Motion for leave to reargue in New York
A motion for leave to reargue must be made within 30 days after service of a copy of the order determining the prior motion, with written notice of its entry. Enter the service date and method.
- CPLR 2221(d)(3)
- CPLR 2103(b)
- Gen. Constr. Law 25-a
Find your motion deadline
Reargument of a prior motion in New York.
The day of service is not counted.
Holidays and court closures
New York public holidays under General Construction Law 24 are always skipped, including Lincoln's Birthday and Election Day.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Count 30 days after service of the order with notice of entry.
- Add time for the service method. Mail adds 5 days, overnight delivery 1 day.
- Move past closed days to the next business day.
Worked examples
| Example | Order served | Deadline |
|---|---|---|
| Served by e-filing | Mon, Oct 5, 2026 | Wed, Nov 4, 2026 |
| Served by mail | Mon, Oct 5, 2026 | Mon, Nov 9, 2026 |
Reargue or renew? Reargument asks the court to look again at facts or law it overlooked or misapprehended, and has the 30-day limit. A motion to renew, based on new facts, has no fixed time limit under CPLR 2221(e). A motion to reargue does not extend the time to appeal.
Common questions
How long do I have to move to reargue in New York?
30 days after service of the order with written notice of entry, under CPLR 2221(d)(3).
Does a motion to reargue extend the time to appeal?
No. File a notice of appeal on time even while the motion is pending.
Is there a deadline for a motion to renew?
No fixed one. CPLR 2221(e) requires new facts and a reasonable justification for not presenting them earlier.
Sources
- CPLR 2221
- CPLR 2103(b)
- New York General Construction Law, section 25-a
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.