Thursday, September 3, 2015

AFTER THE COURT GRANTS YOUR MOTION


22 N.Y.C.R.R. § 202.48(a)-(B)

The rule specifies that within 60 days of a decision directing that an order or judgment be “settled” or “submitted,” counsel must submit such order or judgment for the court's signature; and that the underlying motion or action shall be deemed abandoned if the submission is not timely made “unless for good cause shown.”

In ADOLFO POL, ET AL., Appellants, v. BORIS ASHIROV, ET AL., Respondents. 2015 NY Slip Op 06502 (App. Div. 2nd Dept. Decided August 12, 2015),the court held:

"22 NYCRR 202.48 does not apply where....the court merely directs a party to "submit order" or judgment without expressly directing that the order or judgment be submitted on notice (see Matter of Matthew L., 85 AD3d 917, 918, citing Funk v Barry, 89 NY2d 364, 365)."

Here is the rule in full:

"Section 202.48 Submission of orders, judgments and decrees for signature.

(a) Proposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within 60 days after the signing and filing of the decision directing that the order be settled or submitted.

(b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown.

(c)

(1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the court in which the order or judgment was granted, or before the judge if the court has so directed or if the clerk is unavailable, shall be served on all parties either:

(i) by personal service not less than five days before the date of settlement; or

(ii) by mail not less than 10 days before the date of settlement.

(2) Proposed counter-orders or judgments shall be made returnable on the same date and at the same place, and shall be served on all parties by personal service, not less than two days, or by mail, not less than seven days, before the date of settlement. Any proposed counter-order or judgment shall be submitted with a copy clearly marked to delineate each proposed change to the order or judgment to which objection is made.
 
Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.
 
Amended (c)(2) on Jun. 11, 2007"

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