N.Y. Civil Practice Law & Rules § 2221: Motion affecting prior order

Rule 2221. Motion affecting prior order. (a) A motion for leave to

renew or to reargue a prior motion, for leave to appeal from, or to

stay, vacate or modify, an order shall be made, on notice, to the judge

who signed the order, unless he or she is for any reason unable to hear

it, except that:

1. if the order was made upon a default such motion may be made, on

notice, to any judge of the court; and

2. if the order was made without notice such motion may be made,

without notice, to the judge who signed it, or, on notice, to any other

judge of the court.

(b) 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 subdivision (a) of this rule.

(c) A motion made to other than a proper judge under this rule shall

be transferred to the proper judge.

(d) A motion for leave to reargue:

1. shall be identified specifically as such;

2. shall be based upon matters of fact or law allegedly overlooked or

misapprehended by the court in determining the prior motion, but shall

not include any matters of fact not offered on the prior motion; and

3. shall be made within thirty days after service of a copy of the

order determining the prior motion and written notice of its entry. This

rule shall not apply to motions to reargue a decision made by the

appellate division or the court of appeals.

(e) A motion for leave to renew:

1. shall be identified specifically as such;

2. shall be based upon new facts not offered on the prior motion that

would change the prior determination or shall demonstrate that there has

been a change in the law that would change the prior determination; and

3. shall contain reasonable justification for the failure to present

such facts on the prior motion.

(f) A combined motion for leave to reargue and leave to renew shall

identify separately and support separately each item of relief sought.

The court, in determining a combined motion for leave to reargue and

leave to renew, shall decide each part of the motion as if it were

separately made. If a motion for leave to reargue or leave to renew is

granted, the court may adhere to the determination on the original

motion or may alter that determination.