reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › General Matters › Section 500.1 - General requirements

Current through Register Vol. 46, No.
						28, July 10, 2024
(a) All papers shall comply with
						applicable statutes and rules, particularly the signing requirement of section
						130-1.1 -a of this
						Title.
(b) Papers
						filed. Papers filed means briefs, papers submitted pursuant to sections 500.10
						and 500.11 of this Part, motion
						papers, records and appendices.
(c) Method of reproduction. All papers
						filed may be reproduced by any method that produces a permanent, legible, black
						image on white paper. Reproduction on both sides of the paper is
						encouraged.
(d)
						Designation of original. Where this Part requires the filing of multiple copies
						of papers, the parties shall identify on its cover the original document
						filed.
(e) Proof of
						service. The original affidavit of service shall be affixed to the inside of
						the back cover of the original of each paper filed.
(f) Disclosure statement. All
						papers filed by or on behalf of a corporation or other business entity shall
						contain a disclosure statement listing all its parents, subsidiaries and
						affiliates, or state that no such parents, subsidiaries and affiliates
						exist.
(g) Citation
						form. Where New York authorities are cited in any submissions, New York
						Official Law Report citations shall be included, if available.
(h) Inclusion of decisions and
						cited material. Copies of decisions that are not officially published, or are
						not otherwise readily available, shall be included in the submission in which
						such decisions are cited. Copies of other cited materials that are not readily
						available shall be submitted as a separate filing.
(i) Papers filed prepared by
						word-processing systems. Papers prepared by a word-processing system shall be
						printed in either a serified, proportionally spaced typeface, such as Times New
						Roman, or a serified monospaced typeface, such as Courier. Narrow or condensed
						typefaces and condensed font spacing shall not be used. Except in headings,
						words shall not be in bold type or type consisting of all capital letters.
(1) Papers filed using a
						proportionally spaced typeface. The body of any papers filed using a
						proportionally spaced typeface shall be printed in 14-point type. Footnotes
						shall be printed in type of no less than 12 points.
(2) Papers filed using a
						monospaced typeface. The body of any papers filed using a monospaced typeface
						shall be printed in 12-point type containing no more than 101/2 characters per
						inch. Footnotes shall be printed in type of no less than 10 points.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › General Matters › Section 500.2 - Submission of Companions Digital Filings

Current through Register
						Vol. 46, No. 28, July 10, 2024
(a) The Court requires the submission of
						filings in digital format as companions to the required number of copies of
						paper filings required under sections
						500.10,
						500.11,
						500.12,
						500.14,
						500.20,
						500.21,
						500.22,
						500.23,
						500.24, 500.26 and
						500.27 of this Part.
(b) The companion digital filings shall
						comply with the technical specifications and instructions for submission
						available from the Clerk's Office.
(c) The companion digital filings 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 digital filings
						required under sections
						500.10,
						500.11, 500.12 and
						500.27 shall be received by the
						Clerk's Office no later than the filing due date for the printed filings.
						Companion digital filings required under sections
						500.21,
						500.22,
						500.23 and
						500.24 shall be submitted no later
						than seven days after the return date of the motion. Companion digital filings
						required under sections 500.20 and
						500.26 shall be submitted within
						the time directed by the Clerk of the Court.
(e) A request to be relieved of the
						requirements of this Part to submit companion digital filings 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 digital filings would present an undue hardship. Such request shall
						be accompanied by unbound copies of the required printed filings.
(f) The Clerk of the Court may reject
						companion digital filings that do not comply with the requirements of this Part
						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 A - Rules Of Practice › Part 500 - Rules Of Practice › General Matters › Section 500.3 - Fees

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						Upon the filing of record material in a civil appeal pursuant to section
						500.11, 500.12 or
						500.26(a) of this
						Part, appellant shall provide the clerk of the court the fee in the amount
						specified in CPLR 8022 in the form of an attorney's check, certified check,
						cashier's check or money order payable to "State of New York, Court of Appeals"
						unless:
(1) appellant
						demonstrates exemption from the fee requirements by statute or other
						authority;
(2) other
						payment arrangements have been made with the clerk of the court;
(3) the appeal is accompanied
						by a motion requesting poor person relief or a motion requesting relief from
						payment of the filing fee; or
(4) appellant in the Court of Appeals
						provides a copy of an order issued by any court in the action or proceeding to
						which the appeal relates granting that party poor person relief, together with
						a sworn affidavit that the same financial circumstances exist at the time of
						filing in the Court of Appeals as when the order granting poor person relief
						was issued.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › General Matters › Section 500.4 - Pro hac vice admission

Current through Register Vol. 46, No. 28,
						July 10, 2024
An attorney or the equivalent who is a
						  member of the bar of another state, territory, district or foreign country may
						  apply to appear pro hac vice with respect to a particular matter pending in
						  this court (see section
						  520.11[a] [Rules
						  of the Court of Appeals for the Admission of Attorneys and Counselors at
						  Law--Admission Pro Hac Vice] of this Title). The application shall consist of a
						  letter request to the clerk of the court, with proof of service on each other
						  party, and shall include current certificates of good standing from each
						  jurisdiction in which the applicant is admitted and any orders of the courts
						  below granting such relief in the matter for which pro hac vice status is
						  sought.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › General Matters › Section 500.5 - Confidential and sensitive material; sealing and redaction

Current
						through Register Vol. 46, No. 28, July 10, 2024
(a) Documents under seal are
						not available for public viewing.
(b) Any cases or materials sealed by a
						court or otherwise required by statute to be sealed shall be sealed in the
						Court of Appeals. In cases that are sealed in their entirety, each document
						filed shall clearly indicate that it is filed under seal. In cases where some
						documents are sealed, such sealed documents shall be reproduced in a separate
						volume that shall clearly indicate that it is filed under seal.
(c) To the extent possible,
						confidential information subject to a statutory proscription against
						publication shall be omitted or redacted from public documents. Where such
						information must be included and cannot be redacted, the cover of the document
						filed shall clearly indicate that it contains confidential material.
(d) To the extent possible,
						sensitive material, even if it is not subject to a statutory proscription
						against publication, shall be omitted or redacted from public documents.
						Information of this type includes, but is not limited to: social security,
						taxpayer identification or financial account numbers; full dates of birth;
						exact street addresses; e-mail addresses; telephone numbers; names of minor
						children; names of children's schools; names of employers; or other information
						that would identify a person whose identity should not be revealed (e.g., a
						victim of a sex crime).
(e) Any party may request that papers
						not sealed below be sealed in this court. Such requests shall be by an original
						and one copy of a motion pursuant to section
						500.21 of this Part, with proof of
						service of one copy on each other party.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › General Matters › Section 500.6 - Developments affecting appeals, certified questions, motions and criminal leave applications

Current through Register Vol. 46, No.
						28, July 10, 2024
Counsel shall timely inform the clerk's
						  office and each other party by letter of all developments affecting appeals,
						  section 500.27 certified questions,
						  motions and criminal leave applications pending in this court, including
						  contemplated and actual settlements, circumstances or facts that could render
						  the matter moot and pertinent developments in applicable case law, statutes and
						  regulations. For appeals, counsel shall also timely inform the clerk's office
						  and each other party by letter of any changes in the status of any related
						  litigation reported on the appellant's preliminary appeal statement or of any
						  related litigation commenced after the filing of appellant's preliminary appeal
						  statement. Such letters shall contain proof of service on each other
						  party.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › General Matters › Section 500.7 - Post-briefing, post-submission and post-argument communications

Current through Register Vol. 46, No. 28, July 10,
						2024
Except for communications providing the
						  information required by section
						  500.6 of this Part or those
						  specifically requested by the court, post-briefing, post-submission and
						  post-argument written communications to the court are not favored, and shall be
						  returned to the sender unless accepted by the clerk of the court following a
						  written request with a copy of the proposed submission and proof of timely
						  service of one copy on each other party.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › General Matters › Section 500.8 - Withdrawal of appeal, motion or criminal leave application

Current
						through Register Vol. 46, No. 28, July 10, 2024
(a) Appeals.
(1) Before argument or
						submission, an appeal 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 all self-represented litigants and, in criminal appeals, additionally by
						defendant.
(2) After
						argument or submission, a request to withdraw an appeal shall be supported by a
						stipulation of withdrawal signed by counsel for all parties and by all
						self-represented litigants and, in criminal appeals, additionally by defendant.
						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 A - Rules Of Practice › Part 500 - Rules Of Practice › Appeals › Section 500.9 - Preliminary appeal statement

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Within 10 days after an appeal is
						taken by (1) serving a notice of appeal on the adverse party and filing that
						notice of appeal in the place and manner required by CPLR 5515, (2) entry of an
						order granting a motion for leave to appeal in a civil case, or (3) issuance of
						a certificate granting leave to appeal in a criminal case, appellant shall file
						with the clerk of the court an original and one copy of a preliminary appeal
						statement on the form prescribed by the court, with the required attachments
						and proof of service of one copy on each other party. No fee is required at the
						time of filing the preliminary appeal statement.
(b) Where a party asserts that
						a statute is unconstitutional, appellant shall give written notice to the
						Attorney General before filing the preliminary appeal statement, and a copy of
						the notification shall be attached to the preliminary appeal statement. The
						notification and a copy of the preliminary appeal statement shall be sent to
						the Solicitor General, Department of Law, The Capitol, Albany, NY
						12224.
(c) After
						review of the preliminary appeal statement, the clerk of the court will notify
						the parties either that review pursuant to section 500.10 or
						500.11 of this Part shall commence
						or that the appeal shall proceed in the normal course.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Appeals › Section 500.10 - Examination of subject matter jurisdiction

Current through Register
						Vol. 46, No. 28, July 10, 2024
(a) On its own motion, the Court may examine
						its subject matter jurisdiction over an appeal based on the papers submitted in
						accordance with section
						500.9 of this Part. The Clerk of
						the Court shall notify all parties by letter (Jurisdictional Inquiry) when an
						appeal has been selected for examination pursuant to this section, stating the
						jurisdictional concerns identified in reviewing the preliminary appeal
						statement and setting a due date for filing and service of comments in letter
						form (Jurisdictional Response) from all parties. Such examination shall result
						in dismissal or transfer of the appeal by the Court or in notification to the
						parties that the appeal shall proceed either under the review process described
						in section
						500.11 of this Part or in the
						normal course, with or without oral argument. This examination of jurisdiction
						shall not preclude the Court from addressing any jurisdictional concerns at any
						time.
(b) Companion submission in
						digital format. Unless a request to be relieved of the digital filing
						requirement is submitted pursuant to subsection
						500.2(e) of this
						Part, each party shall submit in digital format its Jurisdictional Response.
						Appellant shall also submit in digital format one copy of the record below, or
						appendix if the appendix method was used in the court below, and one copy of
						the briefs or papers filed below by each of the parties. The Jurisdictional
						Response in digital format shall be identical to the filed original
						Jurisdictional Response, except it need not contain an original signature. All
						material submitted under this section shall comply with the technical
						specifications and instructions for submission available from the Clerk's
						Office. The Jurisdictional Response in digital format shall be received by the
						Clerk's Office no later than the due date for the printed
						filings.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Appeals › Section 500.11 - Alternative procedure for selected appeals

Current through
						Register Vol. 46, No. 28, July 10, 2024
(a) On its own motion, the court may review
						selected appeals by an alternative procedure. Such appeals shall be determined
						on the intermediate appellate court record or appendix and briefs, the writings
						in the courts below and additional letter submissions on the merits. The clerk
						of the court shall notify all parties by letter when an appeal has been
						selected for review pursuant to this section. Appellant may request such review
						in its preliminary appeal statement. Respondent may request such review by
						letter to the clerk of the court, with proof of service of one copy on each
						other party, within five days after the appeal is taken.
(b) Appeals may be selected for alternative
						review on the basis of:
(1) questions of
						discretion, mixed questions of law and fact or affirmed findings of fact, which
						are subject to a limited scope of review;
(2) recent, controlling precedent;
(3) narrow issues of law not of statewide
						importance;
(4) unpreserved issues
						of law;
(5) a party's request for
						such review; or
(6) other
						appropriate factors.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Appeals › Section 500.14 - Records, appendices and exhibits in normal course appeals

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						Record material. Appellant shall supply the court with record material in one
						of the following ways:
(1)
						Appellant may subpoena the original file to this court from the clerk of the
						court of original instance or other custodian, and submit original exhibits to
						be relied upon, and, in addition to the submission in digital format required
						by subdivision (g) of this section, supplement these with an original and nine
						copies of an appendix conforming to subdivision (b) of this section, with proof
						of service of three copies of the appendix on each other party. If appellant is
						represented by assigned counsel, or has established indigency, an oral or
						written request may be made of the clerk of this court to obtain the original
						file.
(2) In addition
						to the submission in digital format required by subdivision (g) of this
						section, appellant may file with the clerk of the court one copy of the
						reproduced record used at the intermediate appellate court. This record shall
						be supplemented by an original and nine copies of an appendix conforming to
						subdivision (b) of this section, with proof of service of three copies of the
						appendix on each other party.
(3) In addition to the submission in
						digital format required by subdivision (g) of this section, appellant may file
						with the clerk of the court an original and nine copies of a new and full
						record which shall include the record used at the court below, the notice of
						appeal or order granting leave to appeal to this court, the decision and order
						appealed from to this court, and any other decision and order brought up for
						review, with proof of service of three copies of the new record on each other
						party.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Appeals › Section 500.15 - Extensions of time

Current through Register Vol. 46, No. 28, July
						10, 2024
The clerk of the court is authorized to
						  grant, for good cause shown, a reasonable extension of time for filing papers
						  on an appeal. 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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Appeals › Section 500.16 - Failure to proceed or file papers

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) Dismissal of appeal. If appellant
						has not filed and served the papers required by section
						500.11, 500.12 or
						500.26(a) of this
						Part within the time set by the clerk's office or otherwise prescribed by this
						Part, the clerk of the court shall enter an order dismissing the
						appeal.
(b)
						Preclusion. If respondent has not filed and served the papers required by
						section 500.11, 500.12 or
						500.26(a) of this
						Part within the time set by the clerk's office or otherwise prescribed by this
						Part, the clerk of the court shall enter an order precluding respondent's
						filing.
(c) Judicial
						review. A party may seek judicial review of dismissal and preclusion orders
						entered pursuant to subdivisions (a) and (b) of this section by motion on
						notice in accordance with section
						500.21 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Appeals › Section 500.17 - Calendar

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						Notification of argument time and date. When the calendar has been prepared,
						the clerk of the court shall advise counsel by letter of the date and time
						assigned for oral argument.
(b) Calendar preferences. A party
						seeking a preference shall address a letter to the clerk of the court, with
						proof of service of one copy on each other party. The letter shall state why a
						preference is needed, why an alternative remedy, such as review pursuant to
						section 500.11 of this Part or submission
						without argument, is not appropriate, and opposing counsel's position on the
						request.
(c)
						Notification of unavailability. Counsel have a continuing obligation to notify
						the clerk's office of days of known or possible unavailability for oral
						argument during the court's scheduled sessions.
(d) Adjournments. Requests for
						adjournment of a calendared appeal are not favored. A party seeking an
						adjournment shall address a letter to the clerk of the court, with proof of
						service of one copy on each other party. The letter shall state in detail why
						the adjournment is necessary, and why submission on the brief filed and having
						substitute counsel argue are not viable alternatives, and opposing counsel's
						position on the request.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Appeals › Section 500.18 - Oral argument

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Argument time. Maximum argument time
						is 30 minutes per party, unless otherwise directed or permitted by the court
						upon advance request by letter addressed to the clerk of the court with proof
						of service of one copy on each other party. In requesting argument time,
						counsel shall presume the court's familiarity with the facts, procedural
						history and legal issues the appeal presents. The court may assign time for
						argument that varies from a party's request and may determine that the appeal
						be submitted by any party or all parties without oral argument (see section
						500.13[b] of this
						Part).
(b) Arguing
						counsel. Only one counsel is permitted to argue for a party, unless otherwise
						directed or permitted by the court upon advance request by letter addressed to
						the clerk of the court with proof of service of one copy on each other
						party.
(c) Rebuttal.
						Prior to beginning argument, appellant may orally request permission from the
						chief judge to reserve a specific number of minutes for rebuttal. The time
						reserved shall be subtracted from the total time assigned to appellant.
						Respondent may not request permission to reserve time for
						surrebuttal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Appeals › Section 500.19 - Remittitur

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						The remittitur of the court, containing the court's adjudication, together with
						the return papers filed with the court, shall be sent to the clerk of the court
						of original instance or to the clerk of the court to which the case is
						remitted, there to be proceeded upon according to law.
(b) The court of original
						instance or the court to which the case is remitted issues any order to effect
						the adjudication in this court's remittitur, including an award of
						costs.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Criminal Leave Applications › Section 500.20 - Criminal leave applications

Current through Register Vol. 46, No.
						28, July 10, 2024
(a)
						Letter application. In addition to the submission in digital format required by
						subsection
						500.20(e) of this
						Part, applications to the Chief Judge for leave to appeal in a criminal case (C
						PL 460.20) shall be by letter addressed to 20 Eagle Street, Albany, New York
						12207, and shall be sent to the attention of the Clerk of the Court, with proof
						of service of one copy on the adverse party. The letter shall indicate:
(1) the names of all codefendants in the
						trial court, if any, and the status of their appeals, if known;
(2) that no application for the same relief
						has been addressed to a justice of the Appellate Division, as only one
						application is available;
(3)
						whether an oral hearing on the application, in person or by telephone
						conference call, is requested; and
(4) the grounds upon which leave to appeal is
						sought. Particular written attention shall be given to reviewability and
						preservation of error, identifying and reproducing the particular portions of
						the record where the questions sought to be reviewed are raised and
						preserved.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Motions › Section 500.21 - Motions-general procedures

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Return date. Regardless whether the
						court is in session, motions shall be returnable on a Monday or, if Monday is a
						legal holiday, the first business day of the week unless otherwise provided by
						statute, order to show cause or stipulation so ordered by a judge of the court.
						Motions shall be submitted without oral argument, unless the court directs
						otherwise. No adjournments shall be permitted other than in those limited
						instances provided by statute (CPLR 321[c] and 1022).
(b) Notice and service. Movant shall serve a
						notice of motion and supporting papers on sufficient notice to each other
						party, as set forth in the CPLR and subsections (b)(1), (2), (3) and (4) of
						this section. In computing the notice period, the date of service shall not be
						included.
(1) When the motion is personally
						served, movant shall give at least eight days' notice (CPLR 2214(b)).
(2) When the motion is served by regular
						mail, movant shall give at least 13 days' notice (CPLR 2103(b)(2)).
(3) When the motion is served by overnight
						delivery service, movant shall give at least nine days' notice (CPLR
						2103(b)(6)).
(4) When the motion is
						served by facsimile transmission, movant shall comply with CPLR 2103(b)(5), and
						give at least eight days' notice.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Motions › Section 500.22 - Motions for permission to appeal in civil cases

Current through
						Register Vol. 46, No. 28, July 10, 2024
(a) Filing and notice. In addition to the
						submission in digital format required by subsection
						500.22(e) of this
						section, movant shall file an original and one copy of its motion, unless
						permitted to proceed pursuant to subsection
						500.21(g), with
						proof of service of one copy on each other party. The motion shall be noticed
						for a return date in compliance with CPLR 5516 and subsection
						500.21(b) of this
						Part.
(b) Content. The motion shall
						be a single document, bound on the left, and shall contain in the order here
						indicated:
(1) A notice of motion (see CPLR
						2214).
(2) A statement of the
						procedural history of the case, including a showing of the timeliness of the
						motion.
(i) If no prior motion for leave to
						appeal to the Court of Appeals was filed at the Appellate Division, movant's
						papers to this Court shall demonstrate timeliness by stating the date movant
						was served (see CPLR 2103(b)) with the order or judgment sought to be appealed
						from, with notice of entry.
(ii) If
						a prior motion for leave to appeal to the Court of Appeals was filed at the
						Appellate Division, movant's papers filed in this Court shall demonstrate that
						the timeliness chain is intact by stating:
(a) the date movant was served with the order
						or judgment sought to be appealed from, with notice of entry,
(b) the date movant served the notice of
						motion addressed to the Appellate Division upon each other party, and
(c) the date movant was served with the
						Appellate Division order denying leave to appeal with notice of
						entry.
(3) A
						showing that this Court has jurisdiction of the motion and of the proposed
						appeal, including that the order or judgment sought to be appealed from is a
						final determination or comes within the special class of nonfinal orders
						appealable by permission of the Court of Appeals (see CPLR
						5602(a)(2)).
(4) A concise
						statement of the questions presented for review and why the questions presented
						merit review by this Court, such as that the issues are novel or of public
						importance, present a conflict with prior decisions of this Court, or involve a
						conflict among the departments of the Appellate Division. Movant shall identify
						the particular portions of the record where the questions sought to be reviewed
						are raised and preserved.
(5) A
						disclosure statement pursuant to subsection
						500.1(f) of this
						Part, if required.
(6) Copies of the
						order or judgment sought to be appealed from with notice of entry, as well as
						copies of all relevant orders, opinions or memoranda rendered in the courts
						below. The papers shall state if no opinion was rendered.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Motions › Section 500.23 - Amicus curiae relief

Current through Register Vol. 46, No. 28, July
						10, 2024
Any nonparty other than the Attorney General seeking to
						  file an amicus brief on an appeal, certified question or motion for leave to
						  appeal must obtain permission by motion.
Amicus curiae
relief
						  will be denied where acceptance of the amicus curiae submission may cause the
						  recusal or disqualification of one or more Judges of the Court. Potential amici
						  seeking information are encouraged to contact the Clerk's Office by telephone
						  during business hours. Information on the briefing status of appeals and
						  certified questions and appropriate return dates for amicus motions also is
						  available on the Court's web site.
(a)
Motions for amicus curiae relief.
(1)
Amicus curiae
relief on
						normal course appeals and normal course certified questions.
(i) In addition to the submission in digital
						format required by subdivision (c) of this section, movant shall file an
						original and one copy of its motion, accompanied by an original
amicus
brief, with proof of service of one copy of the motion
						and one copy of the brief on each other party. The proposed brief shall conform
						to the word and page limits set forth in section
						500.13(c) of this
						Part and the requirements of section
						500.1 of this Part.
(ii) If the motion is granted, in addition to
						the submission in digital format required by subsection
						500.12(h) of this
						Part, nine copies of the brief shall be filed, with proof of service of three
						copies on each party, within the time set by the Court's order.
(iii) Unless otherwise directed or permitted
						by Court, the motion shall be served no later than 30 days after the filing
						date set for appellant's reply brief or, in the case of cross-appeals,
						cross-appellant's reply brief, and the motion shall be noticed for a return
						date that complies with section
						500.21 of this
						Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Motions › Section 500.24 - Motions for reargument of appeals, motions and decisions on certified questions

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Filing
						and notice. In addition to the submission in digital format required by
						subsection
						500.24(g) of this
						section, movant shall file an original and one copy of its motion, with proof
						of service of one copy on each other party.
(b) Timeliness. Movant shall serve the
						notice of motion not later than 30 days after the appeal, certified question or
						motion sought to be reargued has been decided, unless otherwise permitted by
						the court.
(c)
						Content. The motion shall state briefly the ground upon which reargument is
						sought and the points claimed to have been overlooked or misapprehended by the
						court, with proper reference to the particular portions of the record and to
						the authorities relied upon.
(d) New matters. The motion shall not be
						based on the assertion for the first time of new arguments or points of law,
						except for extraordinary and compelling reasons.
(e) Limitation on motions. The
						court shall entertain only one motion per party for reargument of a specific
						appeal, motion or certified question decision.
(f) Opposing papers. In addition to the
						submission in digital format required by subsection
						500.24(g) of this
						section, respondent may file an original and one copy of papers in opposition
						to the motion, with proof of service of one copy on each other party. The
						opposing papers shall briefly state respondent's argument for dismissal or
						denial of the motion.
(g) Companion
						submission in digital format. Unless a request to be relieved of the digital
						filing requirement is submitted pursuant to subsection
						500.2(e) of this
						Part, each party shall submit in digital format its motion or opposition
						papers. The motion or opposition papers in digital format shall be identical to
						the filed original printed motion or opposition papers, except the digital
						filing need not contain an original signature. All material submitted under
						this section shall comply with the technical specifications and instructions
						for submission available from the Clerk's Office. The companion motion and
						opposition papers in digital format shall be submitted within seven days of the
						return date of the motion.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Motions › Section 500.25 - Emergency matters; orders to show cause

Current through Register
						Vol. 46, No. 28, July 10, 2024
A request for emergency relief pending
						  the determination of an appeal or a motion for permission to appeal shall be
						  brought on by order to show cause. The applicant shall contact the clerk's
						  office in advance of the filing. The papers shall be filed as directed by the
						  clerk's office. The order to show cause shall include telephone and facsimile
						  numbers for each attorney and self-represented party, and a statement giving
						  reasons for granting the request. If there is no pending appeal or motion for
						  permission to appeal, the order to show cause shall bring on a motion for leave
						  to appeal or be accompanied by a notice of appeal or a motion for permission to
						  appeal complying with section
						  500.22 of this Part. There is no
						  fee for filing an order to show cause. If a judge signs an order to show cause
						  bringing on a motion, movant shall pay the fee, if any, required by section
						  500.3(b) of this
						  Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Primary Election Session › Section 500.26 - Primary election session procedures

Current through Register Vol. 46,
						No. 28, July 10, 2024
(a) Appeals as of right or by permission
						of the Appellate Division.
(1)
						Appellant shall immediately contact the clerk's office by telephone upon
						receipt of the order from which the appeal is taken.
(2) Appellant shall immediately
						orally notify each respondent of the appeal.
(3) Within the time directed by the
						clerk of the court, appellant shall file:
(i) a copy of the notice of appeal or
						order granting a motion for leave to appeal and a preliminary appeal statement
						with proof of service on each other party;
(ii) 10 copies of appellant's Appellate
						Division brief and, where applicable, the record or appendix;
(iii) the original file, where
						applicable, which appellant shall obtain;
(iv) the fee, if any, required by
						section 500.3(a) of this
						Part;
(v) an original
						and nine copies of a letter setting forth appellant's arguments in this court
						with proof of service of one copy on each other party; and
(vi) additional papers, if
						requested.
(4) Within the time directed by the
						clerk of the court, respondent shall submit 10 copies of its Appellate Division
						brief, and may submit an original and nine copies of a letter in opposition
						with proof of service of one copy on each other party.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Certified Questions › Section 500.27 - Discretionary proceedings to review certified questions from Federal courts and other courts of last resort

Current through Register Vol. 46, No.
						28, July 10, 2024
(a) Whenever it appears to the Supreme
						Court of the United States, any United States Court of Appeals, or a court of
						last resort of any other state that determinative questions of New York law are
						involved in a case pending before that court for which no controlling precedent
						of the Court of Appeals exists, the court may certify the dispositive questions
						of law to the Court of Appeals.
(b) The certifying court shall prepare a
						certificate which shall contain the caption of the case, a statement of facts
						setting forth the nature of the case and the circumstances out of which the
						questions of New York law arise, and the questions of New York law, not
						controlled by precedent, that may be determinative, together with a statement
						as to why the issue should be addressed in the Court of Appeals at this
						time.
(c) The
						certificate, certified by the clerk of the certifying court under its official
						seal, together with the original or a copy of all relevant portions of the
						record and other papers before the certifying court, as it may direct, shall be
						filed with the clerk of the court.
(d) The court, on its own motion, shall
						examine the merits presented by the certified question, to determine, first,
						whether to accept the certification and, second, the review procedure to be
						followed in determining the merits.
(e) If the certification is accepted,
						the clerk of the court shall request any additional papers the court requires
						for its review. The clerk of the court shall notify the parties of the time
						periods for filing of printed briefs and briefs in digital format, if any, and
						calendaring of argument, if any, directed by the court.
(f) If the constitutionality of
						an act of the Legislature of this State is involved in a certification to which
						the State of New York or one of its agencies is not a party, the clerk of the
						court shall notify the Attorney General in accordance with the provisions of
						Executive Law, section 71.
(g) When a determination is rendered by
						the court with respect to the questions certified, it shall be sent by the
						clerk of the court to the certifying court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.1 - Papers

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 All records, briefs, appendices, motion papers and other required submissions,
					 whether printed, typewritten, or reproduced in other form (no carbon copies),
					 shall conform to CPLR 5529, shall be bound and securely fastened on the left
					 edge, and shall have a fluorescent green sticker on the spine. Pages shall be
					 consecutively numbered and each document filed shall contain an index or table
					 of contents. Records and appendices shall be divided into volumes not to exceed
					 two inches in thickness. Where New York authorities are cited in any paper, New
					 York Official Law Report citations must be included.
(b) Companion filings on
					 interactive compact disk, read-only memory (CD-ROM).
(1)
(i) The submission of briefs by parties
					 and amici curiae, of records or appendices, on interactive compact disk,
					 read-only memory (CD-ROM) as companions to the requisite number of printed
					 briefs, records and appendices filed and served in accordance with the rules of
					 the Court of Appeals in capital cases is allowed and encouraged, provided that
					 all parties have consented to the filing of the companion CD-ROM brief and
					 record or appendix.
(ii) The court may, by order on motion
					 of any party or sua sponte, require such filing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.2 - Duties of trial-level capital defense counsel

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Where a capital trial
					 results in a judgment including a sentence of death, capital defense counsel
					 shall timely take an appeal. C PL 470.30(2) provides that a defendant sentenced
					 to death may not waive review pursuant to C PL 450.70(1) of the judgment and
					 sentence.
(b)
					 Immediately after being served with an adverse order disposing of a capital
					 matter appealable pursuant to C PL 450.70(2), (3), or (4) or C PL 460.40(3),
					 capital defense counsel shall advise the defendant in writing of the right to
					 appeal. Counsel shall ascertain whether the defendant wishes to appeal and, if
					 so, shall timely take the appeal.
(c) In all instances, capital defense
					 counsel shall advise the defendant in writing of the time limitations for
					 taking an appeal, the manner of taking an appeal and of obtaining a transcript
					 of the testimony, and the right of a defendant unable to pay the cost of an
					 appeal to apply for permission to appeal as a poor person. Capital defense
					 counsel shall also comply with section
					 510.7(a) of this
					 Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.3 - Notice of appeal

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) C PL 450.70(1) mandatory appeal. A
					 timely appeal must be taken pursuant to C PL 460.10(1). In addition, counsel
					 for defendant must file one copy of the notice of appeal, with proof of service
					 and filing, with the clerk of the Court of Appeals.
(b) Other capital appeals. Any
					 other appeal in a case involving a sentence of death shall be taken by the
					 timely service and filing of a notice of appeal pursuant to C PL 460.10(1). In
					 addition, counsel for appellant must file one copy of the notice of appeal,
					 with proof of service and filing, with the clerk of the Court of
					 Appeals.