___ AD3d ___, 2015 NY Slip Op 03450 [1st Dept., 2015]
The issue presented is whether the act of “filing” motion papers can be given controlling status for summary judgment deadline purposes. The motion court and the Appellate Division said “yes,” but the argument here is that it should not.
In this case, the assigned justice’s individual part rules set a deadline for summary judgment motions not based on the date the motion was “made,” but rather on the date it was “filed.” Motions were to be “filed” within 60 days of the filing of the note of issue. The movant “made” the motion within the time limit, but “filed” the papers the day after it expired. The judge denied the motion as untimely, and the Appellate Division affirmed.