How much notice must a New York notice of motion give?

CPLR 2214(b) ordinarily requires notice and supporting affidavits at least eight days before the noticed hearing. Its sixteen-day notice and demand scheme changes answering and reply-paper timing. Actual service, part rules and an order to show cause require separate checks.

Responsible actor. The moving party serving notice of motion and supporting papers.

Confirm the actual return date and accepted court or assigned-part motion calendar.

Read the notice to identify ordinary eight-day notice or the sixteen-day notice and demand scheme.

Identify authorized service and any applicable CPLR 2103 effect without assuming every forward paper-service addition transfers mechanically.

Read an actual order to show cause separately. Its specified time and manner can replace ordinary notice.

This source guide requires the actual return date, notice scheme, authorized service and applicable directions. It publishes no automatic date or paid calculation. A backward count alone cannot establish sufficient motion notice.

1. Identify the actor, required act and governing procedural branch.
2. Establish the operative event, actual service route, completion and every controlling order.
3. Apply only the provision’s stated calendar model or minimum interval, with all necessary comparisons.
4. Check eligibility, local requirements, completed service or filing and any separate controlling period.

General Construction Law 20 ordinarily excludes the event day and counts calendar days. Establish the legal service-completion event before counting a completion-based period. CPLR 2103 additions require their stated service and procedural conditions; do not transfer pending-action paper additions automatically to original summons service. This guide publishes explanatory scenarios only.

Check General Construction Law 25-a and the actual applicable court, public holidays, orders and procedural branch. A closed-day rule for a forward act must not be used mechanically to shorten a minimum notice interval before a hearing. This guide supplies no automatic carry or inferred hearing date.

This source guide requires the actual return date, notice scheme, authorized service and applicable directions. It publishes no automatic date or paid calculation. A backward count alone cannot establish sufficient motion notice.

Assume an accepted Friday, October 23, 2026 return date, ordinary CPLR 2214(b) notice and legally effective personal service. A purely nominal eight-day backward count excluding the return date reaches October 15. This assumes the ordinary branch and does not establish the part’s actual requirements. October 15 illustrates the stated interval only. No automatic latest-service date is published.

Assume the moving notice invokes the sixteen-day notice and seven-day answering-paper demand for an October 23 return date. The nominal sixteen-day interval reaches October 7. The ordinary eight-day illustration cannot establish the enhanced-demand scheme. Check the actual notice, timely demand, service method and responding-paper branches.

Assume a Monday, October 19, 2026 return date and an ordinary eight-day minimum interval. The literal backward count reaches Sunday, October 11. Moving service forward mechanically could shorten the statutory notice interval. Establish the lawful notice and actual service date under the applicable court and part rules. This guide supplies no automatic carry.

Assume the court issues an order to show cause specifying service by October 16 and a particular method. CPLR 2214(d) allows service in place of notice of motion at the time and in the manner specified in the order. Read and satisfy the actual order. A generic eight-day calculation cannot substitute for its directions.

Ordinary and enhanced notice

CPLR 2214(b) distinguishes ordinary notice, ordinary answering affidavits and the enhanced demand scheme. Do not treat all numbers as one moving-party period.

Actual service method

CPLR 2103 identifies methods and additions under its conditions. Verify applicability to the actual notice and governing motion practice.

Order to show cause

CPLR 2214(d) authorizes service at the time and in the manner specified in the order. The actual order controls that branch.

• This source guide requires the actual return date, notice scheme, authorized service and applicable directions. It publishes no automatic date or paid calculation. A backward count alone cannot establish sufficient motion notice.
• Moving notice, opposition, cross-motion and reply papers are separate acts. CPLR 3213 commencement motions and orders to show cause require their own branches.

• Confirm the accepted return date and assigned-part rules.
• Preserve the actual notice, demands and supporting papers.
• Establish the authorized service method and completion.
• Read any order to show cause and different directions.
• Check the minimum interval without shortening it through an assumed rollover.
• Furnish the motion papers to the court under CPLR 2214(c) and applicable filing rules.
• Serve the required notice and supporting papers by a legally sufficient method and furnish papers to the court under CPLR 2214(c). Filing does not by itself prove sufficient notice or completed service.