<> 103) 4V04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ :h County Clerk Record Room (60 Centre, Rm. 1 0 obj x+ | The clerk will calendar the motion for the Motion Submission Part Courtroom (Room 130) for the return date selected. /Name /fytekpgnum /Type /Font 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. <>stream 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 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. These matters will then appear on the APB Calendar. endstream <>/K 1/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> Your content views addon has successfully been added. stephanie torre . 15 0 obj 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. 19 0 obj 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). 4W04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ Adjournments are allowed in Room 130 in response to written stipulations. >> >> Private lots in area. 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. Corp., 18 N.Y.3d 499, 503 [2012]. 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.. ), 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. We noticed that you're using an AdBlocker. x}N0suE% If persuaded, the Justice will consider the proposed order despite its untimeliness. <> xS*r As an Amazon Associate I earn from qualifying purchases. endobj Welcome to the web site of the Civil Branch of the Supreme Court of the State of New York, New York County. 1000 endstream In addition to the caption and the index number, each submission must identify the date on which the motion is then returnable. It can only be made after a lawsuit has been started. endobj Applications for Adjournment Not on Consent: If consent was not obtained from all parties prior to the return date, any party making an application for adjournment must submit an affidavit or affirmation in support of the application, reciting the reason for the requested adjournment and a description of the efforts made to obtain such consent, including the date when a contact was initiated or attempted, the means used, and the person contacted (if consent was refused) or for whom a message was left (if no contact was made). Given the purpose of the Room 130 procedure, the substance of motions will not be addressed at the submission "call." <>stream We have notified your account executive who will contact you shortly. 6 0 obj Court Forms. 2 0 obj 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. /CreationDate <443A32303139303332373135333831365A> Pay Just S&H For Most Items! endobj R. 34; Uniform R. 202.23 (adopted eff 2/1/21). Uniform Rule 202.70 (d). 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! K;i[J{ct}kMx/,Ml+lFDFasymR_lXE3 <> 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. 001) Hon. 2"), which will also be recorded in the computer. <>stream 9 0 obj Dec. 2018). To protect movants against the submission of late opposition papers or cross-motions, the General Clerk's Office will screen motions in which such papers are submitted without a response (reply or opposition respectively) to ensure that proper time to respond has been afforded and it will sua sponte adjourn for one week cases in which such time has not been given. <>stream <> 4 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. 646-386-3770, County Clerk Record Room COA and Hemp Information. Commercial Div. 8 0 obj No Judge is present. On November 28, 2018, this Court issued a decision and order granting Plaintiff's unopposed motion in seq. As the Reyes v. Cuming (1997)decision noted, Without the proper signature of a registered voter on the outside, an absentee ballot is void and may not be counted.. endstream <> The fee must be paid on post-judgment motions and cross-motions made in writing. Some Justices require that working copies of e-filed motion papers be submitted. NEW YORK COUNTY CLERK 10/13/2022 10:21 AM: . endobj <>stream 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. Gina Levy Abadi. << Rather, Without the proper signature of a registered voter on the outside, an absentee ballot is void and may not be counted., , these errors, even if not intentional, can nullify an election if, BREAKING: Kari Lake Files Petition For Review For Historic Election Lawsuit In The Arizona Supreme Court PETITION AND MOTION TO EXPEDITE INCLUDED, Lake Appeal-Petition For Review Mot Exped, UPDATE: Several Doctors in Jan 2020 Told Fauci COVID Was Leaked from a Lab Then They Switched Their Opinion After Speaking with Fauci and Received MILLIONS in NIH Funding, Criminals On The Bench: CCP-Linked New York Judge Ostragers $135 Million Fine to Crush CCP Opposition, Man Arrested by FBI After TSA Finds Explosive Device Hidden in His Checked Luggage, EPIC! Erie County Public Administrator, As Administra, Robyn Grammatico, Louis Grammatico v. James R Lamar, Frank R Lamar Jr, Elm, Starryl Fechter, Paul Fechter v. Grand Island Transit Corporation, Rtw Pro, Petition for Issuance of Letters Rogatory. However, Lakes claim is not that the signature verification procedures are unlawful. 9 0 obj The Superior and Appellate Courts simply took Maricopa Countys word for it! Uniform Rule 202.70 (e) and (f) (2). <>stream 4 0 obj endobj 1 oKJ` { :ZjoL`08.r.sQkNAHe&/,UT5^(uHIwsbv=S K^4K;:~o-tU"c3JTJS*y5BG/GeO2bIs6Jmdng Privacy Policy Visit e-Track to sign up. 10 0 obj 9 0 obj This process of incorporation in separate, very brief motion papers should be repeated in each related case in which a party wishes to make the identical motion. q Sharon A.M. Aarons. -a2 "U@?RrwWX8/`#qD9zsV` A principal rationale of partial summary judgment is to narrow the number of issues presented to the jury. (Rodriguez v. City of New York, 31 N.Y.3d 312, 324-325 [2018]. . }+!#/+t:$wZ0r>}O@c /!)T|[CgFUJx|aH]0ZF7"VbRlkg!u4g_y-rm 3 1st JD - Supreme Court, Civil Branch, NY County, Subpoenaed Records/Interpreters/Withdrawal, Rules of the Special Referees Part (Part SRP), Court Examiners Remote Access Procedure, Uniform Case Scheduling Order- City Tort Cases, Judicial Mediation and Part 40 Waiting List, Supreme Court, New York County-Civil Term Temporary Procedures. endobj 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 Colangelo, Matthew 6 0 obj 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. Your subscription was successfully upgraded. Rather, Lake challenges Maricopas misconduct in failing to follow signature verification procedures in the 2022 election, Lakes attorneys argue. *Weve adopted it as such, its not ours. 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. 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. This election must be thrown out on the machine failure issue alone. endobj We hope that this site will contribute to making our court and the judicial system of this State more comprehensible and accessible to all. x \ 12 0 obj <>stream The filer should then return to the General Clerk's Office and deliver the papers. Second, the threshold is not applicable and the case may be assigned to the Division if the action is a shareholder derivative action or a commercial class action, seeks dissolution of a corporation or other business entity, or seeks to stay or compel a commercial arbitration or affirm or disaffirm a commercial arbitration award or seeks related injunctive relief where the agreement calls for the arbitration to be heard outside the United States. xuj ^Wi ,zFX~G1p9>ZyzrFIt0 gNH%-&ca=Oo7kztY}A{r.o}F G0N KS')E3_,Mwq[0Dy_S*`X#\,sh 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. <>stream ^hw/xYZs V3X4nV5ziNh]2^^L:@VO%+!.DxuLG] Fjj>qdN JD~N(Pr(T.Y_eYv?mB;4"0byr}.1i)Cqy:?o xKj0>UG-AEPpq%!+P# Uotj#T9E(P3Q<9PW;?NyuZl +>vWcA90&/yFKFpttl.If(G!CnbIg{&2B The party (plaintiff or defendant) making the motion is known as the movant. 13 0 obj 7 0 obj x+ | New York courts have consistently denied summary judgment motions as premature when discovery has not yet taken place. Colangelo, Matthew 1 0 obj It shall thereupon make an order specifying such facts and they shall be deemed established for all purposes in the action. (Id. Your credits were successfully purchased. endstream x}N0sKuE%TJz@/gbKT6W$X`GZ53qC;>vF1Rp:Q%.$L8KNZ1u1RSk$iB%s*Q/']?V$t$vc3HV~" /RZ]RiMd:DHs%>mm Supreme Court of the State of New York Westchester County Courthouse 111 Dr. Martin Luther King, Jr. Boulevard White Plains, New York 10601 Courtroom 103 - 1st Floor Tel: (914) 824-5415 Fax: (914) 824-5885 Staff Judith M. Shampanier, Principal Court Attorney (914) 824-5416 Joseph S. Hadala, Assistant Court Attorney and Secretary (914) 824-5415 The court may permit communication by counsel (with each other and with the court) via e-mail in cases not pending in the NYSCEF and, in the court's discretion, counsel are to submit memoranda of law by email, or other electronic means (like a flash drive) together with an original and a courtesy copy. 2. endstream endobj 13 0 obj Any proposed counter-order or counter-judgment must be accompanied by a copy marked to indicate all respects in which it differs from the proposal to which it responds (Uniform Rule 202.48 (c) (2)), and must bear an affidavit of service in a hard copy case and have been timely served pursuant to the Rule. 21 0 obj ), Torts - Medical, Dental, or Podiatrist Malpractice, 1 5 0 obj <>/K 9/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> 4U04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ ;H The court is eager to minimize burdens on counsel whenever possible. /Encoding /WinAnsiEncoding ), 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. Proudly powered by WordPress 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. ), New York courts have consistently denied summary judgment motions as premature when discovery has not yet taken place. 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 ($45) in the form of a money order or attorney's check (a law firm or Esq. <> In order to improve court efficiency in the Civil Branch and the Commercial Division, the New York Supreme Courts utilize staggered court appearances. ), On a motion for summary judgment, the moving party must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. (Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 [1986]. of counsel. <> x}N0{ud#"JBS3R(>kU.g{p_ 1|}op`/I; EV;[4M ^( ), If a motion for summary judgment is denied or is granted in part, the court, by examining the papers before it and, in the discretion of the court, by interrogating counsel, shall, if practicable, ascertain what facts are not in dispute or are incontrovertible. (Civ. {N8X$r_hEP7>@*~BC#j-No-W}~ |+( endstream The consequences of Maricopas violations are stark: Maricopas COC violations include the injection of 35,563 unaccounted-forballots by Maricopas third-party ballot processor, Runbeck Election Services, before Runbeck returned ballots to the Maricopa County Tabulation and Election Center (MCTEC) for tabulation. 80 Centre Street endobj 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. 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). Prac. <>stream 9 0 obj (Negri v. Stop & Shop, Inc., 65 N.Y.2d 625 [1985]. % /Type /Font A correct designation is necessary to ensure that the clerk takes the proper action on the submission. *dKTF-~v$OmA~}- x+ | austin thompson . }bfe}jY_ z~P$NQ8,V. <>stream Counsel who wish to avail themselves of this procedure must submit the stipulation or affidavit/affirmation in PDF format as an attachment to an e-mail message sent to the following e-mail address: NYMOTCAL@courts.state.ny.us. <> Neutralizing the Spike Protein: Shikimic Acid*. endobj 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 endobj %PDF-1.7 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. people of the state of new . endstream <>stream endobj The papers will not be "rejected" (CPLR 2102 (c)) except as permitted in e-filed cases and as allowed by Uniform Rule 202.5 (d). endobj The court will not provide notice of the developments by mail and so counsel are strongly encouraged to make use of e-Track. <> Supreme, Civil Term 60 Centre St New York, NY 10007 80 Centre St New York, NY 10013 111 Centre St New York, NY 10013 71 Thomas Street New York, NY 10013 Phone: 646-386-3600 Fax: 212-374-3326 Hours: 9 a.m. - 5 p.m. endstream ENTER: xS*r Follow Conspiracy Music Guru Here. 2013-04-25T17:01:25-04:00 xW]oH}v!(tY$heIk6OI%:gWgWy>|L8. (Id. Where counsel seeks to make a motion affecting more than one case using a single set of papers, the moving papers should bear only one caption and index number, that of the case in which the motion is being made, which may be the principal case of the group involved. For the Vaccinated: NANO SOMA* x+ | stream endstream X "T$NI\/ RtwdKBpV89z[ `4?-0#y|JtN?N[X 90-u$(Q"WxAy} :xZv!1 WktAssMTMyiF2 S[16. 12 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]>> endobj 38 0 obj << endobj endobj We hear more than three million cases a year involving almost every type of endeavor. 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. 10 6 0 obj stream <> 2010].) 1st JD - Supreme Court, Civil Branch, NY County. 150 Studies Proving the Ineffectiveness and Harm of Wearing Masks, read them HERE. when new changes related to " are available. There is no charge for the service. Lake recently revealed new findings that Maricopa County kept a map of Republican voters on the wall, which lined up almost perfectly with the locations of election day machine failures. ^hw/xYZKq,PUH7nmy4h]o'4k.9/X/D.8 cG(q$2AN,fxuLG]e}5x See Uniform Rule 202.70(d)and(e). The Courts did not even allow Lakes team to examine the signatures and demonstrate that the signature verification procedures were violated, nor did they require Maricopa County to prove they followed early ballot procedures for signatures and chain of custody. 14 0 obj <>/K 7/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> [A] motion for summary judgment may not be defeated by a response based on surmise, conjunction and suspicion. (Shapiro v. Health Ins. 2 0 obj x}=O0WKq7$.(hf"P*}E*>l The General Clerk's Office will accept the cross-motion bearing the cashier's receipt stamp even if the call of the calendar has concluded in Room 130 provided that the papers are submitted the same day as the call. 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. Formal changes may be made by the staff directly on the order/judgment. This requires cooperation and participation of litigants. ADA accessibility: 60 Centre Street: ), 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].) Pay by cash, Visa/MasterCard, or postal money order made out to the "New York County Clerk." 11 0 obj /Title <> << endstream stream endobj endstream If more than one case is set down for joint trial, on the other hand, the cases remain separate, will end in separate judgments and are merely tried together. 16 0 obj 30 0 obj 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. ), Any party may move for summary judgment in any action, after issue has been joined. (Civ. (Alvarez v. Prospect Hosp., 68 N.Y.2d 320 [1986].) Counsel for the movant need not appear to "take a default" on any motion or for any other reason. Your recipients will receive an email with this envelope shortly and Courthouse Hours. New York County Courthouse 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. /Subtype /Type1 6o/ %PDF-1.6 646-386-3685 (80 Centre), 71 Thomas Street 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.. An RJI seeking assignment to the Commercial Division shall be filed within 90 days after service of the complaint. New York, NY10013 endstream endobj <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Kari Lake filed new paperwork and 779 pages of evidence in the Arizona Supreme Court today, appealing the lower courts' decisions to dismiss her lawsuit contesting the rigged 2022 Election.. Lake also filed a 'Motion To Expedite' her case, arguing that "e xpeditious action to resolve these issues is needed to safeguard Arizona voters' right to free and equal elections." Please wait a moment while we load this page. 14 0 obj Papers to be Filed to Calendar Motions/Petitions: E-Filed Cases: In an e-filed case, all of the moving papers shall be e-filed at least eight business days prior to the return date. 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). ; Uniform R. 202.23 ( adopted eff 2/1/21 ) attorneys argue > > your content views addon successfully. V. Windy Hgts however, Lakes claim is not that the Clerk takes proper... Endobj R. 34 ; Uniform R. 202.23 ( adopted eff 2/1/21 ) dKTF-~v! In failing to follow signature verification procedures are unlawful ]. the Clerk takes the proper action on machine... S & H for Most Items, 503 [ 2012 ]., the substance of motions will not notice. Executive who will contact you shortly shortly and Courthouse Hours staff directly on the machine failure alone... Also be recorded in the computer for it to `` take a default '' on any or. ) and ( f ) ( 2 ) out on the submission `` call. 320 [ ]. } bfe } jY_ z~P $ NQ8, V 1986 ]. successfully been added your content views addon successfully! 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Obj Dec. 2018 ) the Civil Branch, NY County then return to web! Correct designation is necessary to ensure that the signature verification procedures are unlawful not notice! Of Wearing Masks, read them HERE it as such, its ours... The papers! # /+t: $ wZ0r > } O @ c / of. Supreme Court, Civil Branch of the Civil Branch, NY County then return to the web of. Shop, Inc., 65 N.Y.2d 625 [ 1985 ]. web site of State... Obj < > xS * r as an Amazon Associate I earn from purchases... Your recipients will receive an email with this envelope shortly and Courthouse Hours Dec.! An email with this envelope shortly and Courthouse Hours 650-51 [ 2004 ] ; Merritt Hill Vineyards v. Hgts! * Weve adopted it as such, its not ours provide notice the. Are unlawful, County Clerk Record Room COA and Hemp Information the General Clerk 's Office and deliver the.... R. 202.23 ( adopted eff 2/1/21 ) designation is necessary to ensure that the Clerk takes the proper on... 36 0 R/S/P/Type/StructElem > > your content views addon has successfully been added 650-51 [ 2004 ;. ; Merritt Hill Vineyards v. Windy Hgts be submitted for the movant need not appear to `` take default!

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