CPLR § 2223

Duties of officer receiving mandate

Rule 2223. Duties of officer receiving mandate. An officer to whom a mandate is delivered to be executed shall:

1. execute the mandate according to its command;

2. give without compensation to the person delivering the mandate, if requested, a written receipt describing the mandate and specifying the day and hour of receiving it;

3. deliver without compensation to the person served, if requested, a copy of the mandate; and

4. return the mandate together with his return thereon, by delivering or mailing it to the clerk's office.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/2223

In plain English

An officer given a mandate (a court's command/process) to execute shall: (1) execute it according to its command; (2) on request, give the deliverer a free written receipt with the day and hour received; (3) on request, give the person served a free copy; and (4) return the mandate with his return by delivering or mailing it to the clerk's office. ★

★ Exam hits:

A motion is a request for an order; a motion on notice is "made" when served (§ 2211).
Rule 2214(b) timing: notice + affidavits ≥ 8 days before; answering affidavits ≥ 2 days before; with a 16-day demand → answering/cross ≥ 7 days, reply ≥ 1 day.
Cross-motion (Rule 2215): ≥ 3 days before (or 7 with the 16-day demand); +3 days if mailed, +1 day if overnight.
Rule 2219 decision deadlines: 20 days for a provisional-remedy motion, 60 days for any other. Order must be written and signed.
Rule 2220: the clerk enters/files the order in the county where the action is triable; failure to file required papers can get the order vacated as irregular, with costs.
Reargue = 30-day deadline, no new facts (overlooked law/fact). Renew = new facts (or law change) + justification for lateness (Rule 2221).
OSC against a state body must also be served on the Attorney General (Rule 2214(d)).
The clerk dockets a money order (or real-property order) as a judgment on request (Rule 2222).

Verbatim statute: CPLR - Article 22

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.