N.Y. CPLR § 2213

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2213 Where motion made, in county court action § 2213. Where motion made, in county court action. (a) Ex partemotions. A motion in an action in a county court that may be madewithout notice may be made before a motion term of the county court orbefore the county judge out of court in any county in the state.(b) Motions that may be made before the supreme court or a justicethereof. When no motion term is being held and there is no county judgeavailable within the county, any motion in an action in a county court,whether or not on notice, may be made or noticed to be heard before amotion term of the supreme court or, upon order to show cause granted bya justice of the supreme court, before such justice out of court, in thejudicial district where the action is triable or in a county adjoiningthe county where the action is triable, except a motion under articleforty-four or a motion for an order that would dispose of the action, inwhole or in part, in any manner other than by settlement under section1207.(c) The chief administrator of the courts may by rule exclude motionsfrom the operation of this section within a department, district orcounty.