Q: Must a NY State Supreme Court Decision and Order include the "papers read" on the cover or somewhere in the text?
In a Decision and Order in an Article 78 case, the court granted respondent's Cross-Motion to Dismiss my Petition for failure to state a cause of action and, apparently sua sponte effectively converting the Cross-Motion into a motion for summary judgment, denied the Petition, as well, without notice to the parties. The Judge did not list the papers read on the cover page of the Decision and Order as is often done, nor did the Judge list the papers read anywhere in the text of the Decision, although the Judge did refer to some paragraphs of my Petition and of the Cross-Motion. Most significantly, the Judge made no reference whatsoever to the existence of, or the contents of, my Affidavit in Response to the Cross-Motion to Dismiss, which was properly filed and appears in the e-filed documents of the case. I am appealing the Decision and Order pro se to the First Department and need to know whether the CPLR or other rules require a Judge to list the "papers read." Thank you.
A:
CPLR 2219: "
(a) Time and form of order determining motion, generally. An order determining a motion relating to a provisional remedy shall be made within twenty days, and an order determining any other motion shall be made within sixty days, after the motion is submitted for decision. The order shall be in writing and shall be the same in form whether made by a court or a judge out of court. An order determining a motion made upon supporting papers shall be signed with the judge's signature or initials by the judge who made it, state the court of which he or she is a judge and the place and date of the signature, recite the papers used on the motion, and give the determination or direction in such detail as the judge deems proper. Except in a town or village court or where otherwise provided by law, upon the request of any party, an order or ruling made by a judge, whether upon written or oral application or sua sponte, shall be reduced to writing or otherwise recorded.
(b) Signature on appellate court order. An order of an appellate court shall be signed by a judge thereof except that, upon written authorization by the presiding judge, it may be signed by the clerk of the court or, in his absence or disability, by a deputy clerk."
See: https://www.nysenate.gov/legislation/laws/CVP/2219
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