(a) Ex parte motions. A motion in an action in a county court that may be made without notice may be made before a motion term of the county court or before the county judge out of court in any county in the state.
§ 2213.Where motion made, in county court action
Article 22. Stay, Motions, Orders and Mandates · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 2213 sets the venue rules for motions in a County Court action, letting ex parte motions be made to any county judge in the state and allowing a Supreme Court justice to step in on notice motions when no county judge is available.
Full Text of CPLR 2213
(b) Motions that may be made before the supreme court or a justice thereof. When no motion term is being held and there is no county judge available within the county, any motion in an action in a county court, whether or not on notice, may be made or noticed to be heard before a motion term of the supreme court or, upon order to show cause granted by a justice of the supreme court, before such justice out of court, in the judicial district where the action is triable or in a county adjoining the county where the action is triable, except a motion under article forty-four or a motion for an order that would dispose of the action, in whole or in part, in any manner other than by settlement under section 1207.
(c) The chief administrator of the courts may by rule exclude motions from the operation of this section within a department, district or county.
Plain-English Summary
County Court's jurisdiction stops at the county line, so CPLR 2213 doesn't need the broad geography of the Supreme Court venue rule in CPLR 2212. Ordinarily a motion in a County Court case goes to that county's court or judge. But the rule builds in a backup for when that's not available.
An ex parte motion can be made before a motion term of the county court or before the county judge out of court, in any county of the state, not just the one where the case is pending. When no motion term is being held and no county judge is available at all, subdivision (b) lets a party bring a motion, whether on notice or ex parte, before the Supreme Court or a Supreme Court justice, in the judicial district where the action is triable or an adjoining county. That backstop doesn't extend to motions under Article 44 or to motions that would dispose of the action, except for an infant's-settlement motion under CPLR 1207.
As with the Supreme Court rule, subdivision (c) lets the chief administrator exclude particular motions from this framework within a department, district, or county.
Frequently Asked Questions
Where do I bring an ex parte motion in a New York County Court case?
Before a motion term of the county court or before the county judge out of court, in any county in the state, under CPLR 2213(a).
What if no county judge is available to hear my motion?
CPLR 2213(b) lets you bring the motion, whether or not on notice, before the Supreme Court or a Supreme Court justice in the judicial district where the action is triable or an adjoining county, subject to certain exceptions.
Can I use the Supreme Court backstop in CPLR 2213 for a motion to dismiss the case?
Generally no. CPLR 2213(b) excludes motions that would dispose of the action, except for a motion to settle an infant's claim under CPLR 1207.
Does CPLR 2213 apply to trial-related motions under Article 44?
No. Motions under Article 44 are excluded from the Supreme Court backstop in CPLR 2213(b) and should be made to the trial judge instead.
Can the chief administrator change how CPLR 2213 applies in a particular county?
Yes. CPLR 2213(c) lets the chief administrator of the courts exclude motions from this section's operation within a department, district, or county.
Advisory Committee Notes
Since the County Court’s jurisdiction extends only to the county in which it is situated, unlike the statewide jurisdiction of the Supreme Court, there is no need for a general venue provision analogous to new CPLR § 2212. A motion in an action or proceeding in a particular County Court ordinarily must be made to that court or to the county judge.
The two subdivisions of this section—analogous to § 2212(b) and 2212(c) governing Supreme Court cases—are designed to provide alternative places for making motions when a county judge of the county is not available.
This section replaces subd 1 of CPA § 130. It differs from that subdivision in that it applies only when the motion cannot be made to the proper County Court or judge, in the types of orders covered and in that the sphere of authority granted a Supreme Court justice under subd (b) is limited to the judicial district in which the County Court case is triable or a county adjoining the county in which the action is triable. The latter limitation was suggested by the Board of Statutory Consolidation. 1 Report of the Board of Statutory Consolidation on the Simplification of the Civil Practice of New York, rule 39 (1915).
The criteria defining the kinds of orders covered by CPA § 130(1) are as vague as those governing § 130(2). It is unclear from the language of the provision whether the order must be one that may be made out of court and without notice, or whether it is sufficient that it may be made out of court. The cases have construed it narrowly, paying little attention to its language. See Curry v Earll, 209 App Div 205, 207, 203 NY Supp 750, 752 (4th Dept 1924); Edwards v Shreve, 83 App Div 165, 82 NY Supp 514 (2d Dept 1903); cf. In re National Bank of Oxford, 16 NYS2d 429, 430 (County Ct 1939). Thus, in Curry v Earll, holding that a Supreme Court justice could not consolidate actions pending in a Justice Court and a County Court, the court stated that § 130(1) did not apply to “matters affecting substantial rights of the parties or interfering with the jurisdiction and authority of the County Court.” Since consolidation is a discretionary matter, the court reasoned, “the exercise of discretion should in any event be left to the court in which the action will be tried.” Curry v Earll, supra at 207, 203 NY Supp at 752.
As in new CPLR §§ 2212(b) and 2212(c), the criteria of the former provision have not been used. Instead, subd (a), analogous to new § 2212 (b), allows ex parte motions to be made to the county court of any county. Subd (b) has been drawn to correspond with new § 2212(c). No reason is perceived for otherwise limiting a Supreme Court justice’s power to make orders in County Court cases. Cf. 1 Report of the Board of Statutory Consolidation on the Simplification of the Civil Practice of New York, rule 39 (1915).
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1986, ch 355, § 3, eff July 17, 1986.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: County Court motion venue New Yorkex parte motion county judge New Yorkno county judge available motion New YorkCPLR 2213 Supreme Court backup motion