Post-Hearing Order Submission in New York

Post-Hearing Order Submission in New York

NOT LEGAL ADVICE. The 60-day settle-order clock is jurisdictional in many courts. Missing it forfeits the right to settle the order.

When this skill applies

After the Justice rules on a motion, one of three things happens:

1. Short-form Decision and Order — the Justice writes the decision on the proposed order itself; no further submission needed. The order is filed by chambers via NYSCEF.
2. Decision directs settle order — "Settle order on notice" or "Settle order on submission"; the prevailing party must submit a proposed order within 60 days.
3. Decision is self-executing — no order needed (rare).

This skill covers #2: the settle-order procedure.

The 22 NYCRR § 202.48 framework

Day 0:    Justice issues Decision directing settle order
Day 0–60: Prevailing party drafts proposed order
Day X:    Prevailing party serves proposed order on opposing
          party (≥10 days before submission)
Day X+5:  Opposing party may serve a counter-order
Day X+10: Prevailing party submits proposed order to chambers,
          attaching counter-order (if served) and a cover
          letter discussing differences
Day ≤60:  Prevailing party submits to chambers; missing this
          deadline is fatal absent extension

On notice v. on submission

Proposed-order content

The proposed order should track the Justice's decision exactly:

• Use the decision's exact language for the relief granted
• Do not add relief not granted in the decision
• Do not omit relief granted in the decision
• Use the decretal "ORDERED that..." format

See ny-draft-order for the proposed-order template.

Chambers transmittal letter

When submitting on notice (or on submission), include a cover letter:

[Date]

Hon. [Justice Name], J.S.C.
Supreme Court, [County]
[Courthouse Address]

Re: [Caption], Index No. [#####/YYYY]
    Submission of Proposed Order

Dear Justice [Name]:

Enclosed for the Court's signature is a proposed Decision
and Order in the above-captioned matter, submitted on
notice pursuant to 22 NYCRR § 202.48 and the Court's
Decision dated [DATE]. The proposed order tracks the
Court's directives in [GRANTING / DENYING] Defendant's
motion under CPLR [SECTION].

[If on notice and opposing served a counter-order:]
A copy of the proposed order was served on Plaintiff's
counsel on [DATE] (attached as Exhibit 1). Plaintiff's
counsel served a counter-order on [DATE] (attached as
Exhibit 2). The principal difference between the two
proposed orders is [DESCRIBE]. The undersigned
respectfully submits that this Court's proposed order
should be entered because [REASON].

Respectfully submitted,

[Print Name]
Self-Represented Defendant
[Phone, email]

Counter-order procedure

If the opposing party served a counter-order:

1. Review both proposed orders side by side
2. Identify differences — language, scope, conditions
3. Submit both to chambers with a cover letter discussing the differences
4. Chambers selects (or modifies) one of the proposed orders and enters it

Post-signature: Notice of Entry

After the Justice signs and the order is entered (filed on NYSCEF by the clerk):

1. NYSCEF notifies all parties automatically
2. Prevailing party files a Notice of Entry (CPLR 5513(a)) — triggers the 30-day appeal clock
3. Notice of Entry:

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY]
----------------------------------------- X
[CAPTION]                                  Index No. [#####/YYYY]
                                           Hon. [JUSTICE]
                          [Plaintiff(s),]
                                           NOTICE OF ENTRY
            -against-
                          [Defendant(s).]
----------------------------------------- X

PLEASE TAKE NOTICE that the annexed is a true copy of the
Decision and Order of the Hon. [Justice], dated [DATE], and
filed and entered in the Office of the Clerk of the Court
on [DATE].

Dated: [...]
[Signature]

Filed via NYSCEF as document type "Notice of Entry."

Common errors

Composition with other ny- skills

• ny-draft-order — proposed-order content
• ny-hearings — post-hearing follow-up
• ny-deadlines — 60-day clock + appeal clock
• ny-fact-check — pre-submission QC