In New York civil practice, a “Notice of Settlement” means one of two things, and knowing which one you are dealing with is half the battle. The first is a quick administrative notice that counsel must give the assigned judge the moment a Supreme Court or County Court case settles, so the court can clear it from the active calendar. The second is a formal procedural document that a prevailing party serves on the other side when a judge directs them to “settle” a proposed order or judgment for the court’s signature. Both come from the Uniform Civil Rules; they do very different jobs.
The Two Things People Call a Notice of Settlement
The administrative version lives in 22 NYCRR 202.28. When the parties reach a settlement, counsel must immediately inform the assigned judge or court part, by letter or stipulation plus a call or email to chambers, so the court stops preparing for conferences, motions, and trial dates in a case that is over.1Legal Information Institute. New York Code 22 NYCRR 202.28 – Discontinuance of Civil Actions and Notice to the Court It is an informational communication. It does not contain the financial terms and it does not, by itself, close the case.
The procedural version lives in 22 NYCRR 202.48. When a judge decides a motion and tells the winning side to “settle” the order, that party drafts the proposed order, attaches a document titled “Notice of Settlement” that specifies a return date, and serves the package on everyone else so they have a chance to review the proposed language before it reaches the judge.2Legal Information Institute. New York Code 22 NYCRR 202.48 – Submission of Orders, Judgments and Decrees for Signature The Court of Appeals has described the “settle order” process as reserved for more complicated dispositions involving restraints or follow-up procedures, where opposing counsel needs an opportunity to object to the drafting.3New York State Unified Court System. An Overview on How to Submit/Settle and Enter Court Orders or Judgments
If you got here because your case just resolved, you want the first one. If a judge’s decision told you to settle an order, you want the second. Both are covered below.
Notifying the Judge That the Case Has Settled
The 202.28 obligation uses one word that controls everything else: “immediately.” Counsel must immediately inform the assigned judge or court part once a case is settled, discontinued, or otherwise disposed of.1Legal Information Institute. New York Code 22 NYCRR 202.28 – Discontinuance of Civil Actions and Notice to the Court The rule gives no day count because none is needed. Sitting on the news for a week because other matters got busy will not satisfy it.
The duty falls on “counsel,” which binds both sides. Plaintiff’s counsel usually takes the lead, since the plaintiff controls the discontinuance paperwork, but every attorney of record carries the obligation. Self-represented litigants are on the same hook.
The duty is not limited to settlements. Under 202.28(b), if the case or a pending motion becomes moot, if a party dies, or if a party files for bankruptcy, counsel must promptly notify the assigned judge in writing.1Legal Information Institute. New York Code 22 NYCRR 202.28 – Discontinuance of Civil Actions and Notice to the Court
What the Notification Should Say
The notification can take either of two forms: a copy of the stipulation of settlement or discontinuance, or a letter to the clerk of the assigned court part. Whichever you use, you also have to reach chambers directly by phone or email.1Legal Information Institute. New York Code 22 NYCRR 202.28 – Discontinuance of Civil Actions and Notice to the Court
Give court staff enough to find the file quickly: the full caption, the index number, the court part, and the date the settlement was reached. The settlement date on the letter is useful evidence that you complied with “immediately.” You do not need to disclose the financial terms or any confidential provisions. This is an alert, not a substantive filing.
How to File and Serve It
In counties and case types where e-filing is mandatory, the document goes through the New York State Courts Electronic Filing System (NYSCEF), and neither the court nor the County Clerk will accept paper from participating parties. Mandatory e-filing applies to certain case types in New York, Westchester, and Rockland counties, along with a few others.4New York State Unified Court System. Frequently Asked Questions NYSCEF records the filing date automatically.
Where e-filing is not mandatory, counsel files with the County Clerk and delivers a copy to chambers. Either way, the 202.28 notification is in addition to the formal stipulation of discontinuance, not a substitute for it.1Legal Information Institute. New York Code 22 NYCRR 202.28 – Discontinuance of Civil Actions and Notice to the Court
Closing the Case: Stipulation of Discontinuance
Telling the judge the case has settled does not actually end the lawsuit. The formal closing document is normally a Stipulation of Discontinuance, signed by all attorneys of record. Under CPLR 3217, the stipulation can be filed with the clerk without a court order, provided no party is a minor or incapacitated person and no non-party has an interest in the subject matter.5New York State Senate. New York Code CVP R3217 – Voluntary Discontinuance
A quirk that surprises people: CPLR 3217(d) places the filing obligation on the defendant. All stipulations and certificates of discontinuance are to be filed with the County Clerk by the defendant.5New York State Senate. New York Code CVP R3217 – Voluntary Discontinuance In practice, both sides have reason to track the filing, but the statute puts it on the defense.
How fast does it have to be filed? The Uniform Civil Rules do not set one universal deadline. Residential mortgage foreclosure actions have a specific one — 90 days after the settlement agreement is fully executed, under Section 202.12-a.6New York State Unified Court System. Uniform Civil Rules for the Supreme Court and the County Court In other case types, individual judges may set their own. If the closing paperwork drags, the court can issue a conditional order of dismissal that will drop the case automatically on a stated date.
Settling a Proposed Order or Judgment Under 202.48
When a judge’s decision directs you to “settle” an order, you are preparing a document for the court to sign and giving the other side a formal chance to object to your drafting. The winning party drafts the proposed order, attaches a Notice of Settlement with a return date, and serves the package on all other parties.
The service clock matters. Service on all parties must occur at least five days before the settlement date if done in person, or at least ten days before if done by mail. An opposing party who wants different language can serve a counter-order at least two days before the return date by personal service, or seven days by mail, with each proposed change clearly marked.2Legal Information Institute. New York Code 22 NYCRR 202.48 – Submission of Orders, Judgments and Decrees for Signature
On the return date, the court looks at both versions and signs the one that captures its decision, sometimes with its own modifications. After signing, the winning party has the order entered by the County Clerk, then serves a copy of the signed, entered order with notice of entry on everyone else, and files an affidavit of service with the Clerk.3New York State Unified Court System. An Overview on How to Submit/Settle and Enter Court Orders or Judgments Service of the notice of entry starts the 30-day clock for the losing party to appeal.
What Happens If You Don’t Notify
Skipping the 202.28 notice is not treated as a minor housekeeping lapse. While the case sits unnotified, the judge, law clerks, and court staff keep working on conferences, motions, and trial preparation in a matter that is already over. The Appellate Division rules at 22 NYCRR 1250.2(c) are explicit: any party or attorney who fails to immediately notify the court of a settlement “may be subject to the imposition of sanctions.”7Legal Information Institute. New York Code 22 NYCRR 1250.2 – Session and Calendar In Bank of New York Mellon v. Smith, the Second Department imposed monetary sanctions on both the respondent and its counsel after a six-month delay, calling the conduct a “flagrant violation” of the rule.
The case itself can also suffer. If no stipulation of discontinuance arrives within a reasonable time, the court may issue a conditional order of dismissal and then administratively dismiss the case. That becomes a real problem if the settlement still needs the court for enforcement, because restoring a dismissed case takes a separate motion and a credible explanation for the delay.
When a Party Is a Minor or Incapacitated
The standard route does not work if a party is a minor, has been judicially declared incompetent, or is a conservatee. Those settlements require court approval; the parties cannot simply sign a stipulation and file it. Under CPLR 1207, a guardian, parent with legal custody, or other authorized representative must move for court approval of the settlement terms, and the court’s order carries the weight of a judgment and also sets the attorney’s fee.8New York State Senate. New York Code CVP 1207 – Settlement of Action or Claim by Infant, Judicially Declared Incompetent or Conservatee A discontinuance filed through the ordinary CPLR 3217 process is invalid when a party is a minor or incompetent person.5New York State Senate. New York Code CVP R3217 – Voluntary Discontinuance