A New York Notice of Motion to Confirm Referee's Report of Sale and Disperse Surplus Moneys is a legal document used to confirm the sale of a property and the distribution of the surplus money from the sale. It is typically used when a referee is appointed to conduct and oversee a property sale. This motion is usually filed in the Supreme Court of New York by the referee following the property sale. There are two types of New York Notice of Motion to Confirm Referee's Report of Sale and Disperse Surplus Moneys. The first is a Motion to Confirm Referee's Report of Sale, which is used to confirm the sale of a property and the distribution of the proceeds from the sale. The second is a Motion to Disperse Surplus Moneys, which is used to distribute the remaining funds after the sale is complete. The motion must include all information pertaining to the sale, including the sale price and names of all parties involved. It must also include any supporting documentation that is necessary to validate the sale. Once the motion is approved, the surplus money can be disbursed to the appropriate parties.
New York Notice of Motion to Confirm Referee's Report of Sale and Dispurse Surplus Moneys
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The return date and time of the proposed order must be at A.M. no sooner than either five days from personal service of the proposed order or ten days from service by mail. Proof of timely service on the other parties must accompany the proposed order in a hard copy case.
An order to show cause against a state body or officers must be served in addition to service upon the defendant or respondent state body or officers upon the attorney general by delivery to an assistant attorney general at an office of the attorney general in the county in which venue of the action is designated or if
Both a motion and an order to show cause are used to ask the court to do something in a case. But, a motion has strict rules about the number of days it can be served before the court date.
A movant requesting an order on an expedited basis must file a motion entitled ?Urgent Motion? and must call to the attention of the clerk of the urgent filing on the day that it is filed.
Responding papers are due two days before the motion date. If the motion is served sixteen days in advance instead of eight, then answering papers or a cross motion must be served seven days before the motion date. Any reply is due two days before the return date.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.
CPLR 2214(b) is the law that says how much time before the court date the papers have to be given to the other side. The amount of time that the other side has to answer your papers depends on the court date you chose.