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This entry was published on 2014-09-22
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Where motion made, in supreme court action
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 22
§ 2212. Where motion made, in supreme court action. (a) Motions on
notice. A motion on notice in an action in the supreme court shall be
noticed to be heard in the judicial district where the action is triable
or in a county adjoining the county where the action is triable. Unless
statute, civil practice rule or local court rule provides otherwise, the
motion shall be noticed to be heard before a motion term or, upon order
to show cause granted by a justice, before that justice out of court.

(b) Ex parte motions. A motion in an action in the supreme court that
may be made without notice may be made at a motion term or to a justice
out of court in any county in the state.

(c) Motions before a county court or judge. The chief administrator of
the courts may by rule provide for the hearing of motions on notice or
ex parte motions in an action or proceeding in the supreme court by a
term of the county court or a county judge in the county in which venue
is laid during periods in which no supreme court trial or special term
is in session in the county.

(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),(b) and (c) of this
section, provided, however, that the practice in counties within the
city of New York shall be uniform.