N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.25 - Objections to applications for special preference
(a) Within 20 days of the filing
of the note of issue, if the notice of motion for a special preference is filed
therewith, or within 10 days of the service of a notice of motion to obtain a
preference, if served and filed subsequent to service and filing of the note of
issue, any other party may serve upon all other parties, and file with the
court affidavits and other relevant papers, with proof of service, in
opposition to granting the preference. In the event opposing papers are filed,
the party applying for the preference may, within five days thereafter, serve
and file in like manner papers in rebuttal.
(b) In any action which has been accorded
a preference in trial upon a motion, the court shall not be precluded, on its
own motion at any time thereafter, from ordering that the action is not
entitled to a preference under these rules.
(c) Notwithstanding the failure of any
party to oppose the application, no preference shall be granted by default
unless the court finds that the action is entitled to a preference.
Notes
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