NY

Notice of Non-Compliance - Judge

CPLR §2219(a) - Judicial Compliance

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JURISDICTION: NEW YORK

This template applies to New York State courts (Supreme, Family, Appellate Division) governed by CPLR, DRL, FCA, and 22 NYCRR.

NOTICE OF NON-COMPLIANCE — JUDGE

[NY][CPLR] Demand for Written Decision with Findings

⚠️ Before Using This Template

USE this template when:

  • Judge decided motions orally without written orders in NYSCEF/file
  • Decisions affect substantive rights or may be appealed
  • You've waited reasonable time (2-4 weeks) for written order
  • You need written findings for appellate record
  • Judge's ruling involves discretion that should be documented

DO NOT use this if:

  • Oral ruling was made on the record (transcript exists)
  • This is routine procedural matter (scheduling, adjournments)
  • Written order already exists but you disagree with it (file appeal instead)
  • You're seeking to re-argue the merits (this won't change the decision)
  • No prejudice from lack of written order (harmless error)

Appropriate example: Judge decided dispositive motion #5 orally 6 weeks ago; no written order in NYSCEF; you need it for appeal.

Inappropriate example: Judge denied your motion last week and you want to argue about it (this isn't a motion for reconsideration).

Legal Authority

You are bound by:

  • CPLR §2219(a): "An order shall state the grounds on which it is based and shall specify the papers on which it was made."
  • 22 NYCRR §202.48(b): Decisions on motions "shall be in writing or on the record."
  • CPLR §5704(a): Party may move to vacate or modify ex parte orders.
  • Due Process: Right to notice, hearing, and written findings before deprivation of liberty or property interests.

Record Status

As of {{date}}, the following motions or applications have been decided orally or without written orders entered in the record:

  1. Motion No. {{ID}} — {{Subject}} — {{Oral ruling date or docket entry}}
  2. Motion No. {{ID}} — {{Subject}} — {{Oral ruling date or docket entry}}
  3. {{Additional motions as applicable}}

No written orders stating grounds or papers considered appear in the NYSCEF docket or court file.

Demand

Pursuant to the above statutory provisions, you are demanded to:

  1. Enter written orders for each motion or application listed above, stating:

    • Grounds for the decision
    • Papers and evidence considered
    • Findings of fact (if applicable)
    • Conclusions of law

  2. Provide these orders within {{X}} business days of service of this notice.

Preservation and Record Notice

This notice preserves the record for appellate review and administrative complaint under:

  • CPLR Article 55 (appeals)
  • 22 NYCRR Part 1 (judicial conduct)
  • Applicable federal civil rights statutes (42 U.S.C. §1983)

Service

Served via {{NYSCEF upload / hand delivery / certified mail}} on {{date}}.

Certification of Service

I certify that this Notice of Non-Compliance was served upon Hon. {{Judge Name}} via {{method}} on {{date}}.

{{Your Signature}} {{Your Name}} {{Address}} {{Phone}} {{Email}}