When a court issues a decision and order that is self-effectuating, nothing further from the parties is required. Sometimes, however, a court’s decision will direct that the prevailing party either: (a) submit an order or judgment for the court to consider; or, (b) submit or settle an order or judgment, on notice, for the court’s consideration.

On July 12, 2023, the Appellate Division, Second Department, in U.S. Bank Trust, N.A. v. Rahman, addressed an issue that has been confusing lawyers for quite some time involving 22 N.Y.C.R.R. §202.48

Sometimes the Court renders a decision on a motion instead of issuing an order or judgment. In such cases it is often up to the prevailing litigant to take an additional step to effectuate the decision. In cases where Rule 202.48 of the Uniform Civil Rules for the Supreme Court and the County Court is applicable the prevailing party must move quickly or run the risk of losing the benefit of a coveted victory.