Repeal of Rule 23: the 60-Day Rule

On June 23, 2020, Chief Administrative Judge Marks approved the repeal of Rule 23 of the Commercial Division Rules.  Rule 23 (known as the “60-Day Rule”) required movant’s counsel to notify the court and other parties whenever a motion had not been decided within 60 days of its submission or oral argument. 

As the Commercial Division Advisory Council noted in its September proposal, a repeal was necessary because “(1) the rule puts attorneys in the difficult position of reminding judges of their failure to make a decision and is therefore rarely followed; (2) an analogous rule applicable more broadly to Supreme and County Court (22 NYCRR § 202.8(h)) was rescinded in 2006; and (3) judges currently receive notice of such unresolved motions through other channels.”

The repeal is a much needed update to the Commercial Division Rules and will bring it in alignment with the Uniform Rules, which repealed a nearly identical rule over a decade ago.

By Michael Farinacci