reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter D - Rules For Review › Part 530 - Review Of Determinations Of The State Commission On Judicial Conduct › Section 530.1 - Request for review

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) The commission shall transmit to
					 Court of Appeals Hall in Albany, NY, three copies of its written determination,
					 together with its findings of fact and conclusions of law and the record of the
					 proceedings upon which the determination is based, including all record and
					 documentary evidence or materials. Two copies shall be addressed to the Chief
					 Judge; the third copy shall be addressed to the clerk of the Court of Appeals
					 for filing. Upon completion of service upon the respondent judge or justice of
					 the copy required to be served by the Chief Judge, the clerk's copy shall be
					 available for public inspection at the clerk's office at Court of Appeals Hall
					 at Albany.
(b) A
					 timely written request to the Chief Judge for review by the Court of Appeals,
					 in accordance with Judiciary Law section 44(7), shall commence the proceeding
					 for review of the determination of the State Commission on Judicial Conduct.
					 Respondent in a commission proceeding shall be denominated the petitioner in
					 the Court of Appeals and the commission shall be denominated the respondent in
					 the Court of Appeals. Petitioner's written request of the Chief Judge shall be
					 transmitted, by personal delivery or certified mail, to the chambers of the
					 Chief Judge at Court of Appeals Hall, Albany, NY 12207-1095, with copies
					 addressed to the clerk of the Court of Appeals for filing and to the
					 commission.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter D - Rules For Review › Part 530 - Review Of Determinations Of The State Commission On Judicial Conduct › Section 530.2 - Petitioner's papers-content and time for filing

Current through
					 Register Vol. 46, No. 28, July 10, 2024
No preliminary appeal statement (section
						500.9 of this Title) shall be
						filed. Petitioner shall file the papers for review within 30 days after the
						date of petitioner's written request for review by the Court of Appeals. Three
						copies shall be served on the commission. Papers for review to be filed with
						the court shall consist of an original and nine copies of petitioner's brief
						and an original nine copies of the record for review consisting of, at least,
						all complaints, whether formal or informal or merely initiatory, except that
						petitioner or the commission may move, in accordance with section
						530.8 of this Part, to exclude
						irrelevant initiatory material; any answer or other pleading or an agreed
						statement of facts; and the written determination, findings and conclusions and
						record of proceedings upon which the determination is based, including all
						record and documentary evidence or material before the commission in the making
						of its determination. Counsel may stipulate to the record in accordance with
						the procedure set forth in CPLR 5532, or the record may be certified in
						accordance with CPLR 2105. Original exhibits may be submitted to the Court of
						Appeals, upon appropriate stipulation of counsel, without duplication.
						Petitioner may serve and file an original and nine copies of a reply brief
						within 15 days after service of respondent commission's
						brief.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter D - Rules For Review › Part 530 - Review Of Determinations Of The State Commission On Judicial Conduct › Section 530.3 - Appendix method

Current through Register Vol. 46, No. 28, July
					 10, 2024
No appendix, in lieu of the record for
						review shall be authorized except by express permission of the court on motion
						in accordance with section
						530.8(a) of this
						Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter D - Rules For Review › Part 530 - Review Of Determinations Of The State Commission On Judicial Conduct › Section 530.4 - Service and filing of respondent's brief and appendix

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Within 30 days after the service of
						petitioner's papers, respondent commission shall file with the clerk of the
						court an original and nine copies and shall serve on petitioner three copies of
						respondent's brief. At the time respondent commission's brief is filed,
						respondent may file an original and nine copies, with proof of service of three
						copies upon petitioner, of an appendix of record materials not contained in the
						record filed by petitioner.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter D - Rules For Review › Part 530 - Review Of Determinations Of The State Commission On Judicial Conduct › Section 530.5 - Submission of papers in digital format

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) The court requires the submission in
					 digital format of petitioner's papers on review, respondent's brief and
					 appendix, if any, and petitioner's reply brief, if any (see sections 530.2 and
					 530.4 of this Part), as companions
					 to the required number of printed documents served and filed in accordance with
					 this Part.
(b) The
					 companion filings in digital format shall comply with the current technical
					 specifications and instructions for submission available from the clerk's
					 office.
(c) The
					 companion filings in digital format shall be identical to the original printed
					 filings, except they need not contain an original signature.
(d) Unless otherwise permitted
					 by the clerk of the court, companion filings in digital format shall be
					 received by the clerk's office no later than the filing due date for the
					 printed documents served and filed in accordance with this Part.
(e) A request to be relieved of
					 the requirements of this section to submit companion filings in digital format
					 shall be by letter addressed to the clerk of the court, with proof of service
					 of one copy on each other party, and shall specifically state the reasons why
					 submission of companion filings in digital format would present an undue
					 hardship.
(f) The
					 clerk of the court may reject companion filings in digital format that do not
					 comply with the requirements of this section or the technical specifications
					 and instructions for submission available from the clerk's office.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter D - Rules For Review › Part 530 - Review Of Determinations Of The State Commission On Judicial Conduct › Section 530.6 - Calendar

Current through Register Vol. 46, No. 28, July 10,
					 2024
A review by the Court of Appeals of a
						determination of the commission shall be scheduled for oral argument at the
						earliest calendar session following the filing date for petitioner's reply
						brief, unless otherwise directed by the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter D - Rules For Review › Part 530 - Review Of Determinations Of The State Commission On Judicial Conduct › Section 530.7 - Extensions of time; failure to proceed or file papers

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) Extensions. The clerk of
					 the court is authorized to grant, for good cause shown, a reasonable extension
					 of time for filing papers on a review. A request for an extension may be by
					 telephone call to the clerk's office. The party requesting an extension shall
					 advise the clerk of the court of the position of each other party with regard
					 to the request. A party granted an extension shall file a confirmation letter,
					 with proof of service of one copy on each other party, unless the clerk's
					 office has notified all parties in writing of the determination of the
					 request.
(b)
					 Dismissal. If petitioner has not timely filed and served the papers required by
					 section 530.2 of this Part, the clerk of
					 the court shall enter an order dismissing the review.
(c) Preclusion. If respondent
					 commission has not timely filed and served the papers required by section
					 530.4 of this Part, the clerk of
					 the court shall enter an order precluding respondent commission's
					 filing.
(d) Judicial
					 review. A party may seek judicial review of dismissal and preclusion orders
					 entered pursuant to subdivisions (b) and (c) of this section by motion on
					 notice in accordance with section
					 530.8 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter D - Rules For Review › Part 530 - Review Of Determinations Of The State Commission On Judicial Conduct › Section 530.9 - Order of the court

Current through Register Vol. 46, No. 28, July
					 10, 2024
The order of the court, together with the
						record filed with the court, shall be entered and filed in the clerk's office
						at Court of Appeals Hall in Albany.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter D - Rules For Review › Part 530 - Review Of Determinations Of The State Commission On Judicial Conduct › Section 530.10 - Withdrawal of a request for review

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) Before argument or submission, a
					 review shall be marked withdrawn upon receipt by the clerk of the court of a
					 stipulation of withdrawal signed by counsel for all parties and by petitioner
					 judge or justice personally.
(b) After argument or submission, a
					 request to withdraw a review shall be supported by a stipulation of withdrawal
					 signed by counsel for all parties and by petitioner judge or justice
					 personally. The request shall be submitted to the court for
					 determination.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter E - Rules For Appeals From Pretrial Findings Of Mental Retardation In Capital Cases › Part 540 - Rules For Appeals From Pretrial Findings Of Mental Retardation In Capital Cases › Section 540.0 - Preamble

Current through Register Vol. 46, No. 28, July 10,
					 2024
Acting pursuant to the rulemaking authority
						invested in this Court by New York Constitution, article VI, section 30 and
						Laws of 1995, chapter 1, section 20, the Court of Appeals establishes these
						Uniform Procedures for Appeals from pretrial findings of mental retardation in
						capital cases.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter E - Rules For Appeals From Pretrial Findings Of Mental Retardation In Capital Cases › Part 540 - Rules For Appeals From Pretrial Findings Of Mental Retardation In Capital Cases › Section 540.1 - Delegation to the presiding justices of the Appellate Division

Current
					 through Register Vol. 46, No. 28, July 10, 2024
The presiding justices of the Appellate
						Division shall adopt uniform rules to ensure that appeals from pretrial
						findings of mental retardation in capital cases pursuant to Laws of 1995,
						chapter 1, section 20 are expeditiously perfected, reviewed and
						determined.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.1 - General provisions and definitions

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a)
Practice Rules of the Appellate
						  Division.
This Part serves as a supplement to, and should be
							 read in conjunction with, the Practice Rules of the Appellate Division (Part
							 1250 of this Title) and the Electronic Filing Rules of the Appellate Division
							 (Part 1245 of this Title). Where there is a conflict between this Part and
							 Parts 1250 and 1245 of this Title, this Part controls when practicing within
							 the First Judicial Department.
(b)
Sessions of the court.
The court will convene at 2 o'clock in the afternoon
							 during the appointed terms of the court for the hearing of appeals except on
							 Fridays when the court will convene at 10 o'clock in the forenoon. Special
							 sessions of the court may be scheduled for such time or such purposes as the
							 court may direct.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.3 - Initial filings; active management of causes; settlement or mediation program

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
Pre-Argument Conference Program.
(1) By order of the court, counsel and the
						  parties, and any additional parties in interest, may be directed to attend a
						  pre-argument conference before a special master or such other person as may be
						  designated by the Appellate Division.
(2) Within 10 days after an order directing a
						  pre-argument conference, counsel for respondent shall file a counterstatement,
						  together with proof of service, setting forth:
(i) the issues proposed to be raised on the
						  appeal, if respondent disagrees with the issues identified by appellant in the
						  informational statement filed pursuant to section
						  1250.3 of this Title;
(ii) the extent to which respondent
						  challenges the assertions made in the informational statement; and
(iii) an explanation of the grounds for
						  granting the relief sought by respondent.
(3) Upon the conclusion of the conference, if
						  the parties have entered into a stipulation the court shall file an order of
						  approval.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.4 - Motions

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
Electronically filed motions.
One hard copy of electronically filed motion papers
							 shall be filed with the clerk in accordance with section
							 1245.6(a) of the
							 Electronic Filing Rules of the Appellate Division (Part 1245 of this
							 Title).
(b)
Leave to
						  file amicus curiae brief.
A motion to serve and file an
amicus
							 curiae
brief shall include six copies of the proposed
							 brief.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.5 - Alternative methods of prosecuting appeal; time to file record, appendix or agreed statement

Current through Register Vol. 46, No. 28,
						  July 10, 2024
At appellant's option, an appeal may
							 be prosecuted upon a record or statement authorized by CPLR 5526, 5527 or
							 5528.
(a) The appendix
						  system.
(1) If the appeal is
						  prosecuted by the appendix system pursuant to CPLR 5528(a)(5), appellant shall
						  subpoena, from the clerk of the court from which the appeal is taken, the
						  papers constituting the record on appeal as set forth in CPLR 5526 and cause
						  them to be filed with the clerk of this court within 30 days after settlement
						  of the transcript of proceedings or statement in lieu of a transcript. At the
						  time the subpoena is served, the appellant shall deliver to the clerk two
						  copies of the statement required by CPLR 5531.
(2) The clerk from whom the
						  papers are subpoenaed shall prefix one copy of the statement required by CPLR
						  5531 to the papers and firmly fasten such papers across the top, exclusive of
						  the transcript or statement in lieu thereof, if any, and transmit them to the
						  clerk of this court, together with the additional copy of the statement
						  required by CPLR 5531 and a certificate listing the papers constituting the
						  record on appeal and stating whether all such papers are included in the papers
						  transmitted.
(3) If
						  a transcript of proceedings or statement in lieu of a stenographic transcript
						  as settled is not included in the papers so subpoenaed, appellant shall file
						  the ribbon copy of the transcript or the statement at the time of filing the
						  appellant's brief. Where feasible, the parties shall stipulate, pursuant to
						  CPLR 5525, subdivision (b), that only a portion of the transcript of
						  proceedings need be filed.
(4) Where a full or partial transcript
						  of proceedings is made part of the record on appeal, appellant shall serve
						  upon, or make available to, respondent a conformed copy thereof in the manner
						  and at the time prescribed by subdivision (e) of this section.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.6 - Appeals from Family Court

Current through Register Vol. 46, No. 28,
						  July 10, 2024
An appeal from the Family Court may be
							 prosecuted in accordance with any of the procedures specified in section
							 600.5 of this Part. Any party to
							 such an appeal may elect to file eight reproduced copies of the brief and
							 appendix, if any, with proof of service of one copy, in lieu of a printed or
							 otherwise reproduced brief and appendix as required by section
							 600.10 of this Part. The appeal
							 may also be perfected upon the original record (transcript of hearing, if any,
							 to be ordered by appellant and filed with the clerk of the Family Court) and
							 eight reproduced copies of the brief. There shall be prefixed to the record the
							 statement required by CPLR 5531; an additional copy of the statement shall be
							 filed with the clerk of this court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.7 - Action on submitted facts; transferred causes

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) Submission of a
						  controversy. Unless the court otherwise directs, the agreed statement of facts
						  in an action submitted to this court pursuant to CPLR 3222 shall be printed or
						  reproduced by any other authorized method. A copy of the statement required by
						  CPLR 5531 shall be prefixed to the papers constituting the submission. The
						  original and 19 copies thereof with proof of service of three copies are to be
						  filed at the time of filing plaintiff's brief and two copies of the note of
						  issue. All such causes shall be noticed as enumerated in accordance with the
						  provisions of section
						  600.11 of this Part.
(b) Transferred causes.
						  Article 78 proceedings transferred to this court pursuant to the provisions of
						  CPLR 7804(g) and appeals transferred to this court by an Appellate Division of
						  another department pursuant to CPLR 5711 may be prosecuted in accordance with
						  any of the procedures specified in section
						  600.5 of this Part, except that
						  the petitioner or appellant, whichever the case may be, shall file the record
						  or cause the same to be filed with the clerk of this court within 30 days after
						  entry of the order of transference.
(c) State Division of Human Rights
						  proceedings. State Division of Human Rights proceedings, transferred to this
						  court pursuant to Executive Law, section 298, shall be deemed enumerated and
						  prosecuted in accordance with sections 600.5 and
						  600.11 of this Part. No oral
						  argument shall be permitted. The division, upon receipt by it of petitioner's
						  brief, shall promptly file the original record with this court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.8 - Appeals in criminal cases

Current through Register Vol. 46, No.
						  28, July 10, 2024
(a) Record and briefs.
(1) In appeals in criminal
						  cases, other than those in which permission to proceed on the original record
						  is granted, the appellant may elect to proceed by any of the methods specified
						  in section
						  600.5 of this Part, and the
						  content and form of the record on appeal or appendix shall be as prescribed by
						  section 600.10 of this Part.
(2) The content and form of
						  briefs shall be as prescribed in section
						  600.10 of this Part and in
						  addition thereto, there shall be included at the beginning of the main brief
						  submitted by appellant a statement setting forth the decision and judgment
						  appealed from; the sentence imposed, if any, and whether an application for an
						  order of stay of judgment pending determination of the appeal was made and, if
						  so, the date of such application, the court to which it was made, and the
						  decision and opinion of the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.9 - Time, number and manner of filing of records, appendices and briefs

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
Filing
						  and service of digital copies of record, appendices and briefs.
(1) Digital copies of the records, appendices
						  and briefs filed pursuant to section
						  1250.9(a), (c) and
						  (d) of this Title shall comply with the
						  technical specifications for electronically filed documents set forth in
						  Attachment A to Electronic Rules of the Appellate Division (Part 1245 of this
						  Title) and shall be filed and served by e-mail. E-mails to the court shall be
						  directed as follows:
(i) in civil matters
						  -ADlcopy-civil@nycourts.gov;
(ii)
						  in criminal matters - ADlcopy-criminal@nycourts.gov;
(iii) in Family Court matters
						  -ADlcopy-family@nycourts.gov.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.11 - Additional rules relating to criminal appeals

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a)
Transcript of proceedings.
Where an appeal in a criminal matter is prosecuted on
							 the original record or by the appendix method, the appellant shall serve a copy
							 of the transcript of the proceedings upon the respondent together with the
							 brief and appendix, and cause a copy to be filed with the
							 court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.12 - Preference; dismissal of appeal or cause; dismissal calendar calls

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Preference.
(1) Any party to
						  an appeal entitled by law to a preference in the hearing of the appeal may
						  serve and file a demand for a preference which shall set forth the provision of
						  law relied upon for such preference. If the demand is sustained by the court,
						  the appeal shall be preferred.
(2) A preference under CPLR 5521 may be
						  obtained upon good cause shown in an application made to the court on notice to
						  the other parties to the appeal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.13 - Costs

Current through Register Vol. 46, No. 28, July 10,
						  2024
Costs upon an appeal under CPLR 8107
							 shall be allowed only as directed by the court in each case.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.14 - Motions for reargument or leave to appeal to the Court of Appeals

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Reargument. Motions for reargument shall be made within 30 days after the
						  appeal has been decided and shall be submitted without oral argument. The
						  papers in support of the motion shall include a copy of the order entered upon
						  the decision of this court, and shall concisely state the points claimed to
						  have been overlooked or misapprehended by the court, with proper reference to
						  the particular portions of the record and the authorities relied
						  upon.
(b) Leave to
						  appeal. Applications for permission to appeal to the Court of Appeals shall be
						  made in the manner and within the time prescribed by CPLR 5513(b) and 5516 and
						  must be submitted without oral argument. The moving papers shall include a copy
						  of the order of this court from which leave to appeal is requested, and shall
						  set forth the questions of law to be reviewed by the Court of
						  Appeals.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.15 - Fees of the clerk of the court

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a) On behalf of the State of New York,
						  the clerk of the court is entitled to receive the following fees:
(1) for an embossed and
						  engraved certificate of admission as an attorney and counselor-at- law,
						  $25;
(2) for a
						  certificate of good standing, $5;
(3) for furnishing a copy, certified or
						  uncertified, of an opinion, decision, order, record, or other paper in his
						  custody, $1 for the first page and 50 cents for each additional page;
(4) for comparing and
						  certifying a prepared copy of an opinion, decision, order, record, or other
						  paper in his custody, 50 cents for the first page and 25 cents for each
						  additional page, with a minimum fee of $1;
(5) for and upon the filing of the
						  record, or the statement in lieu of the record, on a civil appeal, or upon the
						  filing of a notice of petition commencing a special proceeding, $315 by check
						  or money order payable to "Appellate Division, First Department," except in the
						  case of a party who by statute or order of the court has been authorized to
						  prosecute a cause as a poor person pursuant to CPLR 1101 or is exempted from
						  the fee requirement by CPLR 8017; and
(6) for and upon the filing of each
						  motion or cross-motion with respect to such appeal, $45 by check or money order
						  payable to "Appellate Division, First Department," except in the case of a
						  motion that seeks leave to appeal as a poor person pursuant to CPLR
						  1101(a).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.16 - Appeal from an order concerning a grand jury report; appeal from a judgment predicated upon the entry of a plea of guilty

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) Appeal from an order concerning a
						  grand jury report. The mode, time and manner for perfecting an appeal from an
						  order accepting a report of a grand jury pursuant to C PL 190.85(1)(a), or from
						  an order sealing a report of a grand jury pursuant to C PL 190.85(5) shall be
						  in accordance with the sections hereof governing appeals in criminal cases. An
						  appeal from such an order shall be a preferred cause and may be added to the
						  term calendar by stipulation approved by the court or upon motion made in the
						  manner provided by section
						  600.2 of this Part. The record,
						  briefs and other papers on such an appeal shall be sealed and not be available
						  for public inspection except as permitted by C PL 190.85(3). Unless otherwise
						  directed by the court, oral argument will not be allowed.
(b) Appeal from a judgment
						  predicated upon the entry of a plea of guilty. On an appeal from a judgment
						  rendered in a criminal proceeding following entry of a guilty plea pursuant to
						  CPL article 220, respondent may elect to file a brief that urges an affirmance
						  of the judgment solely upon a claim that there is no reviewable issue because
						  appellant made a valid waiver of the right to appeal. Upon the submission or
						  argument of the appeal, the court in its discretion may direct the respondent
						  to submit a supplemental brief addressing additional issues to which the
						  appellant may reply.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.17 - Fees of the clerk of the court

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a) In addition to the fees provided for in
						  section 1250.17 of this Title, pursuant to
						  Judiciary Law section 265, the clerk of the court is entitled to receive in
						  advance the following fees on behalf of the State of New York:
(1) for an embossed and engraved certificate
						  of admission as an attorney and counselor at law, $25;
(2) for a certificate of good standing,
						  $10;
(3) for furnishing a hard or
						  digital copy, certified or uncertified, of an opinion, decision, order, record,
						  or other paper in his or her custody, $1 for the first page and 50 cents for
						  each additional page; and
(4) no
						  charge shall be made for furnishing a copy of the order, opinion or decision of
						  the court to any party to an appeal or proceeding pending in the
						  court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.18 - Habeas corpus appeals

Current through Register Vol. 46, No. 28, July
						  10, 2024
Appeals from judgments or orders
							 entered in any proceeding or action alleging that a person is illegally
							 imprisoned or otherwise unlawfully restrained in his liberty within the State
							 may be prosecuted in accordance with any of the methods specified in section
							 600.5 of this Part. Such appeals
							 may also be brought on for hearing in such mode, time and manner and on such
							 terms and conditions as this court or a justice thereof may direct by an order
							 granted on the application of any party to the appeal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 600 - Appeals › Section 600.19 - Appeals from award of compensation as to judicial appointees

Current through Register Vol. 46, No. 28, July 10,
						  2024
If, subsequent to the filing of a
							 notice of appeal, the sole issue sought to be reviewed is the amount of
							 compensation awarded to a judicial appointee (i.e., referee, arbitrator,
							 guardian, guardian ad litem, conservator, committee of the person or a
							 committee of the property of an incompetent or patient, receiver, person
							 designated to perform services for a receiver, such as but not limited to an
							 agent, accountant, attorney, auctioneer or appraiser, person designated to
							 accept service), the appeal may be prosecuted in accordance with any of the
							 methods specified in section
							 600.5 of this Part; or in lieu
							 thereof may be prosecuted by motion in accordance with the procedure applicable
							 to special proceedings, section
							 600.2(b) of this
							 Part. In such event, the review may be had on the original record, and briefs
							 may be filed at the option of the parties.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 602 - Admission To Practice › Section 602.3 - Orientation to the Profession Program

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) Orientation program. The chairman
						  of the committee shall conduct at least quarterly an orientation to
						  professional ethics and professionalism for applicants seeking admission to
						  practice as attorneys and counsellors at law.
(b) Required attendance. Every attorney
						  admitted to the practice of law after September 1, 1999 shall attend an
						  orientation program prior to admission.
(c) Exemptions. The following persons
						  shall be exempt from this requirement:
(1) subject to the requirements in
						  section 1500.12(f) of
						  this Title, attorneys who do not practice law in New York. Attorneys practice
						  law pursuant to this section, if during the first two years after admission
						  they give legal advice or counsel to, or provide legal representation for, a
						  particular body or individual in a particular situation in either the public or
						  private sector;
(2)
						  attorneys who have been engaged in the practice of law in another state, the
						  District of Columbia, any territory of the United States of any foreign
						  jurisdiction, for the five years preceding admission to the New York Bar;
						  and
(3) full-time
						  active members of the United States Armed Forces.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 602 - Admission To Practice › Section 602.4 - Members of committee on character and fitness as volunteers

Current through Register Vol. 46, No. 28, July 10,
						  2024
The members of the committee on
							 character and fitness, as volunteers, are expressly authorized to participate
							 in a State-sponsored volunteer program within the meaning of subdivision 1 of
							 section
							 17 of the
							 Public Officers Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.1 - Application

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a) This Part
						  serves as a supplement to, and should be read in conjunction with, Rules for
						  Attorney Disciplinary Matters Part 1240 of this Title and is applicable to all
						  complaints, investigations, proceedings, persons or entities covered by those
						  rules within the jurisdiction of the State of New York Supreme Court, Appellate
						  Division, First Judicial Department.
(b) The rules in this Part are promulgated
						  for the purpose of assisting the committee, the Office of the Chief Attorney
						  and the respondent to develop the facts relating to, and to reach a just and
						  proper determination of, matters brought to the attention of the committee or
						  Office of the Chief Attorney. The court will not hold action of a referee
						  invalid by reason of any nonprejudicial irregularity. Any error, defect,
						  irregularity or variance which does not affect substantial rights shall be
						  disregarded.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.2 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.3 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.4 - Appointment of attorney grievance committees; meetings of the committees

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
Attorney
						  grievance committees.
(1) The court
						  shall appoint two attorney grievance committees for the First Judicial
						  Department, each committee consisting of 21 members, all of whom shall be
						  appointed by the court. Each grievance committee shall have the power to
						  appoint its members to subcommittees. Each committee may act through its
						  chairperson, vice-chairperson or subcommittee.
(2) The court shall appoint as members of the
						  committees attorneys in good standing with the Bar of the State of New York and
						  non-lawyers, who reside or have a principal place of business in the First
						  Judicial Department. At least three members of each committee shall be
						  non-lawyers. Appointment to a committee shall be for a term of three years,
						  except members who have been appointed to complete unexpired terms, in which
						  case such members may be reappointed for three years or shorter terms. A member
						  who has served for two consecutive terms is not eligible for reappointment for
						  at least one year following the expiration of the second term. Appointments to
						  the committees may be made from lists of nominees submitted by the bar
						  associations and by such other means which the court deems in the public
						  interest.
(3) Each grievance
						  committee shall have a chairperson and a vice-chairperson who shall be lawyer
						  members appointed by the court. The chairperson and vice-chairperson shall
						  serve in that capacity for a term of three years and shall be eligible for
						  reappointment for not more than one additional term of three years.
(4) Committee members serving as special
						  counsel as of September 30, 2016 shall be deemed attorney grievance committee
						  members effective October 1, 2016 and shall thereafter continue to serve for
						  one three-year term.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.5 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.8 - Formal proceedings before the court pursuant to section 1240.8 of this Title

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) Preliminary provisions.
(1) Appearance pro se. When a respondent
						  appears pro se, the respondent shall file with the court and office of the
						  chief attorney an address to which any notice or other written communication
						  required to be served upon the respondent may be sent. The respondent shall
						  also file with the court and the office of the chief attorney a telephone
						  number and e-mail address.
(2)
						  Representation of respondent by counsel. Counsel for a respondent shall file
						  with the court and office of the chief attorney a written notice of appearance
						  which shall state such counsel's name, address, telephone number and e-mail
						  address, and the name and address of the respondent on whose behalf counsel
						  appears. Any additional notice or other written communication required to be
						  served or furnished to a respondent may be sent to counsel of record for such
						  respondent in lieu of transmission to the respondent. Any notice required to be
						  served on or furnished to the respondent shall also be served upon or furnished
						  to respondent's counsel in the same manner as prescribed for the respondent,
						  notwithstanding the fact that such communication may be furnished directly to
						  the respondent.
(3) Preference;
						  extensions. Disciplinary matters shall be granted a preference by the court.
						  Extension of the time periods specified in Part 1240 of this Title regarding
						  proceedings before the referee shall be made in writing to the court and
						  determined by a justice of the court upon good cause shown.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.8-a - Referee proceedings

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Appointment of referee.
(1) At any time following the filing of
						  statements pursuant to section
						  1240.8(a)(2) of
						  this Title, the court may, upon motion of either party or upon its own motion,
						  refer issues of disputed facts to a referee pursuant to section
						  1240.8(b)(1) of
						  this Title.
(2) A referee shall
						  have the powers and duties set forth in this section, including without
						  limitation, the power and duty to conduct hearings into formal charges of
						  misconduct, and to make such findings of fact and conclusions of law and to
						  recommend such disciplinary sanctions as the referee may deem appropriate, in
						  accordance with Part 1240 of this Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.9 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.10 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.12 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.13 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.14 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.15 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.16 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.17 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.18 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.19 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024