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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 2212: Where motion made, in supreme court action

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 22. Stay, Motions, Orders and Mandates

§ 2212. Where motion made, in supreme court action. (a) Motions on

notice. A motion on notice in an action in the supreme court shall be

noticed to be heard in the judicial district where the action is triable

or in a county adjoining the county where the action is triable. Unless

statute, civil practice rule or local court rule provides otherwise, the

motion shall be noticed to be heard before a motion term or, upon order

to show cause granted by a justice, before that justice out of court.

(b) Ex parte motions. A motion in an action in the supreme court that

may be made without notice may be made at a motion term or to a justice

out of court in any county in the state.

(c) Motions before a county court or judge. The chief administrator of

the courts may by rule provide for the hearing of motions on notice or

ex parte motions in an action or proceeding in the supreme court by a

term of the county court or a county judge in the county in which venue

is laid during periods in which no supreme court trial or special term

is in session in the county.

(d) Rules of the chief administrator of the courts. The chief

administrator may by rule exclude motions within a department, district

or county from the operation of subdivisions (a),(b) and (c) of this

section, provided, however, that the practice in counties within the

city of New York shall be uniform.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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