Contact Us Today 212-233-0666

New York County Room 130 Motion Submissions procedure

60 20centre 20st

In New York County Supreme Court, motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at 9:30 AM. Unless the part rules state otherwise, all such motions are made to Room 130, not to the judges part.

ARE MOTIONS ARGUED IN ROOM 130?

Be aware that motions are NOT heard on that date. There is no calendar call. Unless directed otherwise by the court part, you must submit a hard copy of the motion papers to the clerk. Like most cases heard in New York County, you do not have to appear exactly at 9:30. You can generally appear before 10:30. Papers will then be marked "submitted." You will be notified of the argument date by the judge. Depending on the judge's schedule, this can range from a couple of weeks to a month or even more.

ADJOURNMENTS

The court has recently changed its liberal view on adjournments. You should first contact opposing counsel and ask for consent. Have them sign a stipulation. You then must upload the stip to NYCEF.

If they do not consent, you can no longer orally ask the clerk for an adjournment. You must first upload the proposed stipulation to NYCEF. On the return of the date of the motion, you must provided the clerk with the proposed stip along with the confirmation page. After 10:30 the clerk will ask if opposing counsel has appeared to oppose the stip. If they do appear and oppose the adjournment, you must argue before the court. If the case is first time on, unless there is something egregious, the court will always grant an adjournment. Therefore, I wouldn't bother appearing to oppose a first time adjournment as its a waste of time. 

Feel free to contact my office if you need coverage for a room 130 adjournment. 

Schedule a Consultation

When you're ready to take the next step you can begin the process online. If you'd like to schedule a free, no-obligation consultation in my office you can call 24 hours a day, 7 days a week at 212-233-0666.

Menu