CPLR 2217 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 2215 Relief demanded by other than moving party up ARTICLE 22 Stay, Motions, Orders and Mandates next SECTION 2218 Trial of issue raised on motion Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 2217 Prior motion; ex parte motion; transfer of motion Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 22 Rule 2217. Prior motion; ex parte motion; transfer of motion. (a) Prior motion. Any motion may be referred to a judge who decided a prior motion in the action. (b) Affidavit on ex parte motion. An ex parte motion shall be accompanied by an affidavit stating the result of any prior motion for similar relief and specifying the new facts, if any, that were not previously shown. (c) Transfer of motion. If a motion is made to a judge who is or will be for any reason unable to hear it, it may be transferred by order of such judge or by written stipulation of the parties to any other judge to whom it might originally have been made. (d) 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 subdivisions (a) and (c) of this rule.