How long does a city court judge in upstate NY have to deliver a written decision?
3 attorney answers
Typically, a decision on a motion is 60 days. But it depends on the type of decision the court is making. Is it a motion? A non-jury verdict? If a trial verdict and simple case, due process rights become involved, and unless the case is complex, the court is supposed to render a verdict fairly swiftly.
Be aware that based upon where you are located and what type of case you have, the sixty-day time limit may or may not be applicable. See http://www.nycourts.gov/rules/trialcourts/210.shtml for the rules of city courts outside of NYC. Therefore, before going to the judge's clerk or law secretary, you may want to inquire with the local clerk of court as to whether this time limit exists before potentially putting your foot in your mouth. Also, even if the limit does exist, I would tread lightly here, as was recommended by Mr. Galligan. You do NOT want to ever appear to be rushing a judge to render a decision, especially when he or she may very well have superiors who do this on a regular basis.
Please be advised that this answer is only provided for educational/informational purposes only such that no attorney-client relationship should be inferred from it being provided. Any such relationship is explicitly disclaimed, and the questioner is advised to consult with his, her, or its attorney for further advice and guidance.
Simply put, by rule, the lower court judge has sixty (60) days to issue a written decision and order, but typically, depending on the judge's busy docket (back-log of cases), this timeline may extend longer. It is probably best to inquire with the particular judge's law clerk periodically so as not to annoy the judge or the clerk, but to simple keep you on their radar. I say this simply because we are all human, and we never want to "annoy" a judge, which may spill over into any case. You should consult with an experienced civil litigation attorney in New York, tons of whom are profiled here on this website. All the best to you.