Rule 2221. Motion affecting prior order

Skip Page Header

NY CPLR Rule 2221McKinney's Consolidated Laws of New York AnnotatedCivil Practice Law and RulesEffective: July 20, 1999 (Approx. 2 pages)

Toggle Menu

Rule 2221. Motion affecting prior order

NY CPLR Rule 2221McKinney's Consolidated Laws of New York AnnotatedCivil Practice Law and RulesEffective: July 20, 1999 (Approx. 2 pages)

McKinney's Consolidated Laws of New York Annotated

Civil Practice Law and Rules (Refs & Annos)

Chapter Eight. Of the Consolidated Laws

Article 22. Stay, Motions, Orders and Mandates (Refs & Annos)

Effective: July 20, 1999

McKinney's CPLR Rule 2221

Rule 2221. Motion affecting prior order

Currentness

(a) A motion for leave to renew or to reargue a prior motion, for leave to appeal from, or to stay, vacate or modify, an order shall be made, on notice, to the judge who signed the order, unless he or she is for any reason unable to hear it, except that:

1. if the order was made upon a default such motion may be made, on notice, to any judge of the court; and

2. if the order was made without notice such motion may be made, without notice, to the judge who signed it, or, on notice, to any other judge of the court.

(b) Rules of the chief administrator of the courts. The chief administrator may by rule exclude motions within a department, district or county from the operation of subdivision (a) of this rule.

(d) A motion for leave to reargue:

1. shall be identified specifically as such;

2. shall be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include any matters of fact not offered on the prior motion; and

3. shall be made within thirty days after service of a copy of the order determining the prior motion and written notice of its entry. This rule shall not apply to motions to reargue a decision made by the appellate division or the court of appeals.

(e) A motion for leave to renew:

1. shall be identified specifically as such;

2. shall be based upon new facts not offered on the prior motion that would change the prior determination or shall demonstrate that there has been a change in the law that would change the prior determination; and

3. shall contain reasonable justification for the failure to present such facts on the prior motion.

(f) A combined motion for leave to reargue and leave to renew shall identify separately and support separately each item of relief sought. The court, in determining a combined motion for leave to reargue and leave to renew, shall decide each part of the motion as if it were separately made. If a motion for leave to reargue or leave to renew is granted, the court may adhere to the determination on the original motion or may alter that determination.

Credits

(L.1962, c. 308. Amended L.1986, c. 355, § 5; L.1999, c. 281, § 1, eff. July 20, 1999.)

McKinney's CPLR Rule 2221, NY CPLR Rule 2221

Current through L.2024, chapters 1 to 49, 52, 61 to 112. Some statute sections may be more current, see credits for details.

End of Document

Rule 2221. Motion affecting prior order | Statutes | Westlaw