A Practice Note outlining procedures to obtain a default judgment in New York State Court under. Civil Practice Law and Rules (CPLR) 3215.A motion is an application to the court for a specific court order within the confines of an existing case. Fill out the Order to Show Cause form and set out your reasons for requesting the default judgment be vacated. The NYS Office of Court Administration has produced an interactive online program that can also assist you in completing the Order to Show Cause form. A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. If the Motion is properly filed, the Judge may schedule a court date to consider and hear evidence about the Motion. Prove-Up hearing dates are obtained at the time of the submission of the motion to the Court. Access the forms and information you need to file or respond to a small claims case. If the judge grants your motion, the case starts back up again.