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June 2, 2014
Proposed adoption of amendment to 22 NYCRR 202.70(d)
relating to assignment of cases to the Commercial Division
The Supreme Court Committee reviewed the Office of Court Administration (“OCA”) proposal regarding the adoption of an amendment to 22 NYCRR 202.70(d) relating to assignment of cases to the Commercial Division within 90 days of service of the complaint.
A majority of members of the Supreme Court Committee at our meeting on May 20, 2014 voted in favor of the proposal following a presentation by members of the Commercial Division Advisory Council.
The amendment to 22 NYCRR 202.70(d) would permit a party to seek assignment of a case to the Commercial Division by filing a Request for Judicial Intervention (“RJI”) within 90 days of service of the complaint and attaching a completed Commercial Division RJI Addendum. Assignment to the Commercial Division after the 90 days following service of the complaint would require letter application demonstrating good cause to the Administrative Judge or sua sponte transfer.
The Committee discussed the concern that the 90-day time limit may prompt an RJI to be filed for a case that may ultimately settle, resulting in a waste of judicial resources. However, the Committee decided that the provision allowing parties to make a letter application showing good cause for late assignment was a sufficient safeguard against this potential problem.