When must a New York motion for leave to reargue be made?

Preserve the determining order, written notice of entry and actual party service. Signing, docket entry and the clerk’s NYSCEF entry notification alone do not supply this event.

Identify a motion to reargue based on overlooked or misapprehended law or facts. Distinguish renewal, which relies on its separate statutory grounds.

Responsible actor. The party requesting reargument of a trial-court motion determination. Trial-court reargument under CPLR 2221(d)(3), personally or validly NYSCEF served order and written notice of entry, no mail addition or different actual direction. No appeal date is determined.

1. Preserve the determining order, written notice of entry and actual party service. Signing, docket entry and the clerk’s NYSCEF entry notification alone do not supply this event.
2. Identify a motion to reargue based on overlooked or misapprehended law or facts. Distinguish renewal, which relies on its separate statutory grounds.
3. Exclude the established trigger day and count 30 calendar days forward. Intermediate weekends and public holidays remain in the count. General Construction Law 25-a permits the next succeeding business day for a closed final statutory day.
4. Make the noticed reargument motion by valid service under CPLR 2211 and complete required filing. Track appeal time independently. The calculator does not extend an appeal.

General Construction Law 20 excludes the event day. Its closed-intervening-day exception applies to an exact two-day period, not to a one-day period. Intermediate weekends and public holidays count in other calendar-day periods. Section 25-a expressly includes statutory periods before which an act is due and permits the next succeeding business day for a closed final day. Rollover can place a backward boundary on the return date; preserve the stated hour and actual court directions. Roberts, a separately identified uncorrected Supreme Court decision concerning opposition to a cross-motion, applied section 25-a to a Sunday boundary before a Monday return. It is corroboration of that final-day treatment, not a different universal briefing rule.

The independently derived 2026 and 2027 calendar follows General Construction Law 24 and Election Law 8-100. It includes Lincoln’s Birthday, Flag Day on the second Sunday in June, Juneteenth, general election day and the other specified holidays. Section 24 adds the next day when a listed holiday falls on Sunday, except Flag Day. A Saturday holiday is not automatically observed on Friday under this provision. Additional appointed holidays and actual court or system closures require separate proof.

These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. Backward presets require an actual open-day return date. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.

Fictitious example

Trial-court reargument under CPLR 2221(d)(3), personally or validly NYSCEF served order and written notice of entry, no mail addition or different actual direction. No appeal date is determined. Fictitious established event on the input date. Trial-court reargument under CPLR 2221(d)(3), personally or validly NYSCEF served order and written notice of entry, no mail addition or different actual direction. No appeal date is determined.

Fictitious established facts. The result does not prove valid service, the required exception, actual filing, preserved jurisdiction or a granted court extension. The applicable hour and actual court directions remain separate checks.

Reargument substance

CPLR 2221(d) requires identification as reargument and overlooked or misapprehended matters. It does not permit new facts absent from the prior motion.

Renewal is different

CPLR 2221(e) identifies new facts or a change in law and its reasonable-justification requirements. It does not state the same thirty-day limit.

Appellate determinations

Subdivision (d)(3) excludes reargument of Appellate Division and Court of Appeals decisions. Check their own rules.

Late reconsideration is discretionary

Kugel upheld consideration beyond thirty days where the appeal remained pending and unperfected. That judicial fact-specific boundary does not create automatic extra days or an appeal extension.

Method and notice of entry

Qualifying mail and overnight trigger service require CPLR 2103 additions. Rule 202.5-b(h)(2) separately distinguishes party notice-of-entry service from the clerk’s notification.

Edition and calendar coverage

These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. Backward presets require an actual open-day return date. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.

• Trial-court reargument under CPLR 2221(d)(3), personally or validly NYSCEF served order and written notice of entry, no mail addition or different actual direction. No appeal date is determined.
• The selected date supplies only the disclosed statutory branch. It does not validate the facts or authorize an unmodeled alternative.

• Preserve the determining order, written notice of entry and actual party service. Signing, docket entry and the clerk’s NYSCEF entry notification alone do not supply this event.
• Identify a motion to reargue based on overlooked or misapprehended law or facts. Distinguish renewal, which relies on its separate statutory grounds.
• Make the noticed reargument motion by valid service under CPLR 2211 and complete required filing. Track appeal time independently. The calculator does not extend an appeal.
• CPLR 2221(d) requires identification as reargument and overlooked or misapprehended matters. It does not permit new facts absent from the prior motion.
• CPLR 2221(e) identifies new facts or a change in law and its reasonable-justification requirements. It does not state the same thirty-day limit.
• Subdivision (d)(3) excludes reargument of Appellate Division and Court of Appeals decisions. Check their own rules.
• Kugel upheld consideration beyond thirty days where the appeal remained pending and unperfected. That judicial fact-specific boundary does not create automatic extra days or an appeal extension.
• Qualifying mail and overnight trigger service require CPLR 2103 additions. Rule 202.5-b(h)(2) separately distinguishes party notice-of-entry service from the clerk’s notification.
• In the applicable Supreme Court NYSCEF program, rule 202.5-b(d)(3)(i) permits transmission day or night and identifies recorded transmission with required fee information or permitted actual later payment as the filing event. Interlocutory service under (f)(2) depends on the transmitted NYSCEF notification reaching the proper participating addresses. Filing initiating papers does not itself establish defendant service. Under (h)(2), the clerk’s entry notification is not party service of notice of entry. Preserve the actual document, proof, timestamp, fee event, recipients and court requirements. Paper filing requires the applicable office procedure and receipt. The qualifying technical-failure and emergency hard-copy branches in (i) and (d)(1)(iii) require their actual conditions and later electronic filing; they are not presumed here.