N.Y. Family Court Act § 355.2: Motion procedures

§ 355.2. Motion procedures. 1. A motion for relief pursuant to section

355.1 must be in writing and must state the specific relief requested.

If the motion is based upon the existence or occurence of facts, the

motion papers must contain sworn allegations thereof; such sworn

allegations may be based upon personal knowledge of the affiant or upon

information and belief, provided that in the latter event the affidavit

must state the sources of such information and the grounds of such

belief.

2. Notice of such motion, including the court's own motion, shall be

served upon the respondent, the presentment agency and the commissioner

of social services or the division for youth having custody of the

respondent. Motions shall be noticed in accordance with the civil

practice law and rules.

3. Each party to the motion shall have the right to oral argument and

the court shall conduct a hearing to resolve any material question of

fact.

4. Regardless of whether a hearing is conducted, the court, upon

determining the motion, must set forth on the record its findings of

fact, its conclusions of law and the reasons for its determination.

5. If the motion is denied, a motion requesting the same or similar

relief cannot be filed for a period of ninety days after such denial,

unless the order of denial permits renewal at an earlier time.