This presents a problem because the motion opponent must read and research a potentially voluminous reply in a few minutes before oral argument, or apply for an adjournment outside chamber rules.

Pursuant to CPLR 2214(b) the reply for a Monday return should be filed on Sunday. Gen. Constr. Law § 20 says the reply can therefore be filed Monday.

Appellate Division rule 22 NYCRR § 1250.4(a)(5) requires filing of replies on Friday for Appellate Division motions returnable Monday. Is there anything comparable for the Supreme Court outside the Uniform Rules, which are silent?

Kenneth Cooperstein

54 Harbor Park Drive
Centerport, NY 11721

Tel 631-754-7777

Fax 631-754-7661

Email ksc@cooperstein.us

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