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New 60 Day Motion Rule in NY

Please see the UPDATE regarding this rule in this post.

The New York Attorney Malpractice Blog notes that the Chief Administrative Judge of New York Courts has established the following new rule:

If 60 days have elapsed after a motion has been finally submitted or oral argument held, whichever is later, an no decision has been issued by the court, counsel for the movant shall send the court a letter alerting it to this fact with copies to all parties to the motion.

I've heard of this new rule from other sources as well, but unfortunately was unable to locate the text of the new rule online. 

Prior to the adoption of this rule, attorneys were required to walk a fine line in order to avoid badgering the judge regarding the status of an overdue decision.   This rule will certainly make that unpleasant task an easier one.

However, I think  that Andrew Lavoot Bluestone at the New York Attorney Malpractice Blog raises a good point when he wonders whether the failure to alert the court in a timely manner could constitute legal malpractice.  Only time will tell.

Comments

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Matt

Thanks for the head's up on this rule. Your post helped me uncover that there a bunch of new rules for the Commercial Division of the Supreme Court.

Here are the rules:
http://www.courts.state.ny.us/rules/UniformRulesofCommercialDivision.pdf

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