What is notice of entry?

Question

I am litigating a case in the state of NY as pro se.
The judge decided on my motion and ordered that :
Movant is directed to serve a copy of this order with notice of entry upon counsel
for the defendants and upon the Calendar Clerk of this court within thirty (30) days from
the date of this order.
Can someone guide me what exactly I need to do now?
Is notice of entry a formal document?

To clerify the situation, I am pro se and I did not receive the order in hand but downloaded it from the ny courts website.
The motion was litigated by mail.

Answer 1

In New York, the rule is simple - and a little different from California.

You serve a photocopy of the order with a letter or back stating "that the attached is a true copy of the order entered by Judge X on (DATE)" - (that's the notice of entry) - you do this by regular mail or personal service.

You then file a copy of the notice of entry with an affidavit of service with the clerk of the court or county clerk, depending upon the court.

Remember that in New York you can NOT serve papers if you are a party - so someone else has to do that for you and sign the affidavit of service.

Answer 2

I practice in California, but New York should be similar.

In California, a Notice of Entry is a form advising the opposing party that a judgment, decision, or order has been entered by a judge.

You should have a copy of the judge's order, and have it certified as a true copy by the clerk of the court. You would attach the copy of the order to the Notice of Entry, which together would be served upon the opposing party (or counsel). I don't know the laws of New York, but I would assume that you should use a process server.

below is a link to a New York case that shows a Notice of Entry.

Hope this helps.

If you have any questions, you definitely should ask the Clerk of the Court. The clerk cannot give legal advice, but he or she is obligated to advise you on the proper procedures of the court.

I don't know if you received the Judge's decision in court, in person, in which case you should have asked the judge to clarify that. The judge would have glady informed you. I know, I hate to say "You should..." but for future reference, don't be afraid to ask the judge to clarify.

If you received the judge's decision via mail, there should be a number that you can call if you have any questions.

Also, go to the web site of the court having jurisdiction of your case. Most court web sites have downloadable forms you can use, or at least information for persons who are representing themselves.

Good luck!