CPLR § 2217

Prior motion; ex parte motion; transfer of motion

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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/2217

In plain English

(a) Prior motion: any motion may be referred to the judge who decided a prior motion in the action.
(b) Ex parte affidavit: an ex parte motion must include an affidavit stating the result of any prior motion for similar relief and any new facts. ★
(c) Transfer: if the assigned judge can't hear it, the motion may be transferred (by order or written stipulation) to any judge who could have originally heard it.
(d) Chief Administrator may exclude motions from (a) and (c) by rule.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.