on the return date (see 22 NYCRR 1250.4 ). One adjournment, for a period of 7 to 14 days, is permitted upon written consent of the parties to the appeal, filed no later than 10:00 a.m. Oral argument is not permitted (see 22 NYCRR 1250.4 ). Unless otherwise required by statute, rule or order of the Court or any Justice thereof, the papers on a motion or cross motion must include the original notice of motion, supporting affidavit(s), and proof of service of the motion on all parties, a copy of the notice of appeal or other document which first invoked the jurisdiction of the Court, with proof of filing and proof or admission of service, and a copy of the order, judgment or determination sought to be reviewed, along with the court’s decision, if any (see 22 NYCRR 1250.4, 1000.4 ). What papers must I submit in support of my motion? of the business day preceding the return date (see 22 NYCRR 1250.4 ). Original answering and reply papers, with proof of service, must be filed no later than 4:00 P.M.

When must I file the motion? What is the deadline for the filing of a response to the motion by the other parties?Īll motions initiated by notice of motion must be filed with the clerk at least one week before the return date (see 22 NYCRR 1250.4 ). In computing the notice period, the date upon which service is made shall not be included (see General Construction Law § 20). At least 8 days’ notice is required for motions that are personally served 13 days’ notice is required for motions that are served by regular mail 9 days’ notice is required for motions that are served by overnight delivery (see 22 NYCRR 1250.4 ). on any Monday, or the first business day of the week if Monday is a holiday (see 22 NYCRR 1250.4 ). Unless otherwise required by statute, rule or order of the Court or any Justice thereof, motions must be made returnable at 10:00 a.m.

How do I determine the appropriate return date? The originals of all submissions must be filed, together with proof of service upon all parties entitled to notice (see 22 NYCRR 1250.4 ). How many copies of motion papers are required? There is no fee for motions in which poor person relief is requested, motions in matters in which poor person relief has been granted, motions made by an Attorney for the Child, or motions with respect to a criminal appeal. The fee is $45 (see CPLR 8022 ) payable by attorney check, certified check or money order made payable to the Appellate Division, Fourth Department (no cash, personal checks or credit cards are accepted). We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content.įor 15 years our company has published content with clear steps to accomplish the how, with high quality sourcing to answer the why, and with original formats to make the internet a helpful place.Yes. Our commitment is to provide clear, original, and accurate information in accessible formats. We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields. Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote.

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Motion to vacate dismissal sample