Support for the Repeal of Commercial Division Rule 23: Comments

SUMMARY

The Council on Judicial Administration, the State Courts of Superior Jurisdiction, and the Litigation Committee favor the repeal of Commercial Division Rule 23, which requires movant’s counsel to notify the court whenever a motion has not been decided within 60 days of its submission or oral argument. The committees agree with the reasons stated in the Commercial Division Advisory Council’s memorandum in support of repeal.

REPORT

By Email

John W. McConnell, Esq.
Counsel
Office of Court Administration
25 Beaver Street, 11th Floor
New York, NY 10004
rulecomments@nycourts.gov 

October 30, 2019

Re: New York City Bar Association Comments on Proposal to Repeal Commercial Division Rule 23 (“60-day Rule”)

Dear Mr. McConnell:

Thank you for the opportunity to comment on the proposal to repeal Commercial Division Rule 23 which requires movant’s counsel to notify the court whenever a motion has not been decided within 60 days of its submission or oral argument. The New York City Bar Association (the “City Bar”) commends the Commercial Division Advisory Council (the “Advisory Council”) for undertaking this analysis and for recommending the repeal of this rule.

The City Bar favors the repeal of Commercial Division Rule 23 (22 NYCRR § 202.70[g], Rule 23) for the reasons stated in the Advisory Council’s memorandum in support of repeal.  

Very truly yours,

Michael P. Regan 
Chair, Council on Judicial Administration                                                         

Bart J. Eagle
Chair, State Courts of Superior Jurisdiction Committee

John Lundin
Litigation Committee