§ 2212 — Where motion made, in supreme court action

New York § 2212

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 22: Stay, Motions, Orders and Mandates

Text

§ 2212. Where motion made, in supreme court action. (a) Motions on\nnotice. A motion on notice in an action in the supreme court shall be\nnoticed to be heard in the judicial district where the action is triable\nor in a county adjoining the county where the action is triable. Unless\nstatute, civil practice rule or local court rule provides otherwise, the\nmotion shall be noticed to be heard before a motion term or, upon order\nto show cause granted by a justice, before that justice out of court.\n (b) Ex parte motions. A motion in an action in the supreme court that\nmay be made without notice may be made at a motion term or to a justice\nout of court in any county in the state.\n (c) Motions before a county court or judge. The chief administrator of\nthe courts may by rule provide for the hearing of motions on notice or\nex parte motions in an action or proceeding in the supreme court by a\nterm of the county court or a county judge in the county in which venue\nis laid during periods in which no supreme court trial or special term\nis in session in the county.\n (d) Rules of the chief administrator of the courts. The chief\nadministrator may by rule exclude motions within a department, district\nor county from the operation of subdivisions (a),(b) and (c) of this\nsection, provided, however, that the practice in counties within the\ncity of New York shall be uniform.\n