CPLR 2213 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 2212 Where motion made, in supreme court action up ARTICLE 22 Stay, Motions, Orders and Mandates next SECTION 2214 Motion papers; service; time Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 2213 Where motion made, in county court action Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 22 § 2213. Where motion made, in county court action. (a) Ex parte motions. A motion in an action in a county court that may be made without notice may be made before a motion term of the county court or before the county judge out of court in any county in the state. (b) Motions that may be made before the supreme court or a justice thereof. When no motion term is being held and there is no county judge available within the county, any motion in an action in a county court, whether or not on notice, may be made or noticed to be heard before a motion term of the supreme court or, upon order to show cause granted by a justice of the supreme court, before such justice out of court, in the judicial district where the action is triable or in a county adjoining the county where the action is triable, except a motion under article forty-four or a motion for an order that would dispose of the action, in whole or in part, in any manner other than by settlement under section 1207. (c) The chief administrator of the courts may by rule exclude motions from the operation of this section within a department, district or county.