new york county supreme court motion support

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. <>/ProcSet 52 0 R/XObject<> >>/StructParents 0/Type/Page>> x+ | <> New York courts have consistently denied summary judgment motions as premature when discovery has not yet taken place. x+ | 4 x+ | /Keywords <> endobj Index Number Application (PDF) (Fillable PDF File) Index Number Application (DOC) (Doc File) This form is necessary to commence a civil court action. B9ys^`J*"E(TBAX Receive Daily Banned News StoriesTHEY Don't Want You to Know! endstream 14 0 obj 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. 2. <>stream endstream <>stream Also, this website is a participant in the Amazon Services LLC Associates Program. 1045 Appointed By: Chief Administrative Judge Lawrence K. Marks Bio At a Glance NEW Motions NEW Outcome NEW Case Milestones NEW Biography The Courts did not even allow Lakes team to examine the signatures and demonstrate that the signature verification procedures were violated, nor did they require Maricopa County to prove they followed early ballot procedures for signatures and chain of custody. On directions to settle or submit an order, see David D. Siegel & Patrick M. Connors, New York Practice Sect. Any appearing party is expected to give notice to all parties and an announcement to this effect is made in Room 130. Due to the volume of matters on the Room 130 calendar each day, it will not be possible for court staff to respond to every e-submission to indicate whether it has been granted or not. <> <>/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]>> 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.. 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.. Delivery of papers by service or a clerk will suffice. 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. Where counsel seeks to make a motion affecting more than one case using a single set of papers, the moving papers should bear only one caption and index number, that of the case in which the motion is being made, which may be the principal case of the group involved. <> endobj 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. You will lose the information in your envelope, AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE, Wilmington Savings Fund Society, Fsb, D/B/A Christiana Trust, As Trustee F, NOTICE OF APPEAL (Motion #006) - Notice of Appeal and Informational Statem, Gramercy Park Partners, Llc v. Gph Ground Tenant Llc, Rfr Holding Llc, Gph. endobj 6 0 obj /Type /Font 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. In e-filed cases, required working copies that do not bear a Confirmation Notice and permitted hard copies that do not bear a Notice of Hard Copy Submission - E-Filed Case will be rejected by the clerk, as provided in the rules. 1 0 obj 2013-04-25T17:01:25-04:00 Timeline "Any party may move for summary judgment in any action, after issue has been joined." (Civ. 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. 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). COA and Hemp Information. 8 0 obj ^hw/xYZKq,PUH7nmy4h]o'4k.9/X/D.8 cG(q$2AN,fxuLG]e}5x Erie County Public Administrator, As Administra, Robyn Grammatico, Louis Grammatico v. James R Lamar, Frank R Lamar Jr, Elm, Starryl Fechter, Paul Fechter v. Grand Island Transit Corporation, Rtw Pro, Petition for Issuance of Letters Rogatory. /Name /fytekpgnum endobj 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. A motion is a request for a court order. This case deals with an easement that the Senecas granted in . %PDF-1.4 If there is no compliance, the Clerk of the General Clerk's Office will mark the case submitted and refer it to the assigned Justice. Law & Rules, 3212(e).) respondents' motion to quash . Private lots in area. 646-386-3600, 80 & 111 Centre Street We hope you dont mind as its expensive to pay for bandwidth and time to do this. (There are a few exceptions. 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. 6 Uncontested matrimonial matters do not require payment of the motion fee. Theme: Newsup by Themeansar. 41 0 obj NYS Domestic Violence Forms Real Property System Official forms from the NY State Office of Real Property Services. 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. However, the court may set a date after which no such motion may be made, such date being no earlier than thirty days after the filing of the note of issue. (Id.) 15 0 obj endobj When papers have been submitted to the General Clerk's Office in the manner described above for the purpose of calendaring a motion/petition, the staff will review the papers for form (e.g., to be sure that proof of service has been filed in a hard-copy case, that the motion/petition has been made returnable in the Motion Submission Part Courtroom (Room 130) on a business day at 9:30 AM). 1-25 of 1712 results in NY. dQWJ,RBe(*[RE{Gai1;c{ cQh'\ <>stream <>stream /ModDate <443A32303139303332373135333831365A> endobj stream 26 0 obj 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). (Gruenfeld v. City of New Rochelle, 72 A.D.3d 1025, 1026 [2nd Dept. %PDF-1.6 endstream (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. This issue occurred at nearly 60% of voting locations in the County. /Title <> Summary judgment permits a party to show, by affidavit or other evidence, that there is no material issue of fact to be tried, and that judgment may be directed as a matter of law, thereby avoiding needless litigation cost and delay. (Id.) The filer shall then carry the papers to the Cashier of the County Clerk in Room 160 on the first floor of the 60 Centre Street courthouse and pay the $ 45 fee (except where in a proper case the papers and fee are submitted by mail or express delivery service). The court traces its origins to the year 1691 and is one of the oldest continuously-serving courts of general jurisdiction in the United States. 16 0 obj The Uniform Rule 202.70 (b). <> Lake Appeal Petition For Review Final by Jordan Conradson on Scribd, 2023.03.01 Petition for Review Appendix by Jordan Conradson on Scribd, Lake Appeal-Petition For Review Mot Exped by Jordan Conradson on Scribd, In honor of Kari Lakes continued fight for election integrity, The Gateway Pundit released a limited edition KARI LAKE WON AZ tee shirt. <> xS*r RJIs and Case Assignment -- Commercial Division: Attorneys who seek assignment of an action to the Commercial Division must submit a Request for Judicial Intervention (UCS 840, 2012 version) marked to reflect that the case involved is a commercial one, together with a completed Commercial Division RJI Addendum (UCS 840C) certifying that the case meets the requirements of the Division set forth in Uniform Rule 202.70 (a), (b), and (c). Attorneys are not required to be present in Room 130. (closed 1:00 - 2:00 pm), E-Filing Uncontested Matrimonial- June 3, 2021, Court Examiners Remote Access Procedure- December 21, 2020, Uniform Case Scheduling Order- City Tort Cases- October 1, 2020, Judicial Mediation and Part 40 Waiting List- July 23, 2020, County Clerk Procedure - Building Loans- May 22, 2020, Remote Conference Protocol- April 17, 2020, Remote Conference Part Calendars- April 17, 2020, Emergency Applications Protocol- April 2, 2020, Supreme Court, New York County-Civil Term Temporary Procedures- March 19, 2020. endstream <> endobj endobj 19 0 obj 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. If any defects in the papers are found, the staff will note those defects for counsel. >> endstream The court must allow Lakes team to inspect the 2022 ballot signatures! A long-running battle challenging New Jersey's right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices on the U.S. Supreme Court on . 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. 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. Index No. 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. 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. endstream Decisions (other than those in matrimonial and Article 81 cases and cases under seal) are posted on the Supreme Court Records On-Line Library ("Scroll") on this website within a few business hours after recordation of data in the court's computer. <>stream The party (plaintiff or defendant) making the motion is known as the movant. endobj 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. ), If the moving party produces the requisite evidence, the burden then shifts to the non-moving party to establish the existence of material issues of fact which require a trial of the action. (Vega v. Restani Constr. The original notice of motion/petition, proof of service, and affirmation of good faith in a hard-copy case shall be presented to the General Clerk's Office no later than five business days before the original return date, but no earlier than 30 days prior to that date. no . xS*r 33 0 obj New York City Small Claims Court Forms Includes general forms, notices and motions to show cause, stipulations, and appeals. <>stream endobj Andrew Borrok PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS COMPLAINT NEWMAN FERRARA LLP Your alert tracking was successfully added. endobj 6o/ <> 1000 xS*r endobj endobj 38 0 obj 250 (6th ed. 4 0 obj x}N0{8$.(hHET8\f>Ab_pDR@Q'$6p7kp8=fl7,,X2{lu@oxEJps%H'UNl2N\4s nJD' QDCzIKf|GgV=@UqU|z~?0bzw]c7"vrTlk'a*i\;d;/Sn 7 0 obj 20 0 obj 14 0 obj x}=O0Wq EDM 43R(>RUY\.aK_T ;Gumt7k0v|vc+.Wc##. xn0yI(Jak5AhD! m;(? 5 0 obj <>stream <>/K 2/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> 24 0 obj 9 0 obj stephanie torre . 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. 37 0 obj endstream endobj DATED:_____, New York _____ __, 201_ _____ HONORABLE XXXXXXXXXXXX Associate (or Presiding) Justice Appellate Division, Third Judicial Department k=4-#z*-k0r4\BZN }X>4 ]-a6 HE*N@?R|s\{+_#X1#sDL19{L}rZJ"*Ha,|z7G%*~rj-o0ePBe7X ), The opposing party must produce evidential proof in admissible form sufficient to require a trial of material questions of fact on which [s]he rests his claim. (Zuckerman v. City of New York, 49 N.Y.2d 557, 562 [1980].) << endobj For full print and download access, please subscribe at https://www.trellis.law/. endobj endstream <> The same process should be followed with cross-motions in hard copy cases except that, aft er preliminary review in Room 119 and the obtaining of the cashier's receipt stamp, the papers should be delivered to 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. 8 Thus, for example, an application commencing an Article 78 or other special proceeding or a motion pursuant to CPLR 3213 would not require a motion fee because this application or motion requires an index number fee. Failure to so file generally precludes a party from seeking such an assignment. However, any motions made after the initial applications in these situations would require payment of the motion fee. The County Clerk also places a "Filed and Fee Paid" stamp on the front of the first page. <>stream Gina Levy Abadi. xnFa@pHDuu-f+R6{E"^I9ss!#{w?a>?R.X4Sr3B X&An`%~xs W?H?gon^BOgWFVQ-d G>kH2f:UA~=#?H}B/| kG( x+ | Applications etc. An RJI seeking assignment to the Commercial Division shall be filed within 90 days after service of the complaint. Privacy Policy 16 0 obj endobj If such resolution occurs subsequent to the "call", the assigned Justice must be advised as soon as possible, by written notice sent to the Part, so that the court does not do unnecessary work. 4 0 obj <>/K 6/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> endobj Sometimes a decision will state "Submit Order." c Vineyard, 61 N.Y.2d 106, 112 [1984].) xS*r /CreationDate <443A32303139303332373135333831365A> Further, if there is a reason why a particular request by stipulation or on consent that is in compliance with Rule 202.8 (e) (1) cannot be granted, counsel will be informed by e-mail; if such e-mail response is transmitted the day before or the day of the calendar in question, the matter will be adjourned by court staff to the three-day calendar for clarification. According toFindley v. Sorenson(1929), these errors, even if not intentional, can nullify an election ifthey affect the result, or at least render it uncertain. This is further confirmed by the opinion in Hunt v. Campbell (1917), which states, wherever such practices or influences are shown to have prevailed, not slightly and in individual cases, but generally, so as to render the result uncertain, the entire vote so affected must be rejected.. In order to improve court efficiency in the Civil Branch and the Commercial Division, the New York Supreme Courts utilize staggered court appearances. x}N0suE% Opposing counsel similarly need not appear in person in order to avoid suffering a default. x+ | The submitting party should prepare a long form order and make it returnable without notice. Pay Just S&H For Most Items! 7 0 obj endobj (Gruenfeld v. City of New Rochelle, 72 A.D.3d 1025, 1026 [2nd Dept. 39 0 obj Law & Rules, 3212 (a).) endobj <>stream ENTER: <>/K 8/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> << /Length 1 >> endobj >> xS*r <>stream 1 0 obj 40 0 obj 3 0 obj 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. 130, to be held in and for the County of New York, at the Courthouse located at 60 Centre Street, New York, New York on the 15th day of December 2020 at 9:30 a.m. or as soon thereafter as counsel may be heard, for an Order, pursuant to CPLR 3215 as follows: (a) Directing the Judgment Clerk of the Supreme Court, New York County to enter a endobj 12 0 obj SUPREME COURT, CIVIL BRANCH NEW YORK COUNTY PROTOCOL ON COURTHOUSE PROCEDURES FOR ELECTRONICALLY FILED CASES (REVISED APRIL 24, 2013) . 2 /Subtype /Type1 Prac. COUNTY OF NEW YORK . 10 0 obj <>stream {I8X$r_hEPw>@*kG~ [ If you wish to keep the information in your envelope between pages, endobj New York, NY10013 <> endobj The settlement process takes place there. There are two categories of exception. xW]oH}v!(tY$heIk6OI%:gWgWy>|L8. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a non-Division Part. The proposed order or counter-order should be e-filed and it will be transmitted automatically by the NYSCEF system to the appropriate back office. endstream If argument is directed by the Justice automatically, notice of argument and the argument date will be given in Room 130. endobj 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. x}N0{ud#"JBS3R(>kU.g{p_ 1|}op`/I; EV;[4M ^( All decisions on motions and orders in hard copy cases are delivered to the General Clerk's Office, which records in the court computer that a decision has been issued, the date thereof and whether the case has been disposed of, and makes similar notations as to long form orders. << 10 <>stream stream /Author <> supreme court of the state of new york . 30 0 obj NEW YORK COUNTY CLERK 10/13/2022 10:21 AM: . No Judge is present. Your content views addon has successfully been added. On occasion, attorneys may wish to make a motion in more than one case on a single set of papers. endstream The RJI and any addendum can be completed and submitted electronically in an e-filed case. <>stream endstream 4 0 obj endobj 17 0 obj <> | endobj <>stream Counsel should deliver the proposed order to the Order Section of the appropriate back office, except in an e-filed case, when it shall be submitted electronically. However, Lakes claim is not that the signature verification procedures are unlawful. endobj x+ | 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. Rulings of the Administrative Judge have been posted on the Division website (under Decisions Online on the New York County home page). You can always see your envelopes 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. 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. 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. Analytics. 18 0 obj For the Vaccinated: NANO SOMA* Shipping Policy endobj <> ), If a motion for summary judgment is denied or is granted in part, the court, by examining the papers before it and, in the discretion of the court, by interrogating counsel, shall, if practicable, ascertain what facts are not in dispute or are incontrovertible. (Civ. 17 0 obj The post BREAKING: Kari Lake Files Petition For Review For Historic Election Lawsuit In The Arizona Supreme Court PETITION AND MOTION TO EXPEDITE INCLUDED appeared first on The Gateway Pundit. On November 28, 2018, this Court issued a decision and order granting Plaintiff's unopposed motion in seq. Accessing Verdicts requires a change to your plan. Commercial Div. If no such date is set by the court, such motion shall be made no later than one hundred twenty days after the filing of the note of issue, except with leave of court on good cause shown. (Id. %PDF-1.6 Elon Musk Responds Catturd2 After Based Senator Mike Lee Has His Private Twitter Account Removed. O(PQ^|Mer_!kN+Ay9p^ stream endobj <> endobj 28 0 obj If the motion is submitted in Room 130 and the Justice, after examining the file, determines that argument should be directed, notice of the argument and the argument date will not be sent by the court. 12 0 obj Pursuant to request of some Justices, motions submitted in Room 130 will automatically be scheduled for a set argument date in the Part. It was determined after a thorough investigation thatOVER 420,000 ballot affidavits failed signature verification in the 2020 Election. Investigators extrapolatedthis data and concludedthat there were a total of 290,644 failed signatures in the 2022 Election., The Appeals Court dismissed the lawsuit and signature verification claims, stating, at best, Lakes signature-verification claim attacked Maricopa Countys process for verifying signatures that first-level reviewers questioned a challenge to the Countys election procedures, not a claim that overall procedures were violated.. Appointed By: Chief Administrative Judge Ann Pfau Biography The Hon. 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"). An ex parte application for pre-action disclosure (CPLR 3102 (c)) would likewise not require payment of the motion fee. Liddy desperately blames the voters for the rigged election because of the method they chose to vote. The court is eager to minimize burdens on counsel whenever possible. Get Cool Gear & Fund STN Filing Fee on Motions and Cross-Motions: Filing Fee on Motions Required: A motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. xuj ^Wi ,zFX~G1p9>ZyzrFIt0 gNH%-&ca=Oo7kztY}A{r.o}F G0N KS')E3_,Mwq[0Dy_S*`X#\,sh

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