*Weve adopted it as such, its not ours. Attorneys may obtain e-mail notification of court developments with regard to a motion or special proceeding -- calendaring, adjournments, argument date, submission date, issuance of decision, issuance of a long form order -- by signing up with the court system's e-Track case notification service. endobj Subsequent Papers on Motions Returnable in Room 130: Cross-motions, papers in opposition, and reply papers on motions/petitions on notice returnable in Room 130 in a hard-copy case shall be submitted to the Motion Submission Part Courtroom (Room 130) on the final return date of the motion/petition and will not be accepted until that date. 80 Centre Street 713984/2020 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BELKIN BURDEN GOLDMAN, LLP Attorneys for Defendant 270 Madison Avenue New York . (Negri v. Stop & Shop, Inc., 65 N.Y.2d 625 [1985]. Each day in the Motion Submission Part Courtroom, commencing at 9:30 A.M., all motions returnable that day will be "called" for the submission of these papers, which must be handed up at this "call" or, as described below, immediately before. /Encoding /WinAnsiEncoding When a Justice directs in a decision that a long form order or judgment be settled, that decision is recorded in the courts computer system by the General Clerk's Office and the motion file with decision is held in the Order Section of the Office in Room 119. See E-Filing for information on the requirements of Justices in this regard. <> <>stream <>/K 9/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> Other Justices determine on a case-by-case basis after submission in Room 130 whether to accept a particular substantive motion on submission, to require oral argument, or to hold a conference. 646-386-3685 (80 Centre), 71 Thomas Street endobj See Subd. >> This also created extremely long wait times, which prevented thousands of voters from even attempting to cast their ballots. endobj If an order or judgment is submitted late (later than 60 days from signing and filing of the decision) and the proponent can show good cause for this tardiness, an affidavit or affirmation justifying the delay should be annexed to the proposed order, together with proof of service thereof. Information on a motion appearance in an individual case is also available from the court's Supreme Court Records On-Line Library ("Scroll") and from private information services. Decisions: Issuance, Processing, Access to Copies with Entry Stamp, and Public Information: In e-filed cases, all decisions on motions and related orders are posted to the NYSCEF system (and entered when the County Clerk affixes a "Filed" stamp thereto in NYSCEF) and notification of the decision and order (which does not constitute notice of entry by any party) is sent immediately to all e-filing parties by e-mail. 10 0 obj <> Index No. Proudly powered by WordPress << /Length 1 >> 16-621(E), 16-449, 16-452(C), argues Lakes attorneys in their Petition for Review., The court of appeals Opinion denying petitioner Kari Lakes appeal ruled that Arizona election laws dont matter.. This service will provide the same notification for all other developments -- e.g., conference dates, trial dates -- recorded in the court's case history computer program. The Gateway Pundit reported on a recent Arizona Senate Elections Committee presentation which revealed that nearly 300,000 mismatched or fraudulent mail-in ballot signatures were illegally counted in Maricopa Countys 2022 Election. Proposed orders or judgments that did not arise out of a formal motion (e.g., out of a conference or trial) should be submitted to the Part of the assigned Justice. 2 0 obj Obviously, the moving attorney must be counsel of record in the case in which the motion is being made. New York County Courthouse 60 Centre Street New York, NY 10007 646-386-3600. -a2 "U@?RrwWX8/`#qD9zsV` General Clerk's Office, New York County Supreme Court, Room 119, 646-386-3030, newyorkef@nycourts.gov Motions/Special Proceedings by Notice -- General Clerk's Office, Room 119, 646-386-3030 Submission Process -- Motion Submission Part Courtroom (Room 130) Ex Parte Motions (non-Commercial Division) -- Ex Parte Office, Room 315, 646-386-3125 /Creator <> 4 0 obj Affidavits or affirmations in support of the motion and a memorandum of law will not be accepted at that time, but shall instead be submitted in the Motion Submission Part Courtroom (Room 130) on the final return date. <>stream The Supreme Court Records On-Line Library ("Scroll") will also reveal such information for individual cases (with a brief time lag from entry of the data into the court's computer system), and, as noted, e-Track will provide e-mail notification. endobj It shall thereupon make an order specifying such facts and they shall be deemed established for all purposes in the action. (Id. County. Law & Rules, 3212(b).) SUPREME COURT OF THE STATE OF NEW YORK . Merchan was designated to the bench by Chief Administrative Judge Ann Pfau in 2009. endstream 40 0 obj ORDERED that the motion brought on by this order to show cause shall not be orally argued unless counsel are notified to the contrary by the Clerk of the Court. %PDF-1.6 In special proceedings and with regard to motions pursuant to CPLR 3213, counsel should file the original petition and a summons and the original motion papers with the County Clerk to commence the case, e-filing them when required. Plan of Greater N.Y., 7 N.Y.2d 56, 63 [1959]. endstream /Type /Font endstream B9ys^`J*"E(TBAX endstream xS*r Description. endobj Follow Conspiracy Music Guru Here. Lakes attorneys credited Maricopa Countys failures for causing massive disruptions, hours-long lines and disenfranchising thousands of predominantly Republican voters on Election Day., Qualified data analyst,Senior Lecturer Emeritus in the Department of Computer Science and Engineering at Texas A&M, and consultant for major national and international firms and government departments,Walter C. Daugherity declared under penalty of perjury that over 7,000 ballot insertion failures occurred in almost every single 30-minute period for the entirety of Election Day, starting at 7 am and after 8 pm.. Any such message may be sent up to 5 P.M. of the day before the return date of the motion to which it relates. Analytics. <> 13 0 obj Neutralizing the Spike Protein: Shikimic Acid*. 41 0 obj 9 0 obj 20 0 obj endobj <>stream Pay Just S&H For Most Items! 1 0 obj 43 0 obj <>stream <> endobj Working copies when required shall be submitted to Room 130 on the final return date. E-mail notification of the issuance of the decision or order is provided by e-Track. x+ | Submitting Papers Prior to the "Call": For the convenience of counsel, between 9:00 A.M. and 9:30 A.M. each day, in advance of the "call," Room 130 accepts (1) written stipulations; (2) affidavits/affirmations reciting the required details as to an adjournment on consent; (3) stipulations, letters or other writings withdrawing motions; and (4) final papers or complete sets of papers on motions. New York, NY10007 No appearance is required of any party and the settlement date is not the day on which the papers will actually be presented to the Justice. stream Attorneys are not required to be present in Room 130. X "T$NI\/ RtwdKBpV89z[ `4?-0#y|JtN?N[X 90-u$(Q"WxAy} :xZv!1 WktAssMTMyiF2 S[16. endobj When the time to present a counter-order or counter-judgment has expired, the Order Section staff will review a submission. 5 0 obj endobj Some Justices require that working copies of e-filed motion papers be submitted. Basic Procedures in Room 130 -- Collection of Papers: The purpose of the Room 130 procedures is to achieve an easy and efficient means for attorneys to submit and the court to collect all motion papers (e.g., affidavits/affirmations in support or memorandum of law in support) not submitted with the initial papers used to calendar the motion, and opposition, cross-moving and reply papers in connection with hard copy motions on the calendar, as well as working copies in e-filed cases where such copies are required. 24 0 obj New York, NY10013 O(PQ^|Mer_!kN+Ay9p^ The return date and time of the proposed order must be at 9:30 A.M. no sooner than either five days from personal service of the proposed order or ten days from service by mail. See Section E. The results of the submission process for all motions "called" in the Motion Submission Part Courtroom have been published in the New York Law Journal two days after each return date. /Encoding /WinAnsiEncoding | The court's goal is to be able to collect papers on motions in an orderly fashion but without any attorney having to make an appearance in Room 130 at any time. After the fraud of the century in the 2020 Election, the exact same issues and more showed up in 2022 and robbed Kari of her rightful seat as Governor of Arizona. 18 0 obj Any proposed counter-order or counter-judgment must be accompanied by a copy marked to indicate all respects in which it differs from the proposal to which it responds (Uniform Rule 202.48 (c) (2)), and must bear an affidavit of service in a hard copy case and have been timely served pursuant to the Rule. endobj endobj If argument is directed by the Justice automatically, notice of argument and the argument date will be given in Room 130. The Gateway Pundit reported last month that Lakes lawsuit to overturn the rigged and stolen 2022 Gubernatorial Election in Maricopa County was dismissedin the Arizona Court of Appeals. R. 34; Uniform R. 202.23 (adopted eff 2/1/21). endstream If there are defects, they will be brought to the attention of the party who presented the submission. endobj 31 0 obj <>/K 10/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> x}Kj0>: CmB@}$. x]$9rPg Counsel for the movant need not appear to "take a default" on any motion or for any other reason. stream Rather, Lake challenges Maricopas misconduct in failing to follow signature verification procedures in the 2022 election, Lakes attorneys argue. endobj Supreme Court of the State of New York Westchester County Courthouse 111 Dr. Martin Luther King, Jr. Boulevard White Plains, New York 10601 Courtroom 103 - 1st Floor Tel: (914) 824-5415 Fax: (914) 824-5885 Staff Judith M. Shampanier, Principal Court Attorney (914) 824-5416 Joseph S. Hadala, Assistant Court Attorney and Secretary (914) 824-5415 For this purpose, the term "action" shall mean any application to the court that requires the assignment of an index number, regardless of whether a formal pleading is filed. Supreme Court of the State of New York, Appellate Division, Third Judicial Department. endobj Assistant Law Clerk to Kathy J. of counsel. These matters will then appear on the APB Calendar. Your credits were successfully purchased. Adjournments by Affidavit/Affirmation of Consent: If all parties consent to an adjournment as allowed by these rules but a written stipulation cannot be obtained in time for submission, the applicant for the adjournment on consent may submit an affidavit or affirmation reciting that such consent was obtained. stream 3 endobj 8 0 obj <>stream First, the threshold is not applicable and the case may be assigned to the Division if it seeks equitable or declaratory relief. <>stream 10 The affidavit/affirmation must have been served before the date on which the request for adjournment is made. 25 0 obj Because hundreds of motions appear on the Room 130 calendars every day, motion papers (other than part of the moving papers as described above) cannot be accepted on any day prior to the return date. Except as to decisions that call for settlement of an order or judgment, the decisions as posted generally bear the County Clerk's entry stamp so that counsel may serve a notice of entry promptly and without having to make a trip to the courthouse to retrieve a copy of the decision with entry stamp. Sometimes a decision will state "Submit Order." x}N0suE% Hard Copy Cases: In hard copy cases, an attorney seeking to calendar a motion/petition on notice shall present to the General Clerk's Office (Room 119) only the original notice of motion/petition, proof of service thereof, and any annexed Rule 202.7 affirmation/affidavit. x+ | The fee must be paid on written cross-motions filed in opposition to motions on which a fee is required and also in opposition to applications or petitions for which a motion fee is not required. (Friends of Animals, Inc. v. Associated Fur Mfrs., Inc. 46 N.Y.2d 1065, 1067 [1979]. New York City Small Claims Court Forms Includes general forms, notices and motions to show cause, stipulations, and appeals. Where in the narrow circumstances described by the e-filing rules a motion is made in hard-copy form or opposition papers are submitted in such form in an e-filed case, the hard-copy documents shall be submitted in the same way papers are submitted in non-e-filed cases, except that there shall be firmly affixed to each separate document or group of documents, as the back page facing out, a Notice of Hard Copy Submission - E-Filed Case. Once the submission has been reviewed and found proper in form, it will be sent to Chambers. 6 0 obj x+ | Judge Name. Learn What NESARA/GESARA is HERE. (f) (1). Prac. The case may be put over for three days to allow compliance with those procedures, as described further below. 10 xuKj0>J~1!Hh 4$dw$Y*^e}Uj#]I r[$%Ack"<9kiJ 7p~\l%^l3s f}k{;7y}H8YZdZU7XsVU%H#{X9/`#D9;xsV` 8 0 obj endstream 11 0 obj If the threshold is met or if an exception applies, the clerk will assign the case at random to a Commercial Division Justice, who will review the case to ensure that it is one that properly belongs in the Division as provided by Rule 202.70 (b) and (c). Welcome to the web site of the Civil Branch of the Supreme Court of the State of New York, New York County. Cross-motions are not assigned sequence numbers, i.e., they are treated as appendages to the main motion for processing purposes. 14 0 obj Get Awesome Patriot Gear Today! She followed through today on her promise to appeal to the Arizona Supreme Court! check with New York address) made payable to the New York County Clerk (personal checks are not accepted unless certified), provided that the package arrives within the time set forth in the next paragraph. As an Amazon Associate I earn from qualifying purchases. 7 cross-motion to compel and in opposition to . Uniform Rule 202.70 (b). <>/K 3/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> endstream (Gruenfeld v. City of New Rochelle, 72 A.D.3d 1025, 1026 [2nd Dept. <>stream 16 0 obj Vineyard, 61 N.Y.2d 106, 112 [1984].) endobj x+ | The rules provide for application to the Administrative Judge to review certain assignment determinations. Get Cool Gear & Fund STN endstream x}N0{8$.(hHET8\f>Ab_pUI; E;>. <>stream 1,000 Different Studies Show Extensive Evidence of COVID-19 Vaccines Adverse Events, read them HERE. filed: new york county clerk 01/18/2022 10:58 pm index no. no . 4 If the decision of the court directs that a proposed order be settled or submitted in the Part or in Chambers, that direction, should, of course, be followed without presentation of the proposal to the back office. eric r. haren . A>=GaG/v(t(2HV~. Advance Publication of Room 130 Calendars: Two days prior to the return date, the New York Law Journal will publish, in alphabetical order, the calendars of all motions returnable in the Courtroom on that date. , Appellate new york county supreme court motion support, Third Judicial Department is directed by the Justice,. Thereupon make an order specifying such facts and they shall be deemed established for all purposes the! 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