New York Motion To Reargue
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How to fill out New York Motion To Reconsider Judgment?
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FAQ
Motion to the Appellate Division for Leave to Reargue. It asks the Appellate Division to modify its ruling ?based upon matters of fact or law allegedly overlooked or misapprehended by the court? in deciding the original appeal, and may not include ?any matters of fact not offered? in connection with that appeal.
Motions to reargue a cause or motion, or to resettle or amend a decision and order, shall be made within 30 days after service of a copy of the decision and order determining the cause or motion, with notice of its entry, except that for good cause shown, the court may consider any such motion when made at a later date ...
Motions to reargue, under CPLR 2221(d), are motions that allege that the Supreme Court in its previous decision misconstrued the facts or the law in its previous decision. A motion to reargue needs to be brought within 30 days from the service of the notice of entry of the order that is being reargued.
Reargument: "While a modification hearing entails the presentation of evidence of a substantial change in circumstances, a reconsideration hearing involves consideration of the trial evidence in light of outside factors such as new law, a miscalculation or a misapplication of the law." Jaser v.