S T A T E O F N E W Y O R K
________________________________________________________________________
3521--A
Cal. No. 994
1999-2000 Regular Sessions
I N S E N A T E
March 9, 1999
___________
Introduced by Sen. VOLKER -- (at request of the Judiciary) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Codes -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the civil practice law and rules, in relation to motions
addressed to prior orders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Rule 2221 of the civil practice law and rules, as amended
2 by chapter 355 of the laws of 1986, is amended to read as follows:
3 Rule 2221. Motion affecting prior order. (a) A motion for leave to
4 renew or to reargue a prior motion, for leave to appeal from, or to
5 stay, vacate or modify, an order shall be made, on notice, to the judge
6 who signed the order, unless he OR SHE is for any reason unable to hear
7 it, except that:
8 1. if the order was made upon a default such motion may be made, on
9 notice, to any judge of the court; and
10 2. if the order was made without notice such motion may be made, with-
11 out notice, to the judge who signed it, or, on notice, to any other
12 judge of the court.
13 (b) Rules of the chief administrator of the courts. The chief adminis-
14 trator may by rule exclude motions within a department, district or
15 county from the operation of subdivision (a) of this rule.
16 (C) A motion made to other than a proper judge under this rule shall
17 be transferred to the proper judge.
18 (D) A MOTION FOR LEAVE TO REARGUE:
19 1. SHALL BE IDENTIFIED SPECIFICALLY AS SUCH;
20 2. SHALL BE BASED UPON MATTERS OF FACT OR LAW ALLEGEDLY OVERLOOKED OR
21 MISAPPREHENDED BY THE COURT IN DETERMINING THE PRIOR MOTION, BUT SHALL
22 NOT INCLUDE ANY MATTERS OF FACT NOT OFFERED ON THE PRIOR MOTION; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08690-02-9
S. 3521--A 2
1 3. SHALL BE MADE WITHIN THIRTY DAYS AFTER SERVICE OF A COPY OF THE
2 ORDER DETERMINING THE PRIOR MOTION AND WRITTEN NOTICE OF ITS ENTRY.
3 THIS RULE SHALL NOT APPLY TO MOTIONS TO REARGUE A DECISION MADE BY THE
4 APPELLATE DIVISION OR THE COURT OF APPEALS.
5 (E) A MOTION FOR LEAVE TO RENEW:
6 1. SHALL BE IDENTIFIED SPECIFICALLY AS SUCH;
7 2. SHALL BE BASED UPON NEW FACTS NOT OFFERED ON THE PRIOR MOTION THAT
8 WOULD CHANGE THE PRIOR DETERMINATION OR SHALL DEMONSTRATE THAT THERE HAS
9 BEEN A CHANGE IN THE LAW THAT WOULD CHANGE THE PRIOR DETERMINATION; AND
10 3. SHALL CONTAIN REASONABLE JUSTIFICATION FOR THE FAILURE TO PRESENT
11 SUCH FACTS ON THE PRIOR MOTION.
12 (F) A COMBINED MOTION FOR LEAVE TO REARGUE AND LEAVE TO RENEW SHALL
13 IDENTIFY SEPARATELY AND SUPPORT SEPARATELY EACH ITEM OF RELIEF SOUGHT.
14 THE COURT, IN DETERMINING A COMBINED MOTION FOR LEAVE TO REARGUE AND
15 LEAVE TO RENEW, SHALL DECIDE EACH PART OF THE MOTION AS IF IT WERE SEPA-
16 RATELY MADE. IF A MOTION FOR LEAVE TO REARGUE OR LEAVE TO RENEW IS
17 GRANTED, THE COURT MAY ADHERE TO THE DETERMINATION ON THE ORIGINAL
18 MOTION OR MAY ALTER THAT DETERMINATION.
19 S 2. Paragraph 2 of subdivision (a) of section 5701 of the civil prac-
20 tice law and rules is amended by adding a new subparagraph (viii) to
21 read as follows:
22 (VIII) GRANTS A MOTION FOR LEAVE TO REARGUE MADE PURSUANT TO SUBDIVI-
23 SION (D) OF RULE 2221 OR DETERMINES A MOTION FOR LEAVE TO RENEW MADE
24 PURSUANT TO SUBDIVISION (E) OF RULE 2221; OR
25 S 3. This act shall take effect immediately.
.SO DOC S 3521A *END* BTXT 1999
Bill S03521
[ Bill
Information ]