Section 2212. Where motion made, in supreme court action  


Latest version.
  • (a) Motions on
      notice. A motion on notice in an action in the supreme  court  shall  be
      noticed to be heard in the judicial district where the action is triable
      or  in a county adjoining the county where the action is triable. Unless
      statute, civil practice rule or local court rule provides otherwise, the
      motion shall be noticed to be heard before a motion term or, upon  order
      to show cause granted by a justice, before that justice out of court.
        (b)  Ex parte motions. A motion in an action in the supreme court that
      may be made without notice may be made at a motion term or to a  justice
      out of court in any county in the state.
        (c) Motions before a county court or judge. The chief administrator of
      the  courts  may by rule provide for the hearing of motions on notice or
      ex parte motions in an action or proceeding in the supreme  court  by  a
      term  of the county court or a county judge in the county in which venue
      is laid during periods in which no supreme court trial or  special  term
      is in session in the county.
        (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),(b) and (c) of this
      section, provided, however, that the practice  in  counties  within  the
      city of New York shall be uniform.