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Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing, each party shall furnish to the court all papers served by him. The petitioner shall furnish all other papers not already in the possession of the court necessary to the consideration of the questions involved.
(b) Summary determination. The court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised.
Upon the hearing, each party shall furnish to the court all papers served by him. The petitioner shall furnish all other papers not already in the possession of the court necessary to the consideration of the questions involved.
404. Objections in point of law. (a) By respondent. (b) By petitioner. 405. Correction of defects in papers. (a) Motion to correct. (b) Time limits; pleading after disposition. (c) Petitioner's motion. 406. Motions. 407. Severance. 408. Disclosure. 409. Hearing. (a) Furnishing of papers; filing. (b) Summary determination. 410. Trial. 411. Judgment.
CPLR § 409 (b) provides: The court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised.
mobilizationforjustice.org DownloadNY CPLR 409(b), which relates to “Hearings” provides, in pertinent part: The court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised. The court may make any orders permitted on a motion for summary judgment.”
New York Civil Practice Law & Rules R409 - Hearing. Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing, each party shall furnish to the court all papers served by him. The petitioner shall furnish all other papers not already in the possession of the court necessary to the consideration of the questions involved.
404 - Objections in Point of Law. 405 - Correction of Defects in Papers. R406 - Motions. 407 - Severance. 408 - Disclosure. R409 - Hearing. 410 - Trial. R411 - Judgment. Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information.
Since the language of the first sentence of CPLR § 409 (b) is mandatory (" [t]he court shall make a summary determination"), the statute itself requires that a summary determination be made whenever "no triable issues of fact are raised," regardless of the posture of the proceeding.
(b) Time for service of notice of petition and answer. A notice of petition, together with the petition and affidavits specified in the notice, shall be served on any adverse party at least eight days before the time at which the petition is noticed to be heard.