N.Y. CVP Law § 2213

§ 2213. Where motion made, in county court action. (a) Ex parte\nmotions. A motion in an action in a county court that may be made\nwithout notice may be made before a motion term of the county court or\nbefore the county judge out of court in any county in the state.\n (b) Motions that may be made before the supreme court or a justice\nthereof. When no motion term is being held and there is no county judge\navailable within the county, any motion in an action in a county court,\nwhether or not on notice, may be made or noticed to be heard before a\nmotion term of the supreme court or, upon order to show cause granted by\na justice of the supreme court, before such justice out of court, in the\njudicial district where the action is triable or in a county adjoining\nthe county where the action is triable, except a motion under article\nforty-four or a motion for an order that would dispose of the action, in\nwhole or in part, in any manner other than by settlement under section\n1207.\n (c) The chief administrator of the courts may by rule exclude motions\nfrom the operation of this section within a department, district or\ncounty.\n