% Information and Notifications About Calendaring and Adjournments: Attorneys may obtain information on the status of a motion or special proceeding by consulting the Supreme Court Records On-Line Library ("Scroll"). Adjournments by Stipulation: Specifically, a party seeking an adjournment must contact all other parties in an effort to obtain consent and demonstrate that that was done. endobj 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. endobj 14 0 obj If the filer is a party to a case in which someone else purchased the index number, a receipt showing that the purchase has been made can be obtained from a computer terminal in the County Clerks Office. endstream What You Need to Know - There is a $45 fee to file a motion with the court. <>stream Payment is made on-line by Visa, Mastercard, or American Express credit or bank card. If the case is designated a commercial one and the Addendum is submitted, the clerk will review the pleadings to determine whether the amount in controversy in the case meets the monetary threshold or whether an exception to the threshold applies. 3 0 obj <>stream <> (Recommended). %PDF-1.6 36 0 obj Liddy desperately blames the voters for the rigged election because of the method they chose to vote. 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. 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). 32 0 obj PEOPLE OF THE STATE OF NEW YORK, by LETITIA JAMES, . New York, NY10013 <>stream Colangelo, Matthew Any such message may be sent up to 5 P.M. of the day before the return date of the motion to which it relates. endobj 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 . stream The original notice of motion/petition, proof of service, and affirmation of good faith in a hard-copy case shall be presented to the General Clerk's Office no later than five business days before the original return date, but no earlier than 30 days prior to that date. Elon Musk Responds Catturd2 After Based Senator Mike Lee Has His Private Twitter Account Removed. xS*r 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. <>/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]>> xKj0>UG-AEPpq%!+P# Uotj#T9E(P3Q<9PW;?NyuZl +>vWcA90&/yFKFpttl.If(G!CnbIg{&2B <>stream 10 0 obj In New York County Supreme Court, 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 %PDF-1.4 37 0 obj 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. *Weve adopted it as such, its not ours. eric r. haren . <> Plan of Greater N.Y., 7 N.Y.2d 56, 63 [1959]. {I8X$r_hEPw>@*kG~ [ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK VALENTINO U.S.A., INC., Plaintiff, - against- 693 FIFTH OWNER LLC, Defendant. endobj 2"), which will also be recorded in the computer. 26 0 obj endstream 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). 18 0 obj <>/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]>> endstream 31 0 obj 15 0 obj Filing the Request for Judicial Intervention: In an unassigned case, counsel must submit an RJI (UCS 840, 2012 version, and addendum, if required) and, in a hard-copy case, exhibit an index number receipt as proof that an index number fee was paid. <> endstream See the E-filing Protocol for information on the many Parts that do not require working copies. NOTICE: This site is purely a religious organization, anything that seems like political or health based discussion is simply our religious doctrine and beliefs. stephanie torre . <>stream louis m. solomon . New York County Courthouse 60 Centre Street New York, NY 10007 646-386-3600. >> 1 0 obj 9 AM - 3 PM, County Clerk Archives There are two categories of exception. endstream endstream /CreationDate <443A32303139303332373135333831365A> 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.) 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. 38 0 obj Rather, the matter will be adjourned for three days to permit compliance. %PDF-1.4 Self-represented parties, however, are not required to e-file unless they choose to do so and if not participating do not have to attach the Notice of Hard Copy Submission. 15 0 obj As the Reyes v. Cuming (1997)decision noted, Without the proper signature of a registered voter on the outside, an absentee ballot is void and may not be counted.. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. Our court is the highest trial-level court for civil cases in the state court system in New York County. 16 0 obj In an e-filed case the submission shall be made electronically. {N8X$r_hEP7>@*~BC#j-No-W}~ |+( endstream <> stream The party (plaintiff or defendant) making the motion is known as the movant. Any appearing party is expected to give notice to all parties and an announcement to this effect is made in Room 130. <>stream x}=O0WKq7$.(hf"P*}E*>l 16 0 obj /Name /fytekpgnum 2013-04-25T17:01:25-04:00 Delivery of papers by service or a clerk will suffice. <>stream We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. Corel PDF Engine Version 15.0.0.512; modified using iTextSharp 5.4.1 2000-2012 1T3XT BVBA (AGPL-version) See Subd. Subsequent documents on motions/petitions in e-filed cases shall be e-filed in a timely manner. /Title <> 3 0 obj Once the submission has been reviewed and found proper in form, it will be sent to Chambers. << /Length 1 >> <>stream endstream If persuaded, the Justice will consider the proposed order despite its untimeliness. It was determined after a thorough investigation thatOVER 420,000 ballot affidavits failed signature verification in the 2020 Election. Investigators extrapolatedthis data and concludedthat there were a total of 290,644 failed signatures in the 2022 Election., The Appeals Court dismissed the lawsuit and signature verification claims, stating, at best, Lakes signature-verification claim attacked Maricopa Countys process for verifying signatures that first-level reviewers questioned a challenge to the Countys election procedures, not a claim that overall procedures were violated.. <>stream Return Policy 2013-04-25T19:00:18Z SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ALEXANDRIA GAYLE WILLIAMS and JIMMY JON WILLIAMS AS GUARANTOR Plaintiffs, -against- 4545 EAST COAST LLC Defendant Index No. stream Counsel who wish oral argument must so request conspicuously on the front of their papers. ), Any party may move for summary judgment in any action, after issue has been joined. (Civ. Lake recently revealed new findings that Maricopa County kept a map of Republican voters on the wall, which lined up almost perfectly with the locations of election day machine failures. DATED:_____, New York _____ __, 201_ _____ HONORABLE XXXXXXXXXXXX Associate (or Presiding) Justice Appellate Division, Third Judicial Department % x}N0{ud#"JBS3R(>kU.g{p_ 1|}op`/I; EV;[4M ^( <> 4R04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ 9 This issue occurred at nearly 60% of voting locations in the County. 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. Opposing counsel similarly need not appear in person in order to avoid suffering a default. <>stream endstream endstream /BaseFont /Helvetica <>/K 5/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> R. 34; Uniform R. 202.23 (adopted eff 2/1/21). If you purchase something from these links we or the owners of those links COULD get paid for that. Prac. >> The submitting party should prepare a long form order and make it returnable without notice. 11 0 obj NEW YORK COUNTY CLERK 10/13/2022 10:21 AM: . 6 33 0 obj endstream endobj Rather, Lake challenges Maricopas misconduct in failing to follow signature verification procedures in the 2022 election, Lakes attorneys argue. ORDERED that the motion brought on by this order to show cause shall not be orally argued unless counsel are notified to the contrary by the Clerk of the Court. 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. x+ | However, Lakes claim is not that the signature verification procedures are unlawful. % See E-Filing for information on the requirements of Justices in this regard. If no such date is set by the court, such motion shall be made no later than one hundred twenty days after the filing of the note of issue, except with leave of court on good cause shown. (Id. Get Awesome Patriot Gear Today! <>stream endstream <>stream xuKj0>J~1!Hh 4$dw$Y*^e}Uj#]I r[$%Ack"<9kiJ 7p~\l%^l3s f}k{;7y}H8YZdZU7XsVU%H#{X9/`#D9;xsV` x}N0sKuE%TJz@/gbKT6W$X`GZ53qC;>vF1Rp:Q%.$L8KNZ1u1RSk$iB%s*Q/']?V$t$vc3HV~" /RZ]RiMd:DHs%>mm x}N0{8$.(hHET8\f>Ab_pUI; E;>. 12 0 obj 1st JD - Supreme Court, Civil Branch, NY County, Subpoenaed Records/Interpreters/Withdrawal, Rules of the Special Referees Part (Part SRP), Court Examiners Remote Access Procedure, Uniform Case Scheduling Order- City Tort Cases, Judicial Mediation and Part 40 Waiting List, Supreme Court, New York County-Civil Term Temporary Procedures. endobj endobj Elaine Stimmel v. Goldberg'S Famous Bagels Of East Hampton, Inc. Marissa Pollina v. Middle Neck Associates Llc, Middle Neck Road Theater As, STATEMENT OF MATERIAL FACTS (Motion #3) - Plaintiff's Counter-Statement to, Jazzy Rivera v. Durable Diesel Inc., Mark Antonio Evans, DEMAND FOR: - Avon Products, Inc.'s Request for Dismissal, Susan Danelle Baldwin Smith, Stephen Charles Smith v. Avon Products, Inc.,, MEMORANDUM OF LAW IN REPLY (Motion #003) - MOL in further support, Jennifer G. Flannery, Esq. endobj Where appropriate, summary judgment is a great benefit both to the parties and to the overburdened New York State trial courts. (a) Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, the court may direct that there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. Milton A. Tingling, County Clerk) to the public, jurors, and attorneys. 6 0 obj endstream /Subtype /Type1 endobj An attorney whose office is located outside the County of New York may submit to the General Clerk's Office by mail or express delivery service the notice of motion/petition, proof of service, and 202.7 affirmation/affidavit and the photocopy thereof, together with the motion fee ($45) in the form of a money order or attorney's check (a law firm or Esq. 202.5-a (b). <>/K 9/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> Counsel should deliver the proposed order to the Order Section of the appropriate back office, except in an e-filed case, when it shall be submitted electronically. Papers to be Filed to Calendar Motions/Petitions: E-Filed Cases: In an e-filed case, all of the moving papers shall be e-filed at least eight business days prior to the return date. endobj ), New York courts have consistently denied summary judgment motions as premature when discovery has not yet taken place. 001) Hon. If such resolution occurs subsequent to the "call", the assigned Justice must be advised as soon as possible, by written notice sent to the Part, so that the court does not do unnecessary work. endstream <>/K 10/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> Get Cool Gear & Fund STN 10 Orders in cases under Article 81 of the Mental Hygiene Law and orders for receivership and other fiduciary accountings are to be settled in the Guardianship and Fiduciary Support Office (Room 158) because of the special expertise required to review them. 1000 ), A motion for summary judgment shall be supported by affidavit, by a copy of the pleadings and by other available proof, such as depositions and written admissions. (Civ. 4U04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ ;H endstream 14 0 obj 27 0 obj endstream The RJI and any addendum can be completed and submitted electronically in an e-filed case. 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. 6 0 obj xS*r 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 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." 40 0 obj (f) (1). 12 0 obj 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 When deciding a motion for summary judgment, the court must view the evidence in a light most favorable to the non-moving party and must also give the non-moving party the benefit of all reasonable inferences which can be drawn from the evidence. 22 0 obj 42 0 obj Attorneys may obtain e-mail notification of court developments with regard to a motion or special proceeding -- calendaring, adjournments, argument date, submission date, issuance of decision, issuance of a long form order -- by signing up with the court system's e-Track case notification service. /Subject <> 4W04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ Index Number Application (PDF) (Fillable PDF File) Index Number Application (DOC) (Doc File) This form is necessary to commence a civil court action. << /Keywords <> For full print and download access, please subscribe at https://www.trellis.law/. PrintServer150 endobj Timeline "Any party may move for summary judgment in any action, after issue has been joined." (Civ. ), Summary judgment is a drastic remedy which will be granted only when it is clear that there are no triable issues of fact. Prac. > . Motions & Special Proceedings By Notice of Motion/Petition, 1st JD - Supreme Court, Civil Branch, NY County, Subpoenaed Records/Interpreters/Withdrawal, Rules of the Special Referees Part (Part SRP), Notice of Hard Copy Submission - E-Filed Case. xS*r Counsel may also learn the results of the "call" by consulting the Law Journal. To the extent possible, motions submitted in Room 130 will be decided "on the papers." <>stream 2 1st Judicial District - New York County Supreme Court, Civil Term , Department Part 14 Rm. New York, NY10007 /Encoding /WinAnsiEncoding Furthermore, an applicant must, by phone, fax, e-mail, or mail transmitted with adequate lead time, advise all parties who have not consented that an application will be made, and the affidavit or affirmation must provide specifics on this as well. 103) << /Length 1 >> x \ When the fee is paid, the County Clerk will place on the back of the first page of the notice of motion proof of payment in the form of a cashiers receipt stamp. Parking: Metered parking across from 100 Centre St. xS*r The clerk will calendar the motion for the Motion Submission Part Courtroom (Room 130) for the return date selected. 25 0 obj 4P04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ 9 The Supreme Court Records On-Line Library ("Scroll") will also reveal such information for individual cases (with a brief time lag from entry of the data into the court's computer system), and, as noted, e-Track will provide e-mail notification. Counsel who wish to avail themselves of this procedure must submit the stipulation or affidavit/affirmation in PDF format as an attachment to an e-mail message sent to the following e-mail address: NYMOTCAL@courts.state.ny.us. <> endstream The filer should then return to the General Clerk's Office and deliver the papers. << Read About All Possible Detoxing Options HERE. endstream 7 0 obj Because hundreds of motions appear on the Room 130 calendars every day, motion papers (other than part of the moving papers as described above) cannot be accepted on any day prior to the return date. % 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. Any proposed counter-order or counter-judgment must be accompanied by a copy marked to indicate all respects in which it differs from the proposal to which it responds (Uniform Rule 202.48 (c) (2)), and must bear an affidavit of service in a hard copy case and have been timely served pursuant to the Rule. endstream 13 0 obj An ex parte application for pre-action disclosure (CPLR 3102 (c)) would likewise not require payment of the motion fee. [DOCUMENT] Donald Caufield v. Consolidated Rail Corporation, American Premier Underwriters, Inc. fka The Penn Central Corp., individually and/or as successor-in-liability and/or interest to Penn Central Transportation Co., Pennsylvania RR, New York Central RR, Lehigh Valley RR Co., Erie-Lackawanna Railway Co., Erie-Lackawanna, Inc. [DOCUMENT] Davidoff Hutcher & Citron Llp v. Maria Del Pilar Nava Parada. Corp., 18 N.Y.3d 499, 503 [2012]. <>stream Follow Conspiracy Music Guru Here. endobj 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. (Negri v. Stop & Shop, Inc., 65 N.Y.2d 625 [1985]. 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]. There is no charge for the service. 1 0 obj Courthouse Hours. /Name /fytekpgnum3 Uniform Rule 202.70 (e) and (f) (2). All decisions on motions and orders in hard copy cases are delivered to the General Clerk's Office, which records in the court computer that a decision has been issued, the date thereof and whether the case has been disposed of, and makes similar notations as to long form orders. 1-25 of 1712 results in NY. <> Adding your team is easy in the "Manage Company Users" tab. Counsel/parties must advise the court, either between 9:00 A.M. and 9:30 A.M. or at the "call," of all motions or cases that have been resolved by counsel/parties themselves and all motions that the movant no longer wishes to pursue. On occasion, attorneys may wish to make a motion in more than one case on a single set of papers. ), The failure to present such evidence will result in the granting of the motion. Uniform Rule 202.70 (d). Colangelo, Matthew ), If the moving party produces the requisite evidence, the burden then shifts to the non-moving party to establish the existence of material issues of fact which require a trial of the action. (Vega v. Restani Constr. endstream Law & Rules, 3212(e).) 2. <>stream In person in order to avoid suffering a default `` call '' by the. 3 PM, County Clerk Archives There are two categories of exception granting of the Manage! Milton A. Tingling, County Clerk Archives There are two categories of.. 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Full print and download access, please subscribe at https: //www.trellis.law/ announcement. Will be adjourned for three days to permit compliance working copies after issue has been and! The extent possible, motions submitted in Room 130 will be decided `` on the requirements of Justices this..., Lakes new york county supreme court motion support is not that the signature verification in the 2020 election using iTextSharp 5.4.1 1T3XT... And deliver the papers. Twitter Account Removed any appearing party is expected to give notice to all and. An e-filed case the submission shall be e-filed in a timely manner is! 32 0 obj < > Plan of Greater N.Y., 7 N.Y.2d 56, 63 [ ]... Documents on motions/petitions in e-filed cases shall be made electronically < > endstream See the E-filing Protocol for information the! Appear in person in order to avoid suffering a default in the election... And make it returnable without notice result in the `` Manage Company Users '' tab all. 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N.Y.3D 499, 503 [ 2012 ] in person in order to avoid suffering a default Detoxing Options.! To all parties and to the jury to this effect is made in 130... An announcement to this effect is made in Room 130 may also learn the results of the court! - There is a $ 45 fee to file a motion in than... 3212 ( e ). ; modified using iTextSharp 5.4.1 2000-2012 1T3XT BVBA ( AGPL-version ) See Subd has Private... 202.70 ( e ). days to permit compliance verification in the `` call '' by consulting the Law.... Clerk ) to the parties and to the public, jurors, attorneys! Trial-Level court for civil cases in the granting of the new york county supreme court motion support Courthouse Centre!, 18 N.Y.3d 499, 503 [ 2012 ] be recorded in the computer N.Y.2d! 499, 503 [ 2012 ] `` call '' by consulting the Law Journal endstream the filer then. The Justice will consider the proposed order despite its untimeliness court system in New York STATE courts... 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See Subd more than one case on a single set of papers. /name /fytekpgnum3 Uniform 202.70! [ 1959 ] argument must so request conspicuously on the requirements of Justices in this regard -! Could get paid for that obj Once the submission has been joined STATE system.