--- name: ny-submit-order title: Post-Hearing Order Submission in New York description: Use after a hearing or motion decision when the prevailing party needs to submit a proposed order for signature. Triggers include 'NY post-hearing order submission', 'settle order on notice', '22 NYCRR § 202.48 60-day rule', 'submit a proposed order to chambers in NY', 'counter- order', 'serve a settle-order packet', 'NY order on submission', 'how do I get the Justice to sign my order', 'transmittal letter to chambers'. Implements the 22 NYCRR § 202.48 settle-order procedure with the 60-day clock plus the 10-day notice + 5-day counter-order window. Handles the chambers transmittal letter and the post-signature NYSCEF Notice of Entry. author: codearranger author_url: https://github.com/codearranger/claude-legal/tree/main/plugins/ny-court-docs/skills/ny-submit-order license: MIT version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en --- # Post-Hearing Order Submission in New York > **NOT LEGAL ADVICE.** The 60-day settle-order clock is > jurisdictional in many courts. Missing it forfeits the > right to settle the order. ## When this skill applies After the Justice rules on a motion, one of three things happens: 1. **Short-form Decision and Order** — the Justice writes the decision on the proposed order itself; no further submission needed. The order is filed by chambers via NYSCEF. 2. **Decision directs settle order** — "Settle order on notice" or "Settle order on submission"; the prevailing party must submit a proposed order within 60 days. 3. **Decision is self-executing** — no order needed (rare). This skill covers #2: the **settle-order procedure**. ## The 22 NYCRR § 202.48 framework ``` Day 0: Justice issues Decision directing settle order Day 0–60: Prevailing party drafts proposed order Day X: Prevailing party serves proposed order on opposing party (≥10 days before submission) Day X+5: Opposing party may serve a counter-order Day X+10: Prevailing party submits proposed order to chambers, attaching counter-order (if served) and a cover letter discussing differences Day ≤60: Prevailing party submits to chambers; missing this deadline is fatal absent extension ``` ### On notice v. on submission | Direction | Procedure | |-----------|-----------| | **"Settle order on notice"** | Serve proposed order on opposing party 10 days before submission; opposing may serve counter-order within 5 days | | **"Settle order on submission"** | Submit proposed order to chambers without separate service (NYSCEF service of the filing is sufficient) | ## Proposed-order content The proposed order should **track the Justice's decision exactly**: - Use the decision's exact language for the relief granted - Do not add relief not granted in the decision - Do not omit relief granted in the decision - Use the decretal "ORDERED that..." format See `ny-draft-order` for the proposed-order template. ## Chambers transmittal letter When submitting on notice (or on submission), include a cover letter: ``` [Date] Hon. [Justice Name], J.S.C. Supreme Court, [County] [Courthouse Address] Re: [Caption], Index No. [#####/YYYY] Submission of Proposed Order Dear Justice [Name]: Enclosed for the Court's signature is a proposed Decision and Order in the above-captioned matter, submitted on notice pursuant to 22 NYCRR § 202.48 and the Court's Decision dated [DATE]. The proposed order tracks the Court's directives in [GRANTING / DENYING] Defendant's motion under CPLR [SECTION]. [If on notice and opposing served a counter-order:] A copy of the proposed order was served on Plaintiff's counsel on [DATE] (attached as Exhibit 1). Plaintiff's counsel served a counter-order on [DATE] (attached as Exhibit 2). The principal difference between the two proposed orders is [DESCRIBE]. The undersigned respectfully submits that this Court's proposed order should be entered because [REASON]. Respectfully submitted, [Print Name] Self-Represented Defendant [Phone, email] ``` ## Counter-order procedure If the opposing party served a counter-order: 1. **Review both proposed orders** side by side 2. **Identify differences** — language, scope, conditions 3. **Submit both to chambers** with a cover letter discussing the differences 4. Chambers selects (or modifies) one of the proposed orders and enters it ## Post-signature: Notice of Entry After the Justice signs and the order is entered (filed on NYSCEF by the clerk): 1. **NYSCEF notifies all parties** automatically 2. **Prevailing party files a Notice of Entry** (CPLR 5513(a)) — triggers the 30-day appeal clock 3. **Notice of Entry**: ``` SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF [COUNTY] ----------------------------------------- X [CAPTION] Index No. [#####/YYYY] Hon. [JUSTICE] [Plaintiff(s),] NOTICE OF ENTRY -against- [Defendant(s).] ----------------------------------------- X PLEASE TAKE NOTICE that the annexed is a true copy of the Decision and Order of the Hon. [Justice], dated [DATE], and filed and entered in the Office of the Clerk of the Court on [DATE]. Dated: [...] [Signature] ``` Filed via NYSCEF as document type "Notice of Entry." ## Common errors | Error | Consequence | |-------|------------| | Missing 60-day deadline | Right to settle order deemed abandoned (CPLR analog — *Funk v. Barry*, 89 NY2d 364) | | Submitting order that goes beyond the decision | Justice rejects or modifies | | Failing to serve 10 days before submission (on notice) | Justice may refuse to sign | | Submitting without cover letter discussing counter-order differences | Justice can sign either; favorable side often loses | | Failing to file Notice of Entry | 30-day appeal clock may run anyway upon NYSCEF entry | ## Composition with other ny- skills - `ny-draft-order` — proposed-order content - `ny-hearings` — post-hearing follow-up - `ny-deadlines` — 60-day clock + appeal clock - `ny-fact-check` — pre-submission QC