If a county judge is disqualified from acting in any case pending in his court and files a certificate pursuant to judiciary law section one hundred ninety-two, the time within which any proceeding may be taken, as fixed by statute or rule, does not begin to run until the certificate is filed.
R 9003.Running of time when county judge disqualified from acting in a case.
Article 90. Failure or Adjournment of Term of Court · Last amended 1963 · Last verified July 21, 2026
In one sentenceSection 9003 provides that when a county judge is disqualified from a case and files a certificate under Judiciary Law section 192, any statutory or rule-based time to take a proceeding does not begin to run until that certificate is filed.
Full Text of CPLR 9003
Plain-English Summary
Section 9003 deals with timing when a county judge is disqualified from a pending case. If the judge is disqualified and files a certificate under Judiciary Law section 192, the time within which any proceeding may be taken, whether that time is fixed by statute or by rule, does not begin to run until the certificate is filed.
The rule ties the start of the clock to the filing of the certificate. Until that filing occurs, the running of the applicable time period is held off.
Frequently Asked Questions
What triggers the timing rule in section 9003?
A county judge's disqualification from a pending case combined with the filing of a certificate under Judiciary Law section 192.
Does disqualification alone stop a filing deadline from running?
Section 9003 ties the delayed start of the time period to the filing of the certificate of disqualification under Judiciary Law section 192, not to disqualification by itself.
What kinds of time periods does section 9003 affect?
Any time within which a proceeding may be taken, whether that time is fixed by statute or by rule.
Which judges does section 9003 apply to?
It applies to a county judge who is disqualified from acting in a case pending in that judge's court.
Where does the certificate requirement in section 9003 come from?
The rule refers to a certificate filed under Judiciary Law section 192, which the committee notes describe as the successor provision to a prior Civil Practice Act certificate-of-disqualification requirement.
Advisory Committee Notes
This rule is derived from RCP 5. The certificate of disqualification to which it refers is provided for by CPA § 73, which has been transferred to the Judiciary Law as § 192. The rule has been restated so that it applies only if such a certificate is filed, since Judiciary Law § 192 and other provisions allow the case to continue before the Supreme Court or another county judge even if the certificate is not filed. See notes to § 325(e) and Judiciary Law § 192.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
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 judge disqualified running of timeCPLR 9003 certificate of disqualificationJudiciary Law 192 certificate CPLR 9003time tolled county judge disqualification