(Negri v. Stop & Shop, Inc., 65 N.Y.2d 625 [1985]. /BaseFont /Courier Vineyard, 61 N.Y.2d 106, 112 [1984].) /Type /Font Where in the narrow circumstances described by the e-filing rules a motion is made in hard-copy form or opposition papers are submitted in such form in an e-filed case, the hard-copy documents shall be submitted in the same way papers are submitted in non-e-filed cases, except that there shall be firmly affixed to each separate document or group of documents, as the back page facing out, a Notice of Hard Copy Submission - E-Filed Case. stream Except as to decisions that call for settlement of an order or judgment, the decisions as posted generally bear the County Clerk's entry stamp so that counsel may serve a notice of entry promptly and without having to make a trip to the courthouse to retrieve a copy of the decision with entry stamp. ), The failure to present such evidence will result in the granting of the motion. endobj 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. Counsel should not place a series of captions and index numbers on the single set of moving papers since this may lead to confusion and court staff will be unable to determine under which case to record the motion in the courts computer and in which file to place the papers. The RJI shall be marked to reflect the existence of any "related case" as explained on the "Commencement of Cases" page under "Case Processing" on this site. The next motion/petition presented to the court in that matter will be assigned the next sequence number in numerical order. Where a briefing schedule has not been agreed upon, the movant can avoid the need to attend simply to see if anyone will hand up opposing papers by demanding papers as provided by CPLR 2214(b). q <> 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. Once the submission has been reviewed and found proper in form, it will be sent to Chambers. <> /Author <> No Judge is present. will be able to access it on trellis. The clerk will calendar the motion for the Motion Submission Part Courtroom (Room 130) for the return date selected. Prac. Applications for adjournments that are not properly supported will not be entertained. 41 0 obj endobj xS*r endstream 4 0 obj SUPREME COURT, CIVIL BRANCH NEW YORK COUNTY PROTOCOL ON COURTHOUSE PROCEDURES FOR ELECTRONICALLY FILED CASES (REVISED APRIL 24, 2013) . /Subtype /Type1 endobj endobj Rather, the matter will be adjourned for three days to permit compliance. x+ | Uncontested matrimonial matters do not require payment of the motion fee. Defects noted by the clerk but not corrected by counsel may be brought to the attention of the assigned Justice. 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. E-mail notification of the issuance of the decision or order is provided by e-Track. endobj by clicking the Inbox on the top right hand corner. > {N8X$r_hEP7>@*~BC#j-No-W}~ |+( If you purchase something from these links we or the owners of those links COULD get paid for that. Subsequent Papers on Motions Returnable in Room 130: Cross-motions, papers in opposition, and reply papers on motions/petitions on notice returnable in Room 130 in a hard-copy case shall be submitted to the Motion Submission Part Courtroom (Room 130) on the final return date of the motion/petition and will not be accepted until that date. See Uniform Rule 202.8(d). endobj endobj The settlement process takes place there. <>/K 6/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> 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. Motions & Special Proceedings By Notice of Motion/Petition, 1st JD - Supreme Court, Civil Branch, NY County, Subpoenaed Records/Interpreters/Withdrawal, Rules of the Special Referees Part (Part SRP), Notice of Hard Copy Submission - E-Filed Case. 001) Hon. This election must be thrown out on the machine failure issue alone. 43 0 obj County Clerk Archives (31 Chambers, 7th . Formal changes may be made by the staff directly on the order/judgment. 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. 60 Centre Street 3 0 obj SHOW YOUR SUPPORT and get your Kari Lake Won Shirt at THEGATEWAYPUNDITSTORE.COM, https://thegatewaypunditstore.com/collections/apparel/products/kari-lake-won-az-classic-tee. This method will achieve efficiency for all concerned while maintaining an orderly and accurate process and record and sound record keeping. Commercial Div. 150 Studies Proving the Ineffectiveness and Harm of Wearing Masks, read them HERE. x+ | <>stream endstream 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. 10 0 obj 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. endobj 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. Your recipients will receive an email with this envelope shortly and | 16-621(E), 16-449, 16-452(C), argues Lakes attorneys in their Petition for Review., causing massive disruptions, hours-long lines and disenfranchising thousands of predominantly Republican voters on Election Day.. 3 0 obj endobj x+ | In addition to the caption and the index number, each submission must identify the date on which the motion is then returnable. x]$9rPg x+ | Rulings of the Administrative Judge have been posted on the Division website (under Decisions Online on the New York County home page). c endobj pellate Division from a decision and order of this court dated November 3, 2017, which determined an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered March 15, 2016. endstream PEOPLE OF THE STATE OF NEW YORK, by LETITIA JAMES, . 16 0 obj endobj It can only be made after a lawsuit has been started. stream Sometimes a decision will state "Submit Order." ACCESSIBILITY (ADA) ABOUT THE COURT. endobj New York, NY 10013, Open - 9:30 AM - 4:30 PM 1 0 obj 202.5-a (b). 6o/ /Keywords <> endobj <> 4P04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ 9 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). 26 0 obj 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. /Encoding /WinAnsiEncoding (Recommended). General Clerk's Office, New York County Supreme Court, Room 119, 646-386-3030, newyorkef@nycourts.gov Motions/Special Proceedings by Notice -- General Clerk's Office, Room 119, 646-386-3030 Submission Process -- Motion Submission Part Courtroom (Room 130) Ex Parte Motions (non-Commercial Division) -- Ex Parte Office, Room 315, 646-386-3125 The affidavit shall be by a person having knowledge of the facts; it shall recite all the material facts; and it shall show that there is no defense to the cause of action or that the cause of action or defense has no merit. (Id. DATED:_____, New York _____ __, 201_ _____ HONORABLE XXXXXXXXXXXX Associate (or Presiding) Justice Appellate Division, Third Judicial Department To protect movants against the submission of late opposition papers or cross-motions, the General Clerk's Office will screen motions in which such papers are submitted without a response (reply or opposition respectively) to ensure that proper time to respond has been afforded and it will sua sponte adjourn for one week cases in which such time has not been given. endobj 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. endobj Request for Judicial Intervention (RJI) << The General Clerk's Office prepares calendars for the motions that appear in the Motion Submission Part Courtroom daily: a Paper Motions Calendar and a separate E-Filed Motions Calendar. However, Lakes claim is not that the signature verification procedures are unlawful. Law & Rules, 3212(e).) If that counsel or any other wishes to make the identical motion in a related case, counsel should submit a notice of motion in the related case bearing only the caption and index number for that related case, and should attach thereto an affirmation/affidavit in which counsel refers to and adopts the motion papers and arguments made in the first case. endstream endstream 9 AM - 4:30 PM, Public Access Law Library To the extent possible, motions submitted in Room 130 will be decided "on the papers." x+ | ), 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. See the E-filing Protocol for information on the many Parts that do not require working copies. <>/FirstChar 0/FontDescriptor 19 0 R/LastChar 128/Subtype/Type1/ToUnicode 40 0 R/Type/Font/Widths[0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 299 319 359 0 0 0 0 200 279 279 0 0 299 319 299 0 620 620 620 620 620 620 620 620 620 620 299 299 0 0 0 540 0 700 720 720 739 680 620 759 799 319 560 720 580 859 720 759 600 779 700 640 600 720 680 959 700 660 580 259 0 259 0 0 339 620 600 479 640 540 339 560 620 279 279 600 279 879 620 540 600 560 399 540 339 620 540 879 540 600 520 359 0 379 0 0 620]>> endobj The court may permit communication by counsel (with each other and with the court) via e-mail in cases not pending in the NYSCEF and, in the court's discretion, counsel are to submit memoranda of law by email, or other electronic means (like a flash drive) together with an original and a courtesy copy. 36 0 obj The official home page of the New York State Unified Court System. 2013-04-25T17:01:25-04:00 1st Judicial District - New York County Supreme Court, Civil Term , Department Part 14 Rm. xKj0>UG-AEPpq%!+P# Uotj#T9E(P3Q<9PW;?NyuZl +>vWcA90&/yFKFpttl.If(G!CnbIg{&2B <>stream 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. <>stream 8 1-25 of 1712 results in NY. 80 Centre Street endstream endobj Merchan was designated to the bench by Chief Administrative Judge Ann Pfau in 2009. It shall thereupon make an order specifying such facts and they shall be deemed established for all purposes in the action. (Id. Any such application must be made in a timely manner. Counsel should not contact Chambers for information about decisions and orders. endstream A long-running battle challenging New Jersey's right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices on the U.S. Supreme Court on . <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (Alvarez v. Prospect Hosp., 68 N.Y.2d 320 [1986].) 1 0 obj << /Length 10 /Filter /FlateDecode >> Enjoy. 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. xS*r 11 0 obj endobj 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. In a hard-copy case a copy of the pleadings shall be submitted as well. Theme: Newsup by Themeansar. (60 Centre, Rm. endobj endstream endobj 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. 6 0 obj 19 0 obj For full print and download access, please subscribe at https://www.trellis.law/. 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