New York § 2221 Motion affecting prior order

New York Statutes

§ 2221 — Motion affecting prior order

New York § 2221

Law CVPCivil Practice Law & Rules

Art. 22Stay, Motions, Orders and Mandates

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Bluebook

N.Y. Civil Practice Law & Rules § 2221 (2026).

Text

Rule 2221. Motion affecting prior order.

(a)A motion for leave to\nrenew or to reargue a prior motion, for leave to appeal from, or to\nstay, vacate or modify, an order shall be made, on notice, to the judge\nwho signed the order, unless he or she is for any reason unable to hear\nit, except that:\n 1. if the order was made upon a default such motion may be made, on\nnotice, to any judge of the court; and\n 2. if the order was made without notice such motion may be made,\nwithout notice, to the judge who signed it, or, on notice, to any other\njudge of the court.\n (b) 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 subdivision (a) of this rule.\n (c) A motion made to

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Rule 2221. Motion affecting prior order. (a) A motion for leave to\nrenew or to reargue a prior motion, for leave to appeal from, or to\nstay, vacate or modify, an order shall be made, on notice, to the judge\nwho signed the order, unless he or she is for any reason unable to hear\nit, except that:\n 1. if the order was made upon a default such motion may be made, on\nnotice, to any judge of the court; and\n 2. if the order was made without notice such motion may be made,\nwithout notice, to the judge who signed it, or, on notice, to any other\njudge of the court.\n (b) 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 subdivision (a) of this rule.\n (c) A motion made to other than a proper judge under this rule shall\nbe transferred to the proper judge.\n (d) A motion for leave to reargue:\n 1. shall be identified specifically as such;\n 2. shall be based upon matters of fact or law allegedly overlooked or\nmisapprehended by the court in determining the prior motion, but shall\nnot include any matters of fact not offered on the prior motion; and\n 3. shall be made within thirty days after service of a copy of the\norder determining the prior motion and written notice of its entry. This\nrule shall not apply to motions to reargue a decision made by the\nappellate division or the court of appeals.\n (e) A motion for leave to renew:\n 1. shall be identified specifically as such;\n 2. shall be based upon new facts not offered on the prior motion that\nwould change the prior determination or shall demonstrate that there has\nbeen a change in the law that would change the prior determination; and\n 3. shall contain reasonable justification for the failure to present\nsuch facts on the prior motion.\n (f) A combined motion for leave to reargue and leave to renew shall\nidentify separately and support separately each item of relief sought.\nThe court, in determining a combined motion for leave to reargue and\nleave to renew, shall decide each part of the motion as if it were\nseparately made. If a motion for leave to reargue or leave to renew is\ngranted, the court may adhere to the determination on the original\nmotion or may alter that determination.\n