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 530.8 - Motions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) A motion
					 addressed to the court may be made on eight days' notice (personal service),
					 nine days' notice (overnight delivery service), or 13 days' notice (service by
					 mail). 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 provided by statute, order to show cause or stipulation so ordered
					 by a judge of the court. Motions to dispense with rule requirements or to
					 review determinations of the clerk of the court may be made on a single set of
					 the moving papers with proof of service of one copy. Motions for suspension in
					 accordance with New York State Constitution, article 6, section 22, subdivision
					 (e), (f) or (g), shall be made on an original and six copies of a brief or
					 moving papers, unless the court acts sua sponte on such notice to counsel and
					 with such directions for filings as it may deem appropriate. Oral argument will
					 not be heard unless the court expressly grants permission upon a written
					 request showing need.
(b)
					 Reargument. A motion for reargument shall be made without oral argument, on an
					 original and six copies of papers which 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. Such motion may not be based
					 on the assertion for the first time of new points except for extraordinary and
					 compelling reasons. Unless otherwise permitted by the court, the motion shall
					 be served not later than 30 days after the court has rendered its judgement or
					 order. Two copies of the motion shall be served on the adverse party.
(c) Amicus curiae relief. Movant shall file
					 an original and one copy of its motion papers, 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. If the motion is granted, nine copies of the
					 brief shall be filed, with proof of service of two copies on each party, within
					 the time set by the Court's order. Unless otherwise directed or permitted by
					 the Court, the motion shall be served no later than 15 days after the filing
					 date set for petitioner's reply. 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 requests for review and
					 appropriate return dates for amicus motions also is available on the Court's
					 web site. A motion for amicus curiae relief shall :
(i) demonstrate that the parties are not
					 capable of full and adequate presentation and that movant could remedy this
					 deficiency; the movant could identify law or arguments that might otherwise
					 escape the Court's consideration; or the proposed amicus curiae brief otherwise
					 would be of assistance to the Court;
(ii) include a statement of the identity of
					 movant and the movant's interest in the matter; and
(iii) include a statement indicating whether:
(a) a party's counsel contributed content to
					 the brief or participated in the preparation of the brief in any other
					 manner;
(b) a party or a party's
					 counsel contributed money that was intended to fund preparation or submission
					 of the brief; and
(c) a person or
					 entity, other than movant or movant's counsel, contributed money that was
					 intended to fund preparation or submission of the brief and, if so, identifying
					 each such person or entity.
(d)
					 With respect to all motions provided for under subdivisions (a), (b) and (c) of
					 this section, answering papers or briefs shall be served and filed on or before
					 the return date of the motion unless otherwise directed by the
					 court.