When are New York answering affidavits due without a demand?

Read the served notice and supporting papers. Establish the actual return date, return time and absence of a qualifying sixteen-day demand.

A motion served well in advance does not by itself impose the seven-day opposition branch. Compare the demand’s wording, actual service and any separate briefing order.

Responsible actor. The party opposing the noticed motion. The default two-day answering-affidavit branch, personal service, an actual open-day return date and no qualified demand, order to show cause, method addition or different briefing order.

1. Read the served notice and supporting papers. Establish the actual return date, return time and absence of a qualifying sixteen-day demand.
2. A motion served well in advance does not by itself impose the seven-day opposition branch. Compare the demand’s wording, actual service and any separate briefing order.
3. Exclude the actual return day and count backward. In this exact two-day period, General Construction Law 20 excludes Saturday, Sunday and public holidays only when they intervene before the final counted day. Final-day rollover is separate under section 25-a.
4. Serve the answering affidavits by the statutory boundary and furnish the required papers to the court. If rollover reaches the return day, preserve the applicable hour and any stricter actual direction.

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

The default two-day answering-affidavit branch, personal service, an actual open-day return date and no qualified demand, order to show cause, method addition or different briefing order. Fictitious established event on the input date. The default two-day answering-affidavit branch, personal service, an actual open-day return date and no qualified demand, order to show cause, method addition or different briefing order.

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.

Exact two-day exception

General Construction Law 20 excludes closed intervening days only for an exact two-day period. A closed final day is handled separately under section 25-a.

Qualified demand

Notice served at least sixteen days before the return time, with the stated demand, invokes seven-day answering and one-day reply periods. This preset excludes that branch.

No invented clear day

The statute states at least two days, not two clear days. Exclude the return day under section 20 without adding another day.

Court and service requirements

Orders to show cause can specify their own timing and method. Furnishing papers, actual part rules and valid personal service remain separate checks.

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.

• The default two-day answering-affidavit branch, personal service, an actual open-day return date and no qualified demand, order to show cause, method addition or different briefing order.
• The selected date supplies only the disclosed statutory branch. It does not validate the facts or authorize an unmodeled alternative.

• Read the served notice and supporting papers. Establish the actual return date, return time and absence of a qualifying sixteen-day demand.
• A motion served well in advance does not by itself impose the seven-day opposition branch. Compare the demand’s wording, actual service and any separate briefing order.
• Serve the answering affidavits by the statutory boundary and furnish the required papers to the court. If rollover reaches the return day, preserve the applicable hour and any stricter actual direction.
• General Construction Law 20 excludes closed intervening days only for an exact two-day period. A closed final day is handled separately under section 25-a.
• Notice served at least sixteen days before the return time, with the stated demand, invokes seven-day answering and one-day reply periods. This preset excludes that branch.
• The statute states at least two days, not two clear days. Exclude the return day under section 20 without adding another day.
• Orders to show cause can specify their own timing and method. Furnishing papers, actual part rules and valid personal service remain separate checks.
• 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.