Section 355.2. Motion procedures  


Latest version.
  • 1. A motion for relief pursuant to section
      355.1  must  be in writing and must state the specific relief requested.
      If the motion is based upon the existence or  occurence  of  facts,  the
      motion  papers  must  contain  sworn  allegations  thereof;  such  sworn
      allegations may be based upon personal knowledge of the affiant or  upon
      information  and belief, provided that in the latter event the affidavit
      must state the sources of such  information  and  the  grounds  of  such
      belief.
        2.  Notice  of such motion, including the court's own motion, shall be
      served upon the respondent, the presentment agency and the  commissioner
      of  social  services  or  the  division  for youth having custody of the
      respondent. Motions shall  be  noticed  in  accordance  with  the  civil
      practice law and rules.
        3.  Each party to the motion shall have the right to oral argument and
      the court shall conduct a hearing to resolve any  material  question  of
      fact.
        4.  Regardless  of  whether  a  hearing  is conducted, the court, upon
      determining the motion, must set forth on the  record  its  findings  of
      fact, its conclusions of law and the reasons for its determination.
        5.  If  the  motion is denied, a motion requesting the same or similar
      relief cannot be filed for a period of ninety days  after  such  denial,
      unless the order of denial permits renewal at an earlier time.