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Stacy Adkins
Stacy Adkins, Lawyer
Category: Legal
Satisfied Customers: 152
Experience:  Law Clerk for 7 years
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I have filed a sworn affidavit to the NYS Supreme Court

Customer Question

I have filed a sworn affidavit to the NYS Supreme Court explaining why I need a 60 day extension to answer the interrogatories, discovery and deposition requests of the defendants. I have also drafted and filed a proposed "order to grant extension of deadline" with fill in blanks for the Judge to sign.I followed procedures outlined by NYCOURTHELP.GOV guidance . The Judge will not rule on this and has set a date for a preliminary hearing. I have read on the website included here that I must submit a sworn affidavit why I need the deadline extension and I must submit an order to show cause . which my " order to grant an extension" is without the heading "order to show cause." ? I am aware that CPLR 2004 states a Judge can extend deadlines even after the deadlines have passed. Do I have to send the sworn affidavit and proposed order granting the extension to the defendants also before the Judge can rule on it ? pro se Steve
Submitted: 3 months ago.
Category: Legal
Expert:  Stacy Adkins replied 3 months ago.

Hi, I think I understand your question. It appears you have filed a motion for an extension, along with the affidavit which contains your reasoning along with a proposed order. All motions, along with their supplemental attachments, should be served on all parties to the case. Notice of the motion should be provided at least eight days prior to the hearing, adding an additional five days if it is to be served by mail. This page outlines more of the procedures for you along with a link to a service form, if needed.

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