On Oct. 20, 2010, the Chief Administrative Judge of the State of New York issued Administrative Order #548-10, which requires foreclosing lenders to submit affirmations confirming the accuracy of their pleadings. In a recent mortgage foreclosure action, the Suffolk County Commercial Division has ruled that this Administrative Order is “void as impermissible invasion[] into the province of the Legislature.”1
In LaSalle Bank, NA v. Pace, 2011 WL 723555 (Suffolk Co. 2011), Justice Thomas Whelan rejected defendants’ argument that plaintiff lender’s failure to submit the affirmations required by the Administrative Order was a bar to plaintiff’s motion for summary judgment.2 While recognizing the Chief Administrator’s authority to create rules for the “efficient and orderly transaction of business in the trial courts,” the court found that the Administrative Order requiring attorney affirmations “verify[ing] the accuracy of documents filed in support of residential foreclosure actions” imposed new substantive requirements upon plaintiff for which there was no legislative delegation of authority.3
Rule-Making Authority
