{"jurisdiction": "us-ny", "code": "cplr", "section": "2223", "citation": "CPLR § 2223", "heading": "Duties of officer receiving mandate", "text": ["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_source": "https://www.nysenate.gov/legislation/laws/CVP/2223", "from_official_api": true, "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**. ★\n\n---\n\n**★ Exam hits:**\n- A **motion is a request for an order**; a motion on notice is **\"made\" when served** (§ 2211).\n- **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.**\n- **Cross-motion (Rule 2215): ≥ 3 days before** (or 7 with the 16-day demand); **+3 days if mailed, +1 day if overnight**.\n- **Rule 2219 decision deadlines: 20 days** for a provisional-remedy motion, **60 days** for any other. Order must be **written and signed**.\n- **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**.\n- **Reargue = 30-day deadline, no new facts** (overlooked law/fact). **Renew = new facts (or law change) + justification** for lateness (Rule 2221).\n- **OSC against a state body must also be served on the Attorney General** (Rule 2214(d)).\n- The **clerk dockets a money order (or real-property order) as a judgment** on request (Rule 2222).\n\n\n---\n*Verbatim statute:* [[CPLR - Article 22]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/2223", "publisher": "Elyphived LLC"}