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A Judge won't sign an "Order to Show Cause", and won't give approval to proceed by "Notice of Motion" what recourse do I have?

New York, NY |

Part Rules for the part I'm dealing with state:
"All motions are required to be brought by Order to Show Cause, unless authorization to proceed by Notice of Motion is obtained from
the court prior to filing."

Thing is this Judge has denied three Orders to Show Cause, and chances are he will not grant "authorization to proceed by Notice of Motion".

What recourse do I have?

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Attorney answers 4


Speak to an attorney with the specific facts and circumstances of your matter.


Before you proceed, you need something better than "chances are he will not grant..." If you can't get approval for your Notice of Motion and he won't sign the OTSC, your only option is to bring it to an Appellate Division Justice, which is not something I'd contemplate pro se.

I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. You should not rely upon free legal advice and I disclaim any liability for the results if you do.


Speak with a local lawyer who regularly appears before the judge your are in front of. Time to retain an attorney to help you draft the necessary OTSC.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or



From my understanding, and all the lawyers I have talked to; No Lawyer will just do a piecemeal job. They all want the whole case, and no-one I've talked to will just write one Order To Show Cause or Notice of Motion for me. Are Lawyers in New York State even allowed to do that?

Jayson Lutzky

Jayson Lutzky


Lawyers will not work on a piecemeal basis. Either you are the lawyer for the case or yu can not appear on the case. My earlier response meant for you to retain an attorney to represent you for the case and not work on a piecemeal basis.


You cannot appeal from the refusal to sign an Order to Show Cause. However, a Judge cannot prevent you from filing a motion. I would see if the Clerk will accept it. Is this something you can work out in a conference.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Paul Karl Siepmann

Paul Karl Siepmann


While technically not an appeal, you can go to an Appellate Division Justice with an Order to Show Cause that was not signed in the court below. CPLR § 5704 allows the appellate division or a justice thereof to grant any order or provisional remedy applied for without notice to the adverse party and refused by any court or a judge thereof.

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