October 6, 2017

Settling an order.

Practice point:  Pursuant to 22 NYCRR 202.48[a], "[p]roposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within 60 days after the signing and filing of the decision directing that the order be settled or submitted."

Student note:  Pursuant to 202.48[b], "[f]ailure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown."

Case:  HSBC Bank USA, N.A. v. Yonkus, NY Slip Op 06921 (2d Dep't October 4, 2017)

Here is the decision.