2019 New York Laws
CVP - Civil Practice Law and Rules
Article 22 - Stay, Motions, Orders and Mandates
R2221 - Motion Affecting Prior Order.

Rule  2221.  Motion  affecting  prior order. (a) A motion for leave to
renew or to reargue a prior motion, for leave  to  appeal  from,  or  to
stay,  vacate or modify, an order shall be made, on notice, to the judge
who signed the order, unless he or she is for any reason unable to  hear
it, except that:
  1.  if  the  order was made upon a default such motion may be made, on
notice, to any judge of the court; and
  2. if the order was made without  notice  such  motion  may  be  made,
without  notice, to the judge who signed it, or, on notice, to any other
judge of the court.
  (b) 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 subdivision (a) of this rule.
  (c) A motion made to other than a proper judge under this  rule  shall
be transferred to the proper judge.
  (d) A motion for leave to reargue:
  1. shall be identified specifically as such;
  2.  shall be based upon matters of fact or law allegedly overlooked or
misapprehended by the court in determining the prior motion,  but  shall
not include any matters of fact not offered on the prior motion; and
  3.  shall  be  made  within thirty days after service of a copy of the
order determining the prior motion and written notice of its entry. This
rule shall not apply to motions  to  reargue  a  decision  made  by  the
appellate division or the court of appeals.
  (e) A motion for leave to renew:
  1. shall be identified specifically as such;
  2.  shall be based upon new facts not offered on the prior motion that
would change the prior determination or shall demonstrate that there has
been a change in the law that would change the prior determination; and
  3. shall contain reasonable justification for the failure  to  present
such facts on the prior motion.
  (f)  A  combined  motion for leave to reargue and leave to renew shall
identify separately and support separately each item of  relief  sought.
The  court,  in  determining  a combined motion for leave to reargue and
leave to renew, shall decide each part of  the  motion  as  if  it  were
separately  made.  If a motion for leave to reargue or leave to renew is
granted, the court may adhere  to  the  determination  on  the  original
motion or may alter that determination.