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FORM No. 66. The same, when not indorsed upon the motion papers. [Title of court and cause.)

It is hereby stipulated that the defendant's [or, plaintiff's] motion [to set aside the judgment and execution herein—or, order to show cause why, etc., describing the relief sought] noticed for a hearing [or, returnable] at a special term of this court to be held at the City Hall [or, County Court House] in the of

day of

19

[or, noticed for a hearing - or, returnable - before Hon.

Justice of this court, at his chambers or other place — at

A. M., on the day of

19 ,t] is adjourned to be heard at the same place before the same court (or, judge) at the same hour, on the day of

19 or as soon thereafter as counsel cap be heard [but without prejudice, etc., continuing as in preceding Form.]

[Date and signatures as in Form No. 65.]

on the

FORM No. 67. Stipulation that a motion noticed for a proper county may be heard in a

county for which it could not have been noticed.95

on the

[Title of court and cause.]

It is hereby stipulated that the within motion † may be brought on to be heard at a Special Term of this court to be held [or, brought on to be heard before the same judge — or, before Hon.

a Justice of the above court) at the City Hall [or, County Court House, or other place] in the city [or, town] of in the county of

day of 19 at the opening of the court [or, at 11 A. M., or other time), or as soon thereafter as counsel can be heard, instead of at the [time and] place in the county named in the within notice of motion (and for caution may add:] but without prejudice to the plaintiff's [or, defendant's] right to make any [preliminary or other] objections to the said motion, or the hearing thereof, as fully as if the motion had been heard at the [time and] place specified within, except that all objections to the place of hearing the motion are hereby waived.

[Date and signatures as in Form No. 65.]

96 See paragraph 118 (above.)

FORM No. 68.

The same, when not indorsed upon the motion papers.

[Same as in next preceding Form, but one, to the t, and then continue as in last Form from the t.]

FORM No. 69.

The same, waiving objection that the motion was noticed for a wrong

county.96

[Short form if indorsed upon the notice of motion.]

It is hereby stipulated that the objection that the within motion is not noticed for hearing in a proper county is hereby waived [but without prejudice to any other preliminary, or other objection or question whatever, that may arise at the hearing of the motion.]

[Date and signatures as in Form No. 65.]

FORM No. 70. Order of a judge transferring a motion, or order to show cause, returnable

before himself, to another judge.97 [Title of court and cause ; but this may be omitted if the order

be indorsed upon notice of motion or order to show cause.

Owing to my intended absence (or specify other inability to hear the motion] on the day when the within motion (or order to show cause] is noticed to be heard [or, is returnable], † let the same be transferred to and heard by Hon.

a Justice of this court [specifying a judge before whom the motion might have been originally made], 'at the time and place specified in said notice of motion [or, order to show cause or, state other time or place]. [Date.]

[Signature of the judge before

whom the motion was orig

inally noticed, with title.]

FORM No. 71. Stipulation securing same object as last preceding order.28 [Adapt from last preceding Form, except omitting the word "letat the and inserting in place thereof the words“ it is

06 See paragraph 118 (above). 87 See paragraph 120 (above).

98 See paragraph 120, supra.

hereby stipulated that,” and adding signatures of the attorneys for the different parties in place of that of the judge.]

FORM No. 72. The same, when not indorsed upon the motion papers. [As in last Form but one; but prefix title of court and cause; omit the words“ the within," and substitute “a” in place thereof, and insert at the t a description of the relief sought and specify time and place as in previous forms.]

of

FORM No. 73. Adjournment of contested motion at special term to chamber8.99 [Title of court and cause; but this may be omitted if the stipula

tion be indorsed upon motion papers.]

It is hereby stipulated between the parties to this motion, that with the consent of Hon , the Justice now holding the Special Term of this court, before which the within motion is noticed for a hearing, the same shall be heard by said justice at the office of (or other place] in [city and county] on the day

, 19, at 11 A. M. (or other time], or as soon thereafter as counsel can be heard. [Date.]

[Signatures of attorneys for

all parties.] FORM No. 74. Adjournment of motion for further preparation, etc.1 [Title of court and cause; but this may be omitted if the order or

stipulation be indorsed upon the motion papers.] Ordered [or, stipulated] that the within motion be adjourned to be heard at the same place and hour on the day of 19, with leave to the defendant [or, plaintiff] to prepare [further) affidavits in opposition to the motion (and without prejudice to his right to make any objection to the jurisdiction of the court (or other preliminary objection desired to be raised], or any other

99 Unless this adjournment is taken to the chambers of a justice, the stipulation should be made in writ. ing and filed with the clerk. Al though in terms Code Civ. Pro., § 37 applies only to trials, and may not govern the hearing of a motion, if it is held to apply, a stipulation in

open court will not suffice. Armstrong 1. Loveland, 99 App. Div. 28. 90 N. Y. Supp. 711; if the adjourn. ment is to a justice's chambers by counsel's consent, an entry in the minutes is sufficient. Code Civ. Pro., $ 239.

1 See paragraph 127 (above).

preliminary objection, as fully as if this adjournment had not been had.] [Date.]

[Signature of judge.] [Or, in case of a stipulation, the signatures of the attorneys for the different parties.]

FORM No. 75.

Note of issue on motion.3

[Title of court and cause.] *
M. N., attorney for plaintiff [giving office address).
0. P., attorney for defendant [giving office address].

Motion by [defendant] to make the complaint more definite and certain (or other description of the nature of the motion) noticed for the

19. [Signature of] Attorney for the (defendant]

in support of the motion.

day of

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FORM No. 76.

Note of issue for Appellate Division motion. Supreme Court, Appellate Division

(First] Department.

[Title]

Motion for leave to appeal to the Court of Appeals.
Noticed for [Friday, November 16, 1906.]

M. N., Attorney for Plaintiff-Appellant.
0. P., Attorney for Defendant-Respondent.

FORM No. 77. Note of issue for appeal heard as a nonenumerated motion at Appellata

Division.6

(Title of court and cause as in preceding Form.]

Appeal from order [denying motion for bill of particulars.] 2 See paragraph 128.

Thursday preceding the Friday for 3 See paragraph 122 (above). which the motion is noticed. App.

4 The names of parties may be Div. Rules, Ist Dent., No. II. limited to “ John Doe, and others, 6 File eight days before day noplaintiffs,” etc.

ticed. Gen. Rule No. 39. 5 File with the clerk in the first File at the same time, in the first department before

the department, sixteen copies of appeal

noon

on

Noticed for [Friday, November 16, 1906.]
Notice of appeal served on the

day of

19
[Names of attorneys as in previous Form.]

FORM No. 78.
Note of issue for an appeal heard as an enumerated motion.
[Title of court and cause as in preceding Form but one.]

Appeal from sjudgment of the Special Term.]
Noticed for the December, 1906] Term.
Notice of Appeal served on the

[Preference is claimed on the ground that the sole party plaintiff-appellant is an executor. ]

[Names of all attorneys, etc., as in previous forms.)

day of

19

FORM No. 79. Motion to dismiss appeal, or for judgment on enumerated or nonenumerated

motion for failure to file or serve papers.8 [Title of court and cause, as in Form 76.]

Please take notice, that upon the annexed affidavit of A. B., a copy of which is herewith served upon you, the undersigned will move this court at a term thereof to be held in and for the first (or other] department at the [Appellate Division Court House) in the Borough of Manhattan, county of New York, on the day of 19, at the opening of the court, or as soon thereafter as counsel can be heard, that the appeal [describing it], be dismissed [or, that judgment be rendered in favor of the respondent] on the ground of your failure to serve or file the papers required to be furnished by Rule No. 41 of the General Rules of Practice, or for such other or further relief as may be just, with costs of this motion.

[Date, signature, and address, as in Form No. 47.]

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papers and an affidavit showing seryice upon respondent of three copies, and a notice of argument with admission or proof of service. First Depl. App. Div., Rules No. IV.

Consult special rules of other appellate division for variations.

See paragraph 4, supra, to what are non-enumerated motions.

7 File fifteen days before first day of term, with additional papers, in the first department, as in case of

appeal from order, and also with copies of appellant's points and proof of service of three copies; see note to preceding form.

See paragraph 4, supra, what are enumerated motions,

8 See paragraph 124 (above). 9 Not less than three days' notice must be given (four in first department), and the motion must be no ticed for a motion day. N. Y. Gen. Rule No. 41.

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