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July 2, 2009
Subject: Quiz of the
Month, Appellate Division Motion Reminders and Updated Practices for Judge
Pauley
Now that June has passed
it might be a good time to remind our clients about a few motion procedures
that vary from one Appellate Division to another in New York. We mention the end of June since
that appears to be a motion rule that can be easily over looked in the
First Department which has different days in which you can make motions
returnable. One of our favorite rules is in the Third Department where it
mentions the requirement that all papers must be type written. Please find
below a few motion rules our clients should be aware of especially in the
Fourth Department.
First Department
Any application, brought
on by notice of motion, may be made returnable on any regular business day
of the court during the period September 1 through June 30 and on Mondays
during July and August, at 10 o'clock in the forenoon unless otherwise
ordered by a justice of the court. By noon of the business day preceding the
day on which a motion is returnable the moving party must file with the
clerk the original moving papers with proof of service. The originals
thereof with proof of service must be filed by 4 o'clock in the afternoon of the business
day preceding the day on which the application is
returnable, unless for good cause shown they are permitted to be filed at a
later time.
Second Department
Every motion shall be
made returnable at 9:30 A.M. on any Friday. All motions and
proceedings initiated by notice of motion shall be filed with the clerk at
least one week before the return date. All papers in opposition shall be
filed with the clerk before 4 P.M. of the business day preceding the
return date.
Third Department
Motions shall be made
returnable on Monday (or if Monday falls on a holiday, on the next business
day), whether or not court is actually in session. Papers and memoranda shall be
typewritten. The
original moving papers shall be filed with proof of service as soon as
possible. Papers in opposition to a motion made pursuant to notice of
motion shall be filed at or before 11 a.m. on the Friday before the return
day.
Fourth Department
Motions shall be
returnable at 10:00 A.M. on any Monday (or, if Monday is a legal holiday, the
first business day of the week), regardless of whether the Court is in
session. All papers in support of or in opposition to a motion or cross
motion shall be filed in the Clerk's Office no later that 5:00
P.M. on
the Friday preceding the return date. When Friday is a legal holiday,
papers shall be filed no later that 5:00 P.M. on the Thursday preceding the
return date. Filing is accomplished by the physical delivery of the
necessary papers to the Clerk's Office. The papers on a motion or cross motion shall contain a
copy of the notice of appeal or order of transfer with proof of admission
of service, a copy of the order or judgment
being appealed and a copy of any prior order of this court. The court also requires an
original and one of all papers.
Judge William
Pauley
Judge Pauley has
recently updated his individual rules. If you have any cases before him,
please download a copy and forward them to the attorneys working on the
cases. <<details>>
CourtAlert
services - Data from Appellate Division First and Second Departments
*
Watch
service for dates and decisions, including decision text. <<details>>
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Google-type
search to AD1 and AD2 decisions, please see <<details>>
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Copies
of Notice of Appeals for all new filings - a Business Development Tool, for details please
contact Support@CourtAlert.com
NYS Supreme/NY County judges vacation schedule:
This schedule tends to
change throughout the summer, last update was yesterday. Please click here
for more details.
Quiz of the Month
This month's winner is:
Edward D. Miller of Farrell Fritz, P.C.
*As soon as we have
received the correct answers we will post them on the Tip of The Week for
that day. We will accept individual responses from other members of your
staff or firm, but the winning submission can only come from one person and
not a combination of answers from the same firm. Responses by email will
only be accepted. Please email your answers to Support@CourtAlert.com or reply to
this email.
Quiz Topic: Since
today's topic deals with the Appellate Division let's focus out attention
there. Since today is a half day for most clients we made the questions
nice and easy.
1. What is the fee for
filing a record in the Appellate Division? $315
2. What is the fee for
filing a motion or cross motion in the Appellate Division? $45
3. What is the filing
deadline in the First Department to have your case heard for the September
2009 Term? 7/13/09
4.
The Second Department is located at ___ Monroe Pace (fill in the
number)? 45
We are Committed to Remain the Best!
Thank you and have a safe July 4th weekend,
Izzy Schiller, President
CourtAlert
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