Times for notice of motion and cross-motion changed in July. We reported it, and here is an article from the NYLJ by Howard Shafer which gives a comprehensive outline.
"The New York State Legislature passed an act amending New York Civil Practice Law and Rules R. 2214(b) and 2215.1 These recent amendments to the New York CPLR, effective July 3, 2007, make significant changes to the notice requirements for making and responding to motions cross-motions.
Notices of motion are usually served by mail. In the case of ordinary mail, five days are tacked onto CPLR R. 2214(b)’s requirement that the movant must give at least eight days notice of the motion, thus making the notice period 13 days.5 One day is tacked on where overnight mail service is used, making the notice period nine days.6
For example, if today is Aug. 1 and the motion papers are to be mailed today, the earliest day for which the hearing can be set if service is to be via ordinary mail is Aug. 14. If service is to be via overnight mail, the earliest day for which the hearing can be set is Aug. 10.
CPLR R. 2214(b) further requires that answering affidavits be served at least two days before the motion is noticed to be heard. Using the previous example, the other side must now serve its answering papers by placing it in the mail on Aug. 12. CPLR 2103(b)’s tacking-on of days does not apply to answering papers."