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A JUDGMENT SUBMITTED AFTER THE 60-DAY DEADLINE IMPOSED BY 22 NYCRR 202.48 (WHERE THE DECISION DIRECTS SUBMISSION OF THE JUDGMENT) CAN BE ACCEPTED BY THE COURT IN THE EXERCISE OF DISCRETION (SECOND DEPT).

The Second Department determined Supreme Court properly accepted a judgment submitted after the 60-day deadline, rather than deeming the judgment abandoned:

22 NYCRR 202.48 requires, inter alia, that a judgment be submitted within 60 days after the filing of the decision directing its submission, and failure to timely submit the judgment shall be deemed an abandonment of the proceeding. However, ” it is within the sound discretion of the court to accept a belated order or judgment for settlement'” … . “Moreover, a court should not deem an action or judgment abandoned where the result would not bring the repose to court proceedings that 22 NYCRR 202.48 was designed to effectuate, and would waste judicial resources'” … . Here, the Supreme Court providently exercised its discretion in accepting the petitioner’s judgment despite its untimely submission, since doing so brought finality to the proceedings and preserved judicial resources … . Matter of Crown Castle NG E., LLC v Town of Hempstead, 2020 NY Slip Op 04940, Second Dept 9-16-20

 

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