State Court Motion for Extension of Time - New York

NOTICE OF MOTION AND MOTION FOR EXTENSION OF TIME

(Supreme Court of the State of New York)

1. CAPTION

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY_NAME]

2. NOTICE OF MOTION

PLEASE TAKE NOTICE that upon the annexed Affirmation of [ATTORNEY_NAME] dated [DATE], the accompanying Memorandum of Law, and all prior pleadings and proceedings herein, the undersigned will move this Court at IAS Part [PART], Room [ROOM], at the Courthouse located at [ADDRESS], on [HEARING_DATE] at [HEARING_TIME], or as soon thereafter as counsel may be heard, for an order pursuant to CPLR 2004 extending the deadline for [describe act] from [CURRENT_DEADLINE] to [PROPOSED_NEW_DEADLINE], together with such other and further relief as the Court deems just and proper.

Attach the referenced memorandum separately. For computer-prepared opening papers, limit the attorney affirmation and memorandum to 7,000 words each unless the court permits more; attach counsel's word-count certification as the last page of each document under 22 NYCRR § 202.8-b(a)-(c). The count excludes the caption, table of contents, table of authorities, and signature block. Evidentiary witness statements and reports are exempt from these limits.

3. CONFERRAL / GOOD FAITH STATEMENT

Undersigned counsel states that [he/she/they] conferred with counsel for [Opposing Party] on [DATE] regarding the relief requested herein. [Opposing Party] [does not oppose / opposes / takes no position]. (Include this statement voluntarily, or as required by 22 NYCRR § 202.7(a) if the underlying request also relates to disclosure or a bill of particulars, or as required by the assigned Justice's individual part rules.)

4. GROUNDS FOR RELIEF

1. On [ORDER_DATE], this Court issued [order] establishing the current deadline.
2. [Movant] has diligently [describe actions], including [FACT_DETAIL].
3. Additional time is necessary because [REASONS], despite diligent efforts.
4. No party will suffer prejudice; the requested extension will not affect the trial date of [TRIAL_DATE] or other scheduled appearances.

5. LEGAL STANDARD

CPLR 2004 authorizes the Court, except where otherwise expressly prescribed by law, to extend the time fixed by any statute, rule, or order for doing any act, upon such terms as may be just and upon good cause shown, whether the application is made before or after the expiration of the time fixed. In exercising this discretion, courts consider the length of the delay, whether the opposing party has been prejudiced by the delay, the reason given for the delay, and whether the moving party was already in default before seeking the extension. See Tewari v. Tsoutsouras, 75 N.Y.2d 1, 12 (1989). Where the delay or default resulted from law office failure, CPLR 2005 additionally confirms that the Court is not precluded, as a matter of law, from exercising its discretion in the interest of justice to excuse it. CPLR 2103 governs service of motion papers.

6. ARGUMENT

1. Good Cause Exists. [Explain supporting facts such as ongoing discovery efforts, unforeseen circumstances, or settlement discussions].
2. Diligence Demonstrated. [Detail steps taken promptly to comply].
3. No Prejudice / Interests of Justice. Granting the extension will allow the matter to be decided on the merits without impacting other scheduled dates.

7. REQUESTED RELIEF

WHEREFORE, [Movant] respectfully requests that the Court extend the deadline for [describe act] to [PROPOSED_NEW_DEADLINE] and grant such other relief as the Court deems just and proper.

8. PROPOSED ORDER

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY_NAME]

ORDER GRANTING MOTION FOR EXTENSION OF TIME

Upon the motion of [Movant], the Affirmation of [ATTORNEY_NAME], and good cause appearing, it is ORDERED that the deadline for [describe act] is extended to [PROPOSED_NEW_DEADLINE]; and it is further ORDERED that all other deadlines remain in effect unless otherwise directed by the Court.

Dated: ____________, [YEAR]
New York, New York

ENTER:

__________________________________
Hon. [JUDGE_NAME], J.S.C.

9. SIGNATURE BLOCK

Dated: ____________, [YEAR]

[LAW_FIRM_NAME]
[STREET_ADDRESS]
New York, New York [ZIP]
Telephone: [PHONE]
Email: [EMAIL]

By: __________________________________
    [ATTORNEY_NAME]
    Attorneys for [MOVING_PARTY_NAME]

10. AFFIRMATION OF [ATTORNEY_NAME]

[ATTORNEY_NAME], an attorney duly admitted to practice law before the courts of the State of New York, affirms as follows:

1. I am counsel for [MOVING_PARTY_NAME].
2. On [ORDER_DATE], the Court set [CURRENT_DEADLINE] for [describe act].
3. Since that time, [outline efforts and reasons necessitating extension].
4. We contacted [Opposing Counsel] on [DATE]; [he/she/they] [does not oppose / opposes / takes no position].
5. This motion is made in good faith and not for delay.

WHEREFORE, I respectfully request that the Court grant the accompanying motion.

I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, except as to matters alleged on information and belief and as to those matters I believe it to be true, and I understand that this document may be filed in an action or proceeding in a court of law.

_____________________________
[ATTORNEY_NAME]

WORD-COUNT CERTIFICATION — ATTACH AS LAST PAGE OF THIS AFFIRMATION

I certify under 22 NYCRR § 202.8-b(c) that this computer-prepared attorney affirmation contains [WORD_COUNT] words, excluding the caption, table of contents, table of authorities, and signature block, and complies with the applicable [7,000-word limit / limit set by court order dated DATE]. I relied on the word count of [WORD_PROCESSING_SYSTEM].

Dated: [DATE]

Signature of filing counsel: __________________________

[ATTORNEY_NAME]

11. CERTIFICATE OF SERVICE

I certify that on [SERVICE_DATE] the foregoing Motion for Extension of Time was served [through NYSCEF under 22 NYCRR § 202.5-b (consensual e-filing) / through NYSCEF under 22 NYCRR §§ 202.5-b and 202.5-bb (mandatory e-filing) / by METHOD under CPLR 2103]. Any additional service by [METHOD, IF ANY] was made upon:

__________________________________
[ATTORNEY_NAME]

12. SAMPLE GOOD CAUSE NARRATIVE (TAILOR BEFORE FILING)

On March 12, 2024, [Movant] received 3,400 pages of supplemental records from a third-party provider. The materials revealed new witnesses and data points requiring expert analysis. [Movant] immediately retained the appropriate expert, who was first available on [EXPERT_MEETING_DATE], and coordinated with opposing counsel to schedule any follow-up discovery. Absent a short extension of the current [CURRENT_DEADLINE] to [PROPOSED_NEW_DEADLINE], [Movant] cannot incorporate the new information into required submissions. Opposing counsel was contacted on [CONFERRAL_DATE] but declined to stipulate, identifying no concrete prejudice beyond a preference to maintain the existing schedule.

13. MITIGATION COMMITMENT TEMPLATE

1. Maintain the existing trial or dispositive motion dates unless the Court directs otherwise.
2. Produce all outstanding discovery or supplemental disclosures no later than [COMMITMENT_DATE].
3. Offer supplemental deposition or interview availability for affected witnesses during [DATE_RANGE] at [LOCATION].
4. Provide a status update letter to the Court and opposing counsel within [STATUS_UPDATE_WINDOW] days of the new deadline.

14. WORD-COUNT CERTIFICATION FOR THE SEPARATE MEMORANDUM

MEMORANDUM CERTIFICATION — ATTACH AS LAST PAGE OF THE SEPARATE MEMORANDUM

I certify under 22 NYCRR § 202.8-b(c) that the accompanying computer-prepared memorandum of law contains [WORD_COUNT] words, excluding the caption, table of contents, table of authorities, and signature block, and complies with the applicable [7,000-word limit / limit set by court order dated DATE]. I relied on the word count of [WORD_PROCESSING_SYSTEM].

Dated: [DATE]

Signature of filing counsel: __________________________

[ATTORNEY_NAME]