Snatching Defeat from the Jaws of Victory: Uniform Rule 202:48

Abstract:     
Uniform Rule 202.48 requires the submission of certain proposed orders or judgments for signature by the judge within 60 days from the decision. Even if a party is entitled to relief, the victory can be snatched away for failure to comply with Uniform Rule 202.48. However, the rule has an exception where “good cause” exists for a delay beyond the 60 days. This article tracks the development of the “good cause” defense for failing to comply with Uniform Rule 202.48 by analyzing the decisions beginning with Feldman v. New York City Transit Authority and carries through to the 2008 Court of Appeals decision in Farkas v. Farkas. The analysis shows division in application of the rule and many unresolved issues that continue to linger and must be addressed.

Number of Pages in PDF File: 7

Keywords: Uniform Rule 202:48, good cause, proposed orders, judgments

Accepted Paper Series