2006 New York Code - Motion Procedures.

 
    § 355.2. Motion procedures. 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.