(a) There shall be compliance with the procedures prescribed in the NYCCCA and the CPLR for the bringing of motions. In addition, no motion shall be placed on the calendar for hearing in the appropriate part unless a notice of motion is served and filed with the motion papers. The notice of motion shall read substantially as follows:
| CIVIL COURT OF THE CITY OF NEW YORK | Index No. ____ | |
| COUNTY OF | ||
| ____________________________ | ||
| Petitioner | ) | |
| Address | ) | NOTICE OF PETITION |
| ) | ||
| -against- | ) | |
| ) | ||
| Respondent | ) | |
| Address | ) | |
| Respondent | ) | |
| Address | ) | |
| ______________________________________ | ||
Upon the affidavit of_____, sworn to on _____19_____, and upon (list supporting papers if any), the_____will move this court at_____(specify the Part), at the _____Courthouse,_____, _____, New York, on the_____day of_____, 19_____, at 9:30 a.m. for an order (briefly indicate relief requested).1
The above-entitled action is for (briefly state nature of action, e.g., personal injury, contract, property damage, etc.). This action (is)(is not) on a trial calendar. If on a trial calendar, the calendar number is_____
Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of the motion.
[ ]
(check if applicable)
Dated:
| (Print Name) | |
| ______________________ | |
| Attorney 2 (or Attorney in charge of case if law firm) for moving party | |
| Address: | |
| Telephone number: | |
| (Print Name) | |
| TO:___________________ | |
| Attorney 2 for (other party) Address: Telephone number: | |
| (Print Name) | |
| _____________________ | |
| Attorney 2 for (other party) Address: Telephone number: ____________________________ |
(b) The notice of motion set forth in subdivision (a) of this section shall not be required for the return of an order to show cause or an application for ex parte relief.
1If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order.
2If any person is appearing pro se, the name, address and telephone number of such party shall be stated.
Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.