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This entry was published on 2014-09-22
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Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 4
Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing,
each party shall furnish to the court all papers served by him. The
petitioner shall furnish all other papers not already in the possession
of the court necessary to the consideration of the questions involved.
Where such papers are in the possession of an adverse party, they shall
be produced by such party at the hearing on notice served with the
petition. The court may require the submission of additional proof. All
papers furnished to the court shall be filed unless the court orders

(b) Summary determination. The court shall make a summary
determination upon the pleadings, papers and admissions to the extent
that no triable issues of fact are raised. The court may make any orders
permitted on a motion for summary judgment.