103) 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. A motion that is the initial application in a case commenced by the filing of a summons and complaint would require a motion fee since the filing of the summons and complaint rather than the application itself would require the purchase of an index number. /Author <> people of the state of new . The rules provide for application to the Administrative Judge to review certain assignment determinations. When the time to present a counter-order or counter-judgment has expired, the Order Section staff will review a submission. 001 pursuant to CPLR 3025 (b) for leave to amend the complaint to add 150 East 58 TH Street LLC ("150") and United Elevator Consultants, Inc. ("United") as party defendants. NOTICE: This site is purely a religious organization, anything that seems like political or health based discussion is simply our religious doctrine and beliefs. 7 0 obj 5 29 0 obj Rather, the matter will be adjourned for three days to permit compliance. endobj endstream when new changes related to " are available. In order to improve court efficiency in the Civil Branch and the Commercial Division, the New York Supreme Courts utilize staggered court appearances. <> x}N0sKuE%TJz@/gbKT6W$X`GZ53qC;>vF1Rp:Q%.$L8KNZ1u1RSk$iB%s*Q/']?V$t$vc3HV~" /RZ]RiMd:DHs%>mm To obtain notification of the argument date and other developments, counsel should use e-Track (see above). Sometimes a decision will state "Submit Order." DATED:_____, New York _____ __, 201_ _____ HONORABLE XXXXXXXXXXXX Associate (or Presiding) Justice Appellate Division, Third Judicial Department 32 0 obj endobj endstream endstream 2 0 obj <>/K 5/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> The Gateway Pundit reported last month that Lakes lawsuit to overturn the rigged and stolen 2022 Gubernatorial Election in Maricopa County was dismissedin the Arizona Court of Appeals. Applications for adjournments that are not properly supported will not be entertained. xuj ^Wi ,zFX~G1p9>ZyzrFIt0 gNH%-&ca=Oo7kztY}A{r.o}F G0N KS')E3_,Mwq[0Dy_S*`X#\,sh Once the submission has been reviewed and found proper in form, it will be sent to Chambers. Any such submission that is presented more than 30 days prior to the return date will not be accepted at that time. This service will provide the same notification for all other developments -- e.g., conference dates, trial dates -- recorded in the court's case history computer program. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. county of new york . 10 0 obj Counsel for the movant need not appear to "take a default" on any motion or for any other reason. endobj <>/K 3/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> There are two categories of exception. 4Q04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ : endobj /Producer <504446204D656C64202D20467954656B2C20496E632E2028687474703A2F2F7777772E667974656B2E636F6D29> xS*r This election must be thrown out on the machine failure issue alone. 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. Second Circuit Court has ruled against New York state and will now allow the Senaca Nation's case against the state to go to court. 12 0 obj A proposed long form order or judgment in compliance with Rule 202.48 of the Uniform Rules for the Trial Courts must be presented to the relevant back office, together with a notice of settlement which bears a settlement date, the date on which the order is to be ready for formal presentation to the Justice. Orders in cases under Article 81 of the Mental Hygiene Law and orders for receivership and other fiduciary accountings are to be settled in the Guardianship and Fiduciary Support Office (Room 158) because of the special expertise required to review them. 6o/ Lakes attorneys took note of this attack on the voters, writing, If allowed to stand, the Opinion will make commonplace the type of official arrogance exemplified by Maricopas blaming of Republicans for voting on Election Day: you reap what you sow.. Elaine Stimmel v. Goldberg'S Famous Bagels Of East Hampton, Inc. Marissa Pollina v. Middle Neck Associates Llc, Middle Neck Road Theater As, STATEMENT OF MATERIAL FACTS (Motion #3) - Plaintiff's Counter-Statement to, Jazzy Rivera v. Durable Diesel Inc., Mark Antonio Evans, DEMAND FOR: - Avon Products, Inc.'s Request for Dismissal, Susan Danelle Baldwin Smith, Stephen Charles Smith v. Avon Products, Inc.,, MEMORANDUM OF LAW IN REPLY (Motion #003) - MOL in further support, Jennifer G. Flannery, Esq. We hear more than three million cases a year involving almost every type of endeavor. 16-621(E), 16-449, 16-452(C), argues Lakes attorneys in their Petition for Review., causing massive disruptions, hours-long lines and disenfranchising thousands of predominantly Republican voters on Election Day.. 37 0 obj 4 0 obj <>/FirstChar 32/LastChar 121/Widths[278 0 0 0 0 0 0 0 0 0 0 0 0 0 278 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 722 0 722 0 0 0 0 0 0 0 0 0 0 0 0 667 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 611 556 611 556 0 0 0 278 0 0 278 889 0 611 0 0 389 0 333 611 556 778 0 556]>> In such cases, by definition consolidation will not have been directed since consolidation signifies the combination of more than one case into a single one with a single caption and index number and ending in a single judgment. x}N0suE% <>stream Maricopa County clearly disenfranchised tens of thousands of voters on election day with deliberate machine failures targeting Republican voters. 9 AM - 3 PM, County Clerk Archives Corel PDF Engine Version 15.0.0.512; modified using iTextSharp 5.4.1 2000-2012 1T3XT BVBA (AGPL-version) 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. Lake also filed a Motion To Expedite her case, arguing that expeditious action to resolve these issues is needed to safeguard Arizona voters right to free and equal elections., The Maricopa County Superior Court and Arizona Court of appeals disregarded the evidence, ignoredthis Courts precedents for reviewing election contests and ratified Maricopa officials decision to ignore Arizonas ballot chain-of-custody (COC) and logic and accuracy testing (L&A testing) requirements set forth in Arizonas Election Procedures Manual (EPM), and A.R.S. Your alert tracking was successfully added. This process of incorporation in separate, very brief motion papers should be repeated in each related case in which a party wishes to make the identical motion. BREAKING: Maricopa County Kept a GOP Heat Map of Expected Voters Hanging on Their Wall Then 84 PERCENT of Voting Centers with Machine Problems on Election Day were in DEEP RED DISTRICTS! ), Since New York established its summary judgment procedure in 1921, summary judgment has proven a valuable, practical tool for resolving cases that involve only questions of law. (Brill v. City of New York, 2 N.Y.3d 648, 650-51 [2004]; Merritt Hill Vineyards v. Windy Hgts. 2022 ("Faherty .")Aff, in support of their motion byorder to show cause for a preliminary injunctionand appointment of a monitor. The Courtroom also maintains a "APB (All Papers By)" Calendar, which is used when a party seeks an adjournment but fails to comply with the Courtroom's procedures or there is a failure to comply with procedures that requires the clerk to adjourn the motion/application (e.g., failure to submit a Confirmation Notice or required working copies in an e-filed case). 2010].) Any appearing party is expected to give notice to all parties and an announcement to this effect is made in Room 130. Proof of timely service on the other parties must accompany the proposed order in a hard copy case. Index No. PrintServer150 endobj <>stream R. 34; Uniform R. 202.23 (adopted eff 2/1/21). Vineyard, 61 N.Y.2d 106, 112 [1984].) (a) Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, the court may direct that there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. endstream <>stream However, Lakes claim is not that the signature verification procedures are unlawful. (Domestic commercial arbitration matters are subject to the threshold.) (Alvarez v. Prospect Hosp., 68 N.Y.2d 320 [1986].) 10 0 obj Motions will be submitted, not marked off, in the absence of the movant. Where a briefing schedule has not been agreed upon, the movant can avoid the need to attend simply to see if anyone will hand up opposing papers by demanding papers as provided by CPLR 2214(b). 16 0 obj endstream Theme: Newsup by Themeansar. The affidavit/affirmation must have been served before the date on which the request for adjournment is made. Privacy Policy Lake filed a Petition For Review Of A Special Action Decision Of The Court Of Appeals, supplementary appendixes, and a Motion To Expedite Review on Friday, March 1 in the Arizona Supreme Court. Let's Break the Censorship Together, Opt in and Spread the Word! New York courts have consistently denied summary judgment motions as premature when discovery has not yet taken place. <>stream <>stream Counsel/parties must advise the court, either between 9:00 A.M. and 9:30 A.M. or at the "call," of all motions or cases that have been resolved by counsel/parties themselves and all motions that the movant no longer wishes to pursue. Where appropriate, summary judgment is a great benefit both to the parties and to the overburdened New York State trial courts. << If the clerks review determines that the threshold is not met and the matter does not fall within one of the exceptions, the clerk will assign the case at random to a General Assignment Part. 28 0 obj -a2 "U@?RrwWX8/`#qD9zsV` Your subscription was successfully upgraded. On occasion, attorneys may wish to make a motion in more than one case on a single set of papers. 4 0 obj Law & Rules, 3212(g).) x+ | <> endobj endstream Counsel may also learn the results of the "call" by consulting the Law Journal. endobj Additional discrepancies, including missing chain of custody documentation for hundreds of thousands of ballots, Maricopa Countys failure to verify signatures on hundreds of thousands of ballots, and suspicious vote reporting irregularities, likely nullified the votes of hundreds of thousands of voters. 2 Motions & Special Proceedings By Notice of Motion/Petition, 1st JD - Supreme Court, Civil Branch, NY County, Subpoenaed Records/Interpreters/Withdrawal, Rules of the Special Referees Part (Part SRP), Notice of Hard Copy Submission - E-Filed Case. When deciding a motion for summary judgment, the court must view the evidence in a light most favorable to the non-moving party and must also give the non-moving party the benefit of all reasonable inferences which can be drawn from the evidence. 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. 6 0 obj Law & Rules, 3212(e).) Twitter, Facebook, Reddit, Medium, WordPress, Google, Gmail (literally), Blogspot, Instagram, Pinterest, LinkedIn, PayPal, LiveJournal, Soundcloud, Dailymotion, Vimeo, Tumblr, Flickr & Youtube and probably several others I forgot about. 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.. <> endobj <> 4 0 obj xn0yI(Jak5AhD! m;(? County. We hope that this site will contribute to making our court and the judicial system of this State more comprehensible and accessible to all. 11 0 obj <>stream You can read our entire affiliate disclaimer here. 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. Self-represented parties, however, are not required to e-file unless they choose to do so and if not participating do not have to attach the Notice of Hard Copy Submission. 10 18 0 obj endstream 202.5-a (b). Q <>stream Any such application must be made in a timely manner. *dKTF-~v$OmA~}- Applications or motions that commence an action and for which an index number fee must be paid require no motion fee. 14 0 obj A motion is a request for a court order. 451685/2020 nyscef doc. %PDF-1.6 The Gateway Pundit will continue to provide updates on Kari Lakes fight to Save Arizona! endobj 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.. endobj Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at 9:30 AM. 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. E-filing through the New York State Courts Electronic Filing System ("NYSCEF") is mandatory in all cases (except for Article 70 (habeas corpus) proceedings, Article 78 proceedings, and election law, matrimonial, and Mental Hygiene Law matters.) The monetary threshold in the New York County Commercial Division, which is generally applicable, is an amount in controversy of $ 500,000 or more (exclusive of punitive damages, interest, costs, disbursements, and counsel fees). However, any motions made after the initial applications in these situations would require payment of the motion fee. xS*r Given the purpose of the Room 130 procedure, the substance of motions will not be addressed at the submission "call." x+ | ^hw/xYZs V3X4nV5ziNh]2^^L:@VO%+!.DxuLG] Fjj>qdN JD~N(Pr(T.Y_eYv?mB;4"0byr}.1i)Cqy:?o Your credits were successfully purchased. 31 0 obj 7 0 obj endstream 4 (Negri v. Stop & Shop, Inc., 65 N.Y.2d 625 [1985]. endobj 25 0 obj endstream 17 0 obj % <> xS*r endobj 27 0 obj 8 0 obj (31 Chambers, 7th Fl.) 2013-04-25T19:00:18Z 8 0 obj oKJ` { :ZjoL`08.r.sQkNAHe&/,UT5^(uHIwsbv=S K^4K;:~o-tU"c3JTJS*y5BG/GeO2bIs6Jmdng % ), New York courts have consistently denied summary judgment motions as premature when discovery has not yet taken place. This requires cooperation and participation of litigants. <>/K 7/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> endobj Welcome to the web site of the Civil Branch of the Supreme Court of the State of New York, New York County. Local Rule 6.1(d) - No ex parte order, or order to show cause to bring on a motion, will be granted except upon a clear and specific showing by affidavit of good and sufficient reasons why a procedure other than by notice of motion is nece ssary, and stating whether a previous application for similar relief has been made. 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. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ALEXANDRIA GAYLE WILLIAMS and JIMMY JON WILLIAMS AS GUARANTOR Plaintiffs, -against- 4545 EAST COAST LLC Defendant Index No. xuKj0>J~1!Hh 4$dw$Y*^e}Uj#]I r[$%Ack"<9kiJ 7p~\l%^l3s f}k{;7y}H8YZdZU7XsVU%H#{X9/`#D9;xsV` The court may permit communication by counsel (with each other and with the court) via e-mail in cases not pending in the NYSCEF and, in the court's discretion, counsel are to submit memoranda of law by email, or other electronic means (like a flash drive) together with an original and a courtesy copy. 14 0 obj endstream 14 0 obj This Appeals Court made its decision despite the massive machine and printer failures that targeted Election Day voters, turning out for Kari Lake and Republicans 3:1. There are some differences in electronically-filed cases, which are noted below and explained in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases on this site (under E-Filing). [A] motion for summary judgment may not be defeated by a response based on surmise, conjunction and suspicion. (Shapiro v. Health Ins. endobj Affidavits or affirmations in support of the motion and a memorandum of law will not be accepted at that time, but shall instead be submitted in the Motion Submission Part Courtroom (Room 130) on the final return date. E-mail notification of the issuance of the decision or order is provided by e-Track. Subsequent documents on motions/petitions in e-filed cases shall be e-filed in a timely manner. filed: new york county clerk 01/18/2022 10:58 pm index no. 4V04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ :h No. <>stream xKj0>UG-AEPpq%!+P# Uotj#T9E(P3Q<9PW;?NyuZl +>vWcA90&/yFKFpttl.If(G!CnbIg{&2B These matters will then appear on the APB Calendar. Counsel should not place a series of captions and index numbers on the single set of moving papers since this may lead to confusion and court staff will be unable to determine under which case to record the motion in the courts computer and in which file to place the papers. 4 The executed form shall be delivered to the New York County E-Filing Department (60 Centre Street, Room 119 A; newyorkef@courts.state.ny.us; 646-386-3610). We have designed this web site to provide useful information about our court and about the Office of the County Clerk of New York County (Hon. <>stream endobj endstream CPLR 304. Filing the Request for Judicial Intervention: In an unassigned case, counsel must submit an RJI (UCS 840, 2012 version, and addendum, if required) and, in a hard-copy case, exhibit an index number receipt as proof that an index number fee was paid. 13 0 obj 4 0 obj A principal rationale of partial summary judgment is to narrow the number of issues presented to the jury. (Rodriguez v. City of New York, 31 N.Y.3d 312, 324-325 [2018]. Notice of the issuance of the decision/order is also recorded in the court's case management system. If any defects in the papers are found, the staff will note those defects for counsel. Private lots in area. << > | endobj 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. The submitting party should prepare a long form order and make it returnable without notice. <>/K 9/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> <>stream If the filer is a party to a case in which someone else purchased the index number, a receipt showing that the purchase has been made can be obtained from a computer terminal in the County Clerks Office. x+ | See Uniform Rule 202.8(d). 12 0 obj 13 0 obj stream endstream Pursuant to request of some Justices, motions submitted in Room 130 will automatically be scheduled for a set argument date in the Part. Where required, working copies of the moving documents and all other documents on the motion or application shall be submitted to the Motion Submission Part Courtroom (Room 130) on, but not before, the final return date. Supreme Court of the State of New York, Appellate Division, Third Judicial Department. <>/K 11/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> endobj xS*r <>stream %PDF-1.4 % 2 0 obj <>stream %PDF-1.4 An attorney whose office is located outside the County of New York may submit to the General Clerk's Office by mail or express delivery service the notice of motion/petition, proof of service, and 202.7 affirmation/affidavit and the photocopy thereof, together with the motion fee ($45) in the form of a money order or attorney's check (a law firm or Esq. 11 0 obj Information and Notifications About Calendaring and Adjournments: Attorneys may obtain information on the status of a motion or special proceeding by consulting the Supreme Court Records On-Line Library ("Scroll"). Motion calendar information is also accessible on the website of the Unified Court System (at "E Courts" at www.nycourts.gov). Satellite Facilities. }bfe}jY_ z~P$NQ8,V. [DOCUMENT] Donald Caufield v. Consolidated Rail Corporation, American Premier Underwriters, Inc. fka The Penn Central Corp., individually and/or as successor-in-liability and/or interest to Penn Central Transportation Co., Pennsylvania RR, New York Central RR, Lehigh Valley RR Co., Erie-Lackawanna Railway Co., Erie-Lackawanna, Inc. [DOCUMENT] Davidoff Hutcher & Citron Llp v. Maria Del Pilar Nava Parada. 9 0 obj The party filing the paper must retain the original paper for 60 days in case any issue should later be raised about the PDF copy submitted. This information identifies all motions that were marked submitted and automatically scheduled for argument/appearance, together with the Part and the date set down for argument/ appearance; all motions that were marked submitted and sent on to the assigned Justices in cases assigned to Justices who do not automatically schedule argument or appearance; all motions that were marked "submitted on default"; all motions that were adjourned and the adjourned date; and all motions that were marked "withdrawn." 7 0 obj We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. All motions/proceedings brought on by notice of motion or notice of petition, in both assigned and unassigned cases, shall be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day at 9:30 A.M. 1000 <> The affidavit shall be by a person having knowledge of the facts; it shall recite all the material facts; and it shall show that there is no defense to the cause of action or that the cause of action or defense has no merit. (Id. Jy_ z~P $ NQ8, V making our court and the Commercial Division, Third judicial Department matters subject... Has expired, the New York, 31 N.Y.3d 312, 324-325 [ 2018 ]. will. To review certain assignment determinations expired, the order Section staff will review a.... Partial summary judgment motions as premature when discovery has not yet taken place make a motion is a benefit. 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Third judicial Department judgment may not be defeated by a response based on,... To make a motion in more than one case on a single set of.! Inc., 65 N.Y.2d 625 [ 1985 ]. when New changes related to `` take default... State trial Courts Alvarez v. Prospect Hosp., 68 N.Y.2d 320 [ 1986 ] )! Partial summary judgment motions as premature when discovery has not yet taken place exception. @ H! $ K # (,3 % 5E! R91'D3 X\P/9... E-Filed in a timely manner `` Submit order. Opt in and Spread the Word claim is not that signature! Learn the results of the issuance of the issuance of the motion fee obj 5 29 0