Under CPLR 2214(b), a notice of motion in New York state court must be served at least eight days before the hearing, with answering affidavits due two days before. If the moving party serves at least sixteen days before the hearing and demands the longer response period in the notice of motion, the opposing party gets until seven days before to answer and the moving party gets a reply deadline of at least one day before. Those are the two tracks, and choosing between them (and counting the days correctly) is where most timing problems start.
The Two Tracks at a Glance
CPLR 2214(b) does not set a single deadline. It sets two, and the one that applies depends on when you serve and what your notice of motion says.
Standard Eight-Day Notice
On the default track, the notice of motion and all supporting affidavits must be served at least eight days before the return date. Answering affidavits are then due at least two days before the hearing. No reply is built into this track.1New York State Senate. New York Civil Practice Law and Rules Law R2214 – Motion Papers; Service; Time
Two days is tight. Practitioners who assume they always have a week to oppose a motion are relying on the extended track without checking whether it was actually triggered.
Sixteen-Day Notice With Demand
The seven-day opposition window only applies when both conditions are met: the moving party serves at least sixteen days before the hearing, and the notice of motion explicitly demands the extended response period. When both are satisfied, answering affidavits and any cross-motion must be served at least seven days before the hearing, and the moving party then has a reply deadline of at least one day before the hearing.2NYCOURTS.GOV. CPLR 2214 – Rule 2214 Motion Papers; Service; Time
Serving sixteen days out without the demand language in the notice does not get you the extended deadlines. The demand is what triggers the schedule; the early service alone is not enough.
Most practitioners choose the sixteen-day track when they can. It gives the opposing party a workable response window and preserves a real opportunity to reply, instead of forcing a two-day turnaround on both sides.
Extra Days When You Serve by Mail
Those deadlines assume personal service. Serve by mail and CPLR 2103 stretches every number. Mailing from within New York adds five days. Mailing from outside the state but within the United States adds six.3New York State Senate. New York Civil Practice Law and Rules 2103 – Service of Papers
So a moving party on the sixteen-day track who serves by mail from within New York is actually working with a twenty-one-day window. The safe habit is to calendar backward from the return date, add the mailing buffer first, and count from there. Miscounting by a single day can land your papers outside the statutory window.
Where Cross-Motions Fit
A cross-motion is treated like answering papers for timing purposes. On the sixteen-day track, a cross-motion with all supporting papers must be served at least seven days before the hearing. Supporting affidavits travel with the cross-motion at the time of service, not later.1New York State Senate. New York Civil Practice Law and Rules Law R2214 – Motion Papers; Service; Time
On the standard eight-day track, cross-motions face the same two-day deadline that applies to answering affidavits. That is rarely enough runway to prepare a serious cross-motion, which is another reason the sixteen-day track dominates in practice whenever a cross-motion is possible.
What Happens If You Miss a Deadline
CPLR 2214(c) is blunt: only papers served in compliance with the rule will be read by the court in support of or opposition to the motion, unless the court directs otherwise for good cause.1New York State Senate. New York Civil Practice Law and Rules Law R2214 – Motion Papers; Service; Time
In concrete terms, that cuts three ways. A moving party who serves the notice of motion too late can have the motion denied without a decision on the merits. An opposing party whose answering papers arrive late can have the motion decided on the moving papers alone, which is effectively a default. A cross-movant who misses the deadline can lose the cross-motion while the original motion goes forward.
Judges do have discretion to accept late papers when the delay is small, the reason is legitimate, and the other side is not prejudiced. That discretion is a safety valve, not a plan. The strongest position is timely service with proof ready if anyone challenges it.
Getting an Extension
When a deadline cannot be met, CPLR 2004 lets the court extend it for good cause, and the application can be made either before or after the time has expired.4New York State Senate. New York Civil Practice Law and Rules Law 2004 – Extensions of Time Generally
In day-to-day practice, most extensions are handled by stipulation between counsel, and courts routinely sign off on agreed adjournments. Contested extensions are a different exercise. You will generally need to explain the reason for the delay, show it was not the product of neglect, and demonstrate no material prejudice to the other side. Waiting until the return date to disclose that opposition papers are late is a credibility hit even when the underlying arguments are strong.
How This Differs From Federal Court
If you also practice in the Southern or Eastern District, do not carry the state deadlines across. Federal Rule of Civil Procedure 6(c) requires a written motion and notice of hearing to be served at least 14 days before the hearing, with opposing affidavits due at least 7 days before.5Legal Information Institute (LII) / Cornell Law School. Rule 6 – Computing and Extending Time; Time for Motion Papers
The mailing buffer is different too. FRCP 6(d) adds three days for service by mail, compared with five or six under CPLR 2103.5Legal Information Institute (LII) / Cornell Law School. Rule 6 – Computing and Extending Time; Time for Motion Papers Electronic service through CM/ECF is completed on filing for registered users, while service on non-registered users requires written consent.6Cornell Law School / LII. Rule 5 – Serving and Filing Pleadings and Other Papers
The structural difference is the biggest one. Federal practice runs on a single 14-day notice period with no explicit reply deadline in Rule 6. CPLR 2214(b) runs on two tracks and, on the extended track, guarantees the moving party at least a one-day reply window. The frameworks look similar at a glance and are easy to mix up when you are working cases in both systems.