Earlier this year, the Chief Administrative Judge of New York State issued a rule requiring parties to send a letter to the court informing the Justice that 60-days has passed from the time of submission of the motion papers or oral argument on the motion, whichever is later (see prior post and following comments).  The rule was good in theory and bad in practice.  What party would relish the opportunity to remind a Justice deciding a motion in his or her case that the Justice was delinquent in his or her duties?

The Chief Administrative Judge has amended Uniform Rule 202.8(h), so that the responsibility of informing the Judge falls back on Deputy Chief Administrators for the Courts.  The rule is presented below:

Procedures for Pending Motions in the Supreme Court
Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby repeal, effective October 1, 2006, section 202.8(h) of the Uniform Civil Rules for the Supreme and County Courts, and in its place promulgate, effective October 1, 2006, a new section 202.8(h), relating to procedures for pending motions in the Supreme Court, to read as follows:

§202.8(h) Procedures for Pending Motions in the Supreme Court
(1) Notice of Pending Motions.
The Deputy Chief Administrators for the Courts Within and Outside the City of New York shall be responsible for sending to each justice of the Supreme Court, at the time that a motion before that justice has been pending for 60 days after final submission, a computer-generated notice indicating that 60 days has elapsed and there is no record that the motion has been resolved.
(2) Complex Motions
(i) Where a motion is unusually complex, a justice may make an application to the administrative judge no later than 20 days following the final submission of the motion to have the motion designated as complex.
(ii) Where a motion is designated by the administrative judge as complex, the justice shall have 120 days after final submission to decide the motion.