New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.4 - Motions

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
Digital
						  submissions required.
In matters not subject to electronic filing, except
							 as otherwise provided, all motion and application papers shall be submitted in
							 digital format through an email address designated by the Court for that
							 purpose, and shall be served on all parties electronically to the extent
							 practicable. Where such papers are submitted in digital format, no hard copy
							 submission is required. Exempt attorneys and exempt litigants, as defined in
							 section 1245.4 of this Title, are exempt
							 from the digital filing requirement and must file original papers in hard copy
							 in accordance with section
							 1250.4(a) of this
							 Title.
(b)
Proof of
						  service required.
In addition to proof of filing of the notice of
							 appeal as required pursuant to section
							 1250.4(a)(3) of
							 this Title, a movant shall submit proof or admission of service of the notice
							 of appeal.
(c)
Order
						  to show cause.
An application for an order to show cause pursuant to
							 section 1250.4(b) of this
							 Title shall be directed to a justice of this court with chambers in the
							 judicial district from which the appeal or proceeding arises.
(d)
Family Court Act section 1114 and
						  CPLR 5704(a).
Unless otherwise ordered by a justice of this court,
							 an application for a stay pursuant to Family Court Act section 1114 or an
							 application pursuant to CPLR 5704(a) shall be made by order to show cause
							 pursuant to section
							 1250.4(b) of this
							 Title.
(e)
Extension
						  of time to file answering or reply documents.
Any request for an extension of time to file
							 answering or reply documents pursuant to section
							 1250.4(a)(5) of
							 this Title shall be made by motion, and shall be supported by an affidavit
							 demonstrating with particularity a reasonable excuse for the delay and an
							 intent to file the documents within a reasonable time.
(f)
Leave to file amicus curiae
						  brief.
A motion for leave to file an
amicus
							 curiae
brief shall be made in accordance with section
							 1250.4(f) of this
							 Title, and only one copy of the proposed brief shall be submitted with the
							 motion. When permission to submit an
amicus curiae
brief is
							 granted, the person or entity to whom it is granted shall file five hard copies
							 and one digital copy of the brief with proof of service of one hard copy on
							 each party. A person or entity granted permission to appear
amicus
							 curiae
shall not be entitled to oral argument unless the court directs
							 otherwise.
(g)
Poor
						  person relief.
(1) An affidavit in
						  support of a motion for permission to proceed on appeal as a poor person shall,
						  in addition to the matters listed in section
						  1250.4(d) of this
						  Title, list:
(i) the movant's assets with
						  their value; and
(ii) the number of
						  dependants the movant supports in the movant's present
						  household.