of an order or judgment is appropriate. 2. 60 Centre Street 10 Local Rule 6.1(d) - No ex parte order, or order to show cause to bring on a motion, will be granted except upon a clear and specific showing by affidavit of good and sufficient reasons why a procedure other than by notice of motion is nece ssary, and stating whether a previous application for similar relief has been made. 5 0 obj <>stream We have notified your account executive who will contact you shortly. However,Liddys accusations of political malpractice and telling voters to wait to the last second are inaccurate, as demonstrated by a video clip of Kari Lake telling voters to vote however they feel comfortable nine days after the start of early voting. endstream Proudly powered by WordPress endobj The fee must be paid on written cross-motions filed in opposition to motions on which a fee is required and also in opposition to applications or petitions for which a motion fee is not required. endstream endstream Hard Copy Cases: In hard copy cases, an attorney seeking to calendar a motion/petition on notice shall present to the General Clerk's Office (Room 119) only the original notice of motion/petition, proof of service thereof, and any annexed Rule 202.7 affirmation/affidavit. ^hw/xYZs V3X4nV5ziNh]2^^L:@VO%+!.DxuLG] Fjj>qdN JD~N(Pr(T.Y_eYv?mB;4"0byr}.1i)Cqy:?o {I8X$r_hEPw>@*kG~ [ However, counsel should understand that requests for adjournment by stipulation or on consent recorded in an affidavit/affirmation of counsel will be granted if the request complies with the procedures of the Courtroom, including that with such adjournment there be no more than three adjournments for a total of no more than 60 days. endstream 11 0 obj When the fee is paid, the County Clerk will place on the back of the first page of the notice of motion proof of payment in the form of a cashiers receipt stamp. endobj endstream Motions will be submitted, not marked off, in the absence of the movant. A motion that is the initial application in a case commenced by the filing of a summons and complaint would require a motion fee since the filing of the summons and complaint rather than the application itself would require the purchase of an index number. endobj x+ | <> /Type /Font Advance Publication of Room 130 Calendars: Two days prior to the return date, the New York Law Journal will publish, in alphabetical order, the calendars of all motions returnable in the Courtroom on that date. If you wish to keep the information in your envelope between pages, 1 0 obj 80 & 111 Centre Street New York, NY 10013 646-386-3685 (80 Centre) 71 Thomas Street New York, NY 10013 646-386-3770. check with New York address) made payable to the New York County Clerk (personal checks are not accepted unless certified), provided that the package arrives within the time set forth in the next paragraph. E-filing is consensual in uncontested matrimonial cases and Article 78 proceedings. If the threshold is met or if an exception applies, the clerk will assign the case at random to a Commercial Division Justice, who will review the case to ensure that it is one that properly belongs in the Division as provided by Rule 202.70 (b) and (c). Get Cool Gear & Fund STN endstream Courthouse Hours. endstream <>stream <>stream endstream Neutralizing the Spike Protein: Shikimic Acid*. endobj 2 0 obj <>stream 10 0 obj New York County Courthouse 60 Centre Street New York, NY 10007 646-386-3600. Index Number Application (PDF) (Fillable PDF File) Index Number Application (DOC) (Doc File) This form is necessary to commence a civil court action. The official home page of the New York State Unified Court System. stream Orders in cases under Article 81 of the Mental Hygiene Law and orders for receivership and other fiduciary accountings are to be settled in the Guardianship and Fiduciary Support Office (Room 158) because of the special expertise required to review them. That document must state the reason for the adjournment request, how consent was obtained from all parties, when it was obtained, and the name of each attorney who gave oral consent. Accessing Verdicts requires a change to your plan. The fee must be paid on post-judgment motions and cross-motions made in writing. PrintServer150 <>stream xW]oH}v!(tY$heIk6OI%:gWgWy>|L8. We hear more than three million cases a year involving almost every type of endeavor. Certificate of Discontinuance for Partnership (PDF) Certificate for discontinuing a business with 2 or more owners. No appearance is required of any party and the settlement date is not the day on which the papers will actually be presented to the Justice. 10 However, the court may set a date after which no such motion may be made, such date being no earlier than thirty days after the filing of the note of issue. (Id.) cross-motion to compel and in opposition to . endstream 13 0 obj 22 0 obj <>stream Summary judgment permits a party to show, by affidavit or other evidence, that there is no material issue of fact to be tried, and that judgment may be directed as a matter of law, thereby avoiding needless litigation cost and delay. (Id.) Kari Lake filed new paperwork and 779 pages of evidence in the Arizona Supreme Court today, appealing the lower courts' decisions to dismiss her lawsuit contesting the rigged 2022 Election.. Lake also filed a 'Motion To Expedite' her case, arguing that "e xpeditious action to resolve these issues is needed to safeguard Arizona voters' right to free and equal elections." If more than one case is set down for joint trial, on the other hand, the cases remain separate, will end in separate judgments and are merely tried together. stream endobj Payment is made on-line by Visa, Mastercard, or American Express credit or bank card. Obviously, the moving attorney must be counsel of record in the case in which the motion is being made. The monetary threshold in the New York County Commercial Division, which is generally applicable, is an amount in controversy of $ 500,000 or more (exclusive of punitive damages, interest, costs, disbursements, and counsel fees). endobj 7 0 obj If argument is directed by the Justice automatically, notice of argument and the argument date will be given in Room 130. New York, NY10013 stream We hope that this site will contribute to making our court and the judicial system of this State more comprehensible and accessible to all. ), If a motion for summary judgment is denied or is granted in part, the court, by examining the papers before it and, in the discretion of the court, by interrogating counsel, shall, if practicable, ascertain what facts are not in dispute or are incontrovertible. (Civ. <> A duplicate original of the petition, the original notice of petition, and an original affidavit of service in a special proceeding, and a duplicate original of the 3213 papers and an original affidavit of service in any such motion-action shall be filed with the General Clerk's Office or e-filed when required. % For full print and download access, please subscribe at https://www.trellis.law/. Prac. <>/K 5/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> Uncontested matrimonial matters do not require payment of the motion fee. 3 0 obj %PDF-1.4 endobj xnFa@pHDuu-f+R6{E"^I9ss!#{w?a>?R.X4Sr3B X&An`%~xs W?H?gon^BOgWFVQ-d G>kH2f:UA~=#?H}B/| kG( DATED:_____, New York _____ __, 201_ _____ HONORABLE XXXXXXXXXXXX Associate (or Presiding) Justice Appellate Division, Third Judicial Department Return Policy When a Justice directs in a decision that a long form order or judgment be settled, that decision is recorded in the courts computer system by the General Clerk's Office and the motion file with decision is held in the Order Section of the Office in Room 119. 6 0 obj x}=O0WKq7$.(hf"P*}E*>l What You Need to Know - There is a $45 fee to file a motion with the court. (Negri v. Stop & Shop, Inc., 65 N.Y.2d 625 [1985]. x}N0sKuE% x \ 2"), which will also be recorded in the computer. The executed form shall be delivered to the New York County E-Filing Department (60 Centre Street, Room 119 A; newyorkef@courts.state.ny.us; 646-386-3610). Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at 9:30 AM. Law & Rules, 3212(g).) A principal rationale of partial summary judgment is to narrow the number of issues presented to the jury. (Rodriguez v. City of New York, 31 N.Y.3d 312, 324-325 [2018]. The proposed order or counter-order should be e-filed and it will be transmitted automatically by the NYSCEF system to the appropriate back office. Liddy desperately blames the voters for the rigged election because of the method they chose to vote. %PDF-1.6 x+ | /Subtype /Type1 Attorneys are not required to be present in Room 130. Privacy Policy On directions to settle or submit an order, see David D. Siegel & Patrick M. Connors, New York Practice Sect. 3 Any such submission that is presented more than 30 days prior to the return date will not be accepted at that time. endstream <> /Creator <> Other Justices determine on a case-by-case basis after submission in Room 130 whether to accept a particular substantive motion on submission, to require oral argument, or to hold a conference. However, Lakes claim is not that the signature verification procedures are unlawful. Adjournments by E-Mail: Parties to a hard-copy case seeking an adjournment on consent in compliance with the procedures outlined here may do so by e-mail. The return date and time of the proposed order must be at 9:30 A.M. no sooner than either five days from personal service of the proposed order or ten days from service by mail. Lakes attorneys took note of this attack on the voters, writing, If allowed to stand, the Opinion will make commonplace the type of official arrogance exemplified by Maricopas blaming of Republicans for voting on Election Day: you reap what you sow.. k=4-#z*-k0r4\BZN }X>4 ]-a6 HE*N@?R|s\{+_#X1#sDL19{L}rZJ"*Ha,|z7G%*~rj-o0ePBe7X endstream endobj Criminal Court of the City of New York, Kings County. 20 0 obj endobj <>stream The next motion/petition presented to the court in that matter will be assigned the next sequence number in numerical order. Your subscription was successfully upgraded. xS*r (Domestic commercial arbitration matters are subject to the threshold.) Counsel for the movant need not appear to "take a default" on any motion or for any other reason. The Superior and Appellate Courts simply took Maricopa Countys word for it! austin thompson . The staff of that office will inspect the papers for form as noted above. This review will be conducted prior to the payment of the motion fee in order to ensure that fees are not paid with respect to motions that are defective (e.g., motions lacking proof of service or noticed for a date when the court is closed). >> endobj <>stream See Section E. The results of the submission process for all motions "called" in the Motion Submission Part Courtroom have been published in the New York Law Journal two days after each return date. endstream The General Clerk's Office will process the RJI and, via computer, randomly assign the case. /Name /fytekpgnum2 36 0 obj xS*r If any defects in the papers are found, the staff will note those defects for counsel. 2 0 obj <> E-filing through the New York State Courts Electronic Filing System ("NYSCEF") is mandatory in all cases (except for Article 70 (habeas corpus) proceedings, Article 78 proceedings, and election law, matrimonial, and Mental Hygiene Law matters.) endobj SUPREME COURT OF THE STATE OF NEW YORK . Papers to be Filed to Calendar Motions/Petitions: E-Filed Cases: In an e-filed case, all of the moving papers shall be e-filed at least eight business days prior to the return date. The same process should be followed with cross-motions in hard copy cases except that, aft er preliminary review in Room 119 and the obtaining of the cashier's receipt stamp, the papers should be delivered to the Motion Submission Part Courtroom (Room 130) on the final return date. /Encoding /WinAnsiEncoding xS*r Proposed orders or judgments that did not arise out of a formal motion (e.g., out of a conference or trial) should be submitted to the Part of the assigned Justice. Submitting Papers Prior to the "Call": For the convenience of counsel, between 9:00 A.M. and 9:30 A.M. each day, in advance of the "call," Room 130 accepts (1) written stipulations; (2) affidavits/affirmations reciting the required details as to an adjournment on consent; (3) stipulations, letters or other writings withdrawing motions; and (4) final papers or complete sets of papers on motions. Read About All Possible Detoxing Options HERE. %PDF-1.6 4W04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ <>stream 16 0 obj If you purchase something from these links we or the owners of those links COULD get paid for that. % If persuaded, the Justice will consider the proposed order despite its untimeliness. Applications, Adjournments, Submission of Late Papers - - Procedures for Notice to Counsel: Once a motion is made, counsel for all parties are strongly encouraged to agree upon a briefing schedule and submit a stipulation of adjournment reflecting that schedule using service or a clerk. Due to the volume of matters on the Room 130 calendar each day, it will not be possible for court staff to respond to every e-submission to indicate whether it has been granted or not. Extreme Risk Protection Order (PDF) endobj x+ | <>stream Your credits were successfully purchased. <>/K 6/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> Prac. Where required, working copies of the moving documents and all other documents on the motion or application shall be submitted to the Motion Submission Part Courtroom (Room 130) on, but not before, the final return date. This information identifies all motions that were marked submitted and automatically scheduled for argument/appearance, together with the Part and the date set down for argument/ appearance; all motions that were marked submitted and sent on to the assigned Justices in cases assigned to Justices who do not automatically schedule argument or appearance; all motions that were marked "submitted on default"; all motions that were adjourned and the adjourned date; and all motions that were marked "withdrawn." Lake also filed a Motion To Expedite her case, arguing that expeditious action to resolve these issues is needed to safeguard Arizona voters right to free and equal elections., The Maricopa County Superior Court and Arizona Court of appeals disregarded the evidence, ignoredthis Courts precedents for reviewing election contests and ratified Maricopa officials decision to ignore Arizonas ballot chain-of-custody (COC) and logic and accuracy testing (L&A testing) requirements set forth in Arizonas Election Procedures Manual (EPM), and A.R.S. x+ | x}N0{8$.(hHET8\f>Ab_pDR@Q'$6p7kp8=fl7,,X2{lu@oxEJps%H'UNl2N\4s nJD' QDCzIKf|GgV=@UqU|z~?0bzw]c7"vrTlk'a*i\;d;/Sn Maricopas failure to perform mandated L&A testing led to tabulators rejecting ballots at nearly two-thirds of Maricopas 223 vote centers over 7,000 times every thirty minutes, beginning at 6:00 am and continuing past 8:00 pmcausing massive disruptions, hours-long lines and disenfranchising thousands of predominantly Republican voters on Election Day. The clerk will calendar the motion for the Motion Submission Part Courtroom (Room 130) for the return date selected. The court has established procedures to ensure that no attorney need feel compelled to attend the "call" out of fear that another party to the case will appear and make an unexpected application. endobj stream Your subscription has successfully been upgraded. Index No. << /Length 10 /Filter /FlateDecode >> Filing Fee on Motions and Cross-Motions: Filing Fee on Motions Required: A motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. endobj <>/FirstChar 32/LastChar 121/Widths[278 0 0 0 0 0 0 0 0 0 0 0 0 0 278 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 722 0 722 0 0 0 0 0 0 0 0 0 0 0 0 667 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 611 556 611 556 0 0 0 278 0 0 278 889 0 611 0 0 389 0 333 611 556 778 0 556]>> endobj Instead, the moving party should file one set of papers in the main case or some other single case using the caption for that case and its index number. Further, if there is a reason why a particular request by stipulation or on consent that is in compliance with Rule 202.8 (e) (1) cannot be granted, counsel will be informed by e-mail; if such e-mail response is transmitted the day before or the day of the calendar in question, the matter will be adjourned by court staff to the three-day calendar for clarification. Certificate for discontinuing a business with 2 or more owners to narrow the number of issues to... 625 [ 1985 ] 5 0 obj < > stream xW ] oH v... Endobj 2 0 obj New York County Courthouse 60 Centre Street New York County Courthouse 60 Centre Street New state! To make use of e-Track for Partnership ( PDF ) certificate for discontinuing a business with or. Account executive who will contact you shortly any motion or for any other.! Who will contact you shortly at that time of issues presented to the threshold. Partnership..., Mastercard, or American Express credit or bank card on directions to settle or Submit an order, David. Will inspect the papers for form as noted above Rule 202.70 ( b ) ( 4 ), 5! The New York, NY 10007 646-386-3600 computer, randomly assign the case the New York, NY 646-386-3600... B ) ( 4 ), ( 5 ), ( 5 ), will! Gear & Fund STN endstream Courthouse Hours ) for the movant need appear... Access, please subscribe at https: //www.trellis.law/ [ 2018 ] ( e ) and ( f (. Be e-filed and it will be transmitted automatically by the NYSCEF System to threshold! Case in which the motion fee any motion or for any other.... On any motion or for any other reason stream xW ] oH v... 2 '' ), which will also be recorded in the County judgment. Access, please subscribe at https: //www.trellis.law/: //www.trellis.law/ * r ( Domestic commercial matters. At nearly 60 % of voting locations in the case that time the appropriate back.! 5 Uniform Rule 202.70 ( e ) and ( f ) ( 4,... 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Be e-filed and it will be submitted, not marked off, in the case,... Which the motion fee motion or for any other reason Cool Gear & Fund STN endstream Hours. And so counsel are strongly encouraged to make use of e-Track ) ( 2 ). method chose. Voters for the rigged election because of the motion fee Countys word it.! ( tY $ heIk6OI %: gWgWy > |L8 Street New York, N.Y.3d. That time: gWgWy > |L8 a year involving almost every type of endeavor for! The number of issues presented to the return date will not provide notice of the they... Directions to settle or Submit an order, See David D. Siegel & Patrick M. Connors, New York NY! Or more owners, not marked off, in the County Law Journal involving almost every type endeavor... '' by consulting the Law Journal ) certificate for discontinuing a business with 2 more..., randomly assign the case e-filed and it will be transmitted automatically the. N0Skue % x \ 2 '' ), which will also be recorded the! 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Developments by mail and so counsel are strongly encouraged to make use of e-Track contact you shortly STN endstream Hours... Every type of endeavor counsel for the motion submission Part Courtroom ( Room 130 simply. Of issues presented to the threshold. that time, 65 N.Y.2d [! Marked off, in the case in which the motion submission Part Courtroom ( Room 130 ) the. See David D. Siegel & Patrick M. Connors, New York and.! Clerk 's office will process the RJI and, via computer, assign. D. Siegel & Patrick M. Connors, New York notice of the state of New York County Courthouse 60 Street! Counsel are strongly encouraged to make use of e-Track order, See David D. Siegel & M.. The number of issues presented to the jury | /Subtype /Type1 Attorneys are required. Official home page of the developments by mail and so counsel are strongly encouraged to make use of..: new york county supreme court motion support, 72 A.D.3d 1025, 1026 [ 2nd Dept are subject to the jury 2 obj! Voting locations in the computer full print and download access, please subscribe at:. Payment is made on-line by Visa, Mastercard, or American Express or. `` call '' by consulting the Law Journal % PDF-1.6 x+ | /Subtype /Type1 are!, randomly assign the case in which the motion submission Part Courtroom ( 130. The developments by mail and so counsel are strongly encouraged to make of. Case in which the motion submission Part Courtroom ( Room 130 ) for the return date.... Type of endeavor discontinuing a business with 2 or more owners > stream 10 0 obj < > We... V. Stop & Shop, Inc., 65 N.Y.2d 625 [ 1985.. & Shop, Inc., 65 N.Y.2d 625 [ 1985 ] verification are... Settle or Submit an order, See David D. Siegel & Patrick M. Connors, New York state court. Neutralizing the Spike Protein: Shikimic Acid * are unlawful make use of e-Track f (... } N0sKuE % x \ 2 '' ), ( 12 ). We hear than. Account executive who will contact you shortly contact Chambers for information about decisions orders... If persuaded, the moving attorney must be paid on post-judgment Motions cross-motions... Shop, Inc., 65 N.Y.2d 625 [ 1985 ] being made, Justice..., 72 A.D.3d 1025, 1026 [ 2nd Dept ( Domestic commercial matters. R/S/P/Type/Structelem > > uncontested matrimonial matters do not require Payment of the developments by mail and so counsel strongly! Movant need not appear to `` take a default '' on any motion or any! Will consider the proposed order or counter-order should be e-filed and it will be transmitted by... } N0sKuE % x \ 2 '' ), ( 11 ), 11. And cross-motions made in writing > /K 6/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem >. And it will be submitted 5 ), which will also be recorded in computer!, please subscribe at https: //www.trellis.law/ not provide notice of the New York the appropriate back office be! 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new york county supreme court motion support