reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.18 - Special proceedings pursuant to Eminent Domain Procedure Law, Section 207; Public Service Law, Sections 128, 170; Labor Law, Section 220; and Public Officers Law, Section 36; or Real Property Tax Law, Section 1218

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Special proceedings initiated in this court pursuant to Eminent Domain
						  Procedure Law, §207, Public Service Law, § 128 or 170, Labor Law,
						  § 220, or Public Officers Law, §36, or Real Property Tax Law,
						  §1218 shall be commenced by the filing of a petition in the office of the
						  clerk of this court pursuant to CPLR 304. Service of the petition with a notice
						  of petition or order to show cause shall be made in accordance with CPLR 306-b
						  on at least 20 days' notice to the respondent. In proceedings pursuant to
						  section 207, 128 or 170 such notice shall be accompanied by a demand upon the
						  respondent to file a copy of the transcript of the hearing before it and a copy
						  of its determinations and findings.
(b) The respondent shall file an answer
						  to the petition and, in proceedings pursuant to section 207, 128 or 170, the
						  transcript of the hearing and the determination and findings.
(c) Within three months after
						  service of the answer, the petitioner shall file nine copies of a brief, with
						  proof of service of one copy upon the respondent. Not more than 30 days after
						  service of petitioner's brief, the respondent shall file nine copies of an
						  answering brief, with proof of service of one copy upon the petitioner. Not
						  more than 10 days after service of the respondent's brief the petitioner may
						  file a reply brief.
(d) The proceeding will be heard upon
						  the original record which shall contain:
(1) the notice of petition and
						  petition;
(2) if
						  applicable, the demand for the transcript, determination and
						  findings;
(3) the
						  original record before the respondent including a copy of the transcript of the
						  hearing, if any; and
(4) the determination and findings of
						  the respondent.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.19 - Action on submitted facts

Current through Register Vol. 46, No.
						  28, July 10, 2024
(a) An action submitted to this court
						  pursuant to CPLR 3222 shall be prosecuted on a printed submission which shall
						  be bound separately from the brief and shall contain in the following order:
(1) a cover complying with
						  section 670.10 -b(b)(1) of this
						  Part;
(2) the
						  statement required by CPLR 5531;
(3) the case required by CPLR 3222(a),
						  duly executed and acknowledged by all the parties in the form required to
						  entitle a deed to be recorded, containing:
(i) the agreed statement of facts upon
						  which the controversy depends;
(ii) a statement that the controversy
						  is real and is made in good faith for the purpose of determining the rights of
						  the parties;
(iii) a
						  provision designating the particular county clerk of one of the counties within
						  the Second Judicial Department with whom the papers are to be filed;
						  and
(iv) a provision
						  in conformity with CPLR 3222(b)(3) stipulating that the action be heard and
						  determined by this court; and
(4) proof of filing of the papers
						  comprising the submission with the designated county clerk.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.20 - Oral argument

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Not more than 30 minutes shall be
						  allowed for argument to each attorney who has filed a brief on:
(1) appeals from judgments,
						  orders or decrees made after a trial or hearing;
(2) appeals from orders of the
						  Appellate Term; and
(3) special proceedings transferred to
						  or instituted in this court to review administrative determinations made after
						  a hearing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.21 - Decisions and orders; costs

Current through Register Vol. 46, No.
						  28, July 10, 2024
(a) An order or judgment of this court
						  determining a cause or an order of this court determining a motion shall be
						  drafted by the court and shall be entered in the office of the clerk of this
						  court. Such an order or judgment shall be deemed entered on the date upon which
						  it was issued.
(b)
						  Costs and disbursements upon any cause or motion shall be allowed only as
						  directed by the court. In the absence of a contrary direction, the award by
						  this court of costs upon any cause shall be deemed to include
						  disbursements.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.22 - Fees of the clerk of the court

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a) Pursuant to CPLR 8022, the clerk is
						  directed to charge and is entitled to receive on behalf of the State:
(1) A fee of $315, payable
						  upon the filing of a record on a civil appeal or statement in lieu of record on
						  a civil appeal and upon the filing of a notice of petition or order to show
						  cause commencing a special proceeding.
(2) A fee of $45, payable upon the
						  filing of each motion or cross motion with respect to a civil appeal or special
						  proceeding, except that no fee shall be imposed for a motion or cross motion
						  which 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.23 - Court's waiver of compliance

Current through Register Vol. 46, No.
						  28, July 10, 2024
In any civil or criminal cause, the
							 court, either upon its own or upon any party's motion and either with or
							 without notice to the adverse parties, may waive compliance by any party with
							 any provision of this Part or may vary the application of any such
							 provision.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.24 - Forms

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Request for Appellate Division Intervention--Civil.
Image
Image
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(b) Additional
						  Appeal Information.
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(c) Additional
						  Party and Attorney Information.
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(d) Request for
						  Appellate Division Intervention--Criminal.
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(e) Request for
						  Appellate Division Intervention--Attorney Matters.
Image
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.25 - 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.26 - 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.27 - 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.28 - 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.29 - 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.30 - 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.31 - 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.32 - 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.33 - 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 671 - Additional Duties Of Counsel And The Court Clerk In Criminal Actions, In And Cplr Article 78 Proceedings, In Proceedings Instituted By Motion Made Pursuant To Cpl 440.10 Or 440.20 And Family Court Act Proceedings › Section 671.1 - Application

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  This Part of the rules is applicable in criminal actions or proceedings and in
						  proceedings involving post-judgment motions made pursuant to C PL 440.10 or
						  440.20, and in habeas corpus and CPLR article 78 proceedings arising out of
						  criminal actions or proceedings or accusatory instruments, indictments or
						  informations.
(b)
						  Unless the context requires otherwise, any reference herein to the defendant
						  means either the defendant in a criminal action or proceeding or the defendant,
						  the petitioner or the relator in a proceeding instituted on motion made
						  pursuant to C PL 440.10 or 440.20 or in a proceeding under CPLR article 78 or
						  in a habeas corpus proceeding.
(c) Unless the context requires
						  otherwise, any reference herein to counsel for the defendant means every
						  attorney who represents the defendant (as herein defined), regardless of
						  whether such attorney shall have been retained or whether he shall have been
						  assigned by the court or whether he be the public defender.
(d) Unless the context
						  requires otherwise, any reference herein to the People's counsel means either
						  the district attorney or other prosecutor as defined in C PL 1.20, or, as the
						  case may be, the Attorney General or the county attorney or any other attorney
						  who may appear for the People or for any public official joined as a party in
						  his official capacity.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 671 - Additional Duties Of Counsel And The Court Clerk In Criminal Actions, In And Cplr Article 78 Proceedings, In Proceedings Instituted By Motion Made Pursuant To Cpl 440.10 Or 440.20 And Family Court Act Proceedings › Section 671.2 - Duration of representation by counsel for defendant

Current
						  through Register Vol. 46, No. 28, July 10, 2024
In every criminal action or proceeding
							 specified in section
							 671.1 of this Part the duration of
							 the representation by counsel for the defendant shall be as follows:
(a) in the trial court, until
						  determination of the action or proceeding and until counsel shall have
						  performed the additional duties imposed upon him by these rules; and
(b) in the appellate court,
						  until entry of the order determining the appeal and until counsel shall have
						  performed the additional duties imposed upon him by these rules. Thereupon such
						  counsel's representation shall come to an end.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 671 - Additional Duties Of Counsel And The Court Clerk In Criminal Actions, In And Cplr Article 78 Proceedings, In Proceedings Instituted By Motion Made Pursuant To Cpl 440.10 Or 440.20 And Family Court Act Proceedings › Section 671.4 - Additional duties of defendant's counsel in the Appellate Division or other intermediate appellate court

Current through Register Vol. 46, No.
						  28, July 10, 2024
(a) Immediately after entry of the
						  order of the Appellate Division or other intermediate appellate court affirming
						  the judgment of conviction or sentence or the order denying a motion made
						  pursuant to C PL 440.10 or 440.20 or the order or judgment denying or
						  dismissing a habeas corpus or CPLR article 78 application or proceeding, it
						  shall be the duty of the counsel for the defendant, to give, either by mail or
						  personally, written notice to his client advising him:
(1) of his right to make application
						  for permission to take a further appeal or for a certificate granting leave to
						  appeal to the Court of Appeals; and
(2) in the event such permission is
						  granted or such certificate is issued, of his additional right, upon proof of
						  his financial inability to retain counsel and to pay the costs and expenses of
						  such further appeal, to make a concurrent application to the Court of Appeals
						  for the assignment of counsel and for leave to prosecute such further appeal as
						  a poor person and to dispense with printing. In such notice counsel shall also
						  request the written instructions of his client. If the client thereafter gives
						  to counsel timely written notice of his desire to make either or both of such
						  applications, counsel shall proceed promptly to do so.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 671 - Additional Duties Of Counsel And The Court Clerk In Criminal Actions, In And Cplr Article 78 Proceedings, In Proceedings Instituted By Motion Made Pursuant To Cpl 440.10 Or 440.20 And Family Court Act Proceedings › Section 671.5 - Additional duties of the court and the court clerk, where defendant appears pro se in the trial court

Current through Register Vol. 46, No. 28, July
						  10, 2024
If a defendant shall have appeared pro
							 se in the trial court, then, upon imposing sentence or upon the denial of a
							 motion made pursuant to C PL 440.10 or 440.20 or the denial or dismissal of the
							 habeas corpus or CPLR article 78 application or proceeding, the trial court
							 shall concurrently advise the defendant of his right to appeal or to make
							 application for permission to appeal or for a certificate granting leave to
							 appeal, as the case may be. The court shall also concurrently advise the
							 defendant of his additional right, upon proof of his financial inability to
							 retain counsel and to pay the cost and expenses of the appeal, to apply to the
							 appellate court for the assignment of counsel and for leave to prosecute the
							 appeal as a poor person and to dispense with printing; and that where
							 permission to appeal or a certificate granting leave to appeal is required,
							 such application for poor person relief will be entertained only if, as and
							 when such permission or certificate is granted. If in open court the defendant
							 orally so requests or if thereafter he so requests in writing and such written
							 request be timely received by the clerk of the trial court, said clerk shall
							 forthwith prepare and serve and file an appropriate notice of appeal on
							 defendant's behalf, or, if a certificate granting leave to appeal is required,
							 serve and file the application therefor in accordance with the rule hereinabove
							 provided with respect to such application. As a part of every such application
							 the clerk shall annex and transmit the original record of the proceedings to
							 the appellate court. Upon the determination of the application, the original
							 record of the proceedings shall be returned to the trial court together with a
							 certified copy of the order entered upon the application. A certified copy of
							 such order shall also be sent to the defendant at his address shown in the
							 application.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 671 - Additional Duties Of Counsel And The Court Clerk In Criminal Actions, In And Cplr Article 78 Proceedings, In Proceedings Instituted By Motion Made Pursuant To Cpl 440.10 Or 440.20 And Family Court Act Proceedings › Section 671.6 - Additional duties of counsel for the People, where defendant appears pro se in appellate court on appeal in criminal action or proceeding instituted upon motion made pursuant to CPL 440.10 or 440.20

Current through Register Vol.
						  46, No. 28, July 10, 2024
On an appeal from a judgment of
							 conviction or sentence or on an appeal from an order denying a motion made
							 pursuant to C PL 440.10 or 440.20, if the defendant shall have appeared pro se
							 and if the judgment, sentence or order shall have been affirmed, the copy of
							 the order of affirmance which the People's counsel thereafter serves on the
							 defendant shall have annexed or appended thereto or endorsed thereon the
							 following notice:
NOTICE AS TO FURTHER APPEAL
Pursuant to C PL 460.20, within 30
							 days after service upon you of a copy of the order of affirmance with notice of
							 its entry, you have the right to apply for a certificate granting leave to take
							 a further appeal to the Court of Appeals. Such application must be made either
							 to the Chief Judge of the Court of Appeals by submitting it to the clerk of
							 that court, as prescribed in C PL 460.20 (subdivisions 3b and 4), or to a
							 justice of the Appellate Division of the Supreme Court in this department, as
							 prescribed in section
							 670.7 of this Title and in C PL
							 460.20 (subdivisions 3a and 4). The denial of such application by the first
							 judge or justice to whom it is presented is final; thereafter a new application
							 may not be made to any other judge or justice.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 671 - Additional Duties Of Counsel And The Court Clerk In Criminal Actions, In And Cplr Article 78 Proceedings, In Proceedings Instituted By Motion Made Pursuant To Cpl 440.10 Or 440.20 And Family Court Act Proceedings › Section 671.7 - Additional duties of counsel for the People, where defendant appears pro se in appellate court on appeal in habeas corpus or CPLR article 78 proceeding

Current through Register Vol. 46, No. 28, July 10,
						  2024
On an appeal from a judgment or order
							 denying or dismissing a habeas corpus or CPLR article 78 application or
							 proceeding, if the defendant shall have appeared pro se and if the judgment or
							 order shall have been affirmed or modified, the copy of the order which the
							 People's counsel thereafter serves on the defendant shall have annexed or
							 appended thereto or endorsed thereon the following notice:
NOTICE AS TO FURTHER APPEAL
If the affirmance by the Appellate
							 Division is unanimous, then, pursuant to statute (CPLR 5602), within 30 days
							 after service upon you of a copy of the order of affirmance with notice of its
							 entry, you may make application for permission to take a further appeal to the
							 Court of Appeals. Such application must be made either: to the Appellate
							 Division, or, upon its refusal, to the Court of Appeals; or directly to the
							 Court of Appeals without first applying to the Appellate Division. If such
							 permission be granted by either court, the appeal to the Court of Appeals will
							 be deemed to have been taken without the necessity of serving or filing a
							 formal notice of appeal. If the affirmance by the Appellate Division is not
							 unanimous and if the dissent is in your favor with respect to a stated question
							 of law; or if the judgment or order appealed from be modified in a substantial
							 respect, and if you are aggrieved by the modification and it is one which is
							 within the power of the Court of Appeals to review, then, pursuant to statute
							 (CPLR 5513, 5515, 5601), within 30 days after service upon you of a copy of the
							 order with notice of its entry, you have the right (without permission) to take
							 a further appeal to the Court of Appeals by serving your notice of appeal on
							 the adverse party or upon his attorney and by filing such notice in the office
							 where the judgment or order of the court of original instance was
							 entered.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 671 - Additional Duties Of Counsel And The Court Clerk In Criminal Actions, In And Cplr Article 78 Proceedings, In Proceedings Instituted By Motion Made Pursuant To Cpl 440.10 Or 440.20 And Family Court Act Proceedings › Section 671.8 - 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 B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 671 - Additional Duties Of Counsel And The Court Clerk In Criminal Actions, In And Cplr Article 78 Proceedings, In Proceedings Instituted By Motion Made Pursuant To Cpl 440.10 Or 440.20 And Family Court Act Proceedings › Section 671.9 - Additional duties of the court and of defendant's counsel in connection with trial court transcripts

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Where furnishing of a daily copy of a
							 transcript is ordered by the court, the ribbon copy thereof shall be delivered
							 to the court and a carbon copy to counsel for the defendant. Both the court and
							 counsel for the defendant shall be duty-bound to preserve their respective
							 copies. At the conclusion of the trial or hearing, trial counsel for the
							 defendant shall, if an appeal is taken, deliver said carbon copy to appellant's
							 counsel immediately on being advised of the name and address of said
							 appellant's counsel. At the conclusion of the trial or hearing and forthwith
							 after the decision or verdict, as the case may be, the ribbon copy shall be
							 delivered by the court to the county clerk for filing. The ribbon copy and the
							 carbon copy shall constitute the two transcripts of the proceedings required by
							 section
							 460.70 of the Criminal Procedure
							 Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.1 - Introduction

Current through Register Vol. 46, No. 28, July 10,
						  2024
This Part is hereby adopted to
							 establish rules governing the assigned counsel plan for the Second, Eleventh,
							 and Thirteenth Judicial Districts and to establish rules and standards
							 regulating the selection, designation, performance and professional conduct of
							 individual panel plan attorneys appointed to furnish representation for
							 indigent defendants in criminal proceedings.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.2 - Previous measures continued

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The assigned counsel plan and the
							 criminal trials and appeals panels, under the plan previously established for
							 the Second and Eleventh Judicial Districts pursuant to article 18-B of the
							 County Law, shall continue in effect subject to the provisions of this
							 Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.3 - Administrator

Current through Register Vol. 46, No. 28, July 10,
						  2024
The administrative authority over the
							 assigned counsel plan for the Second, Eleventh, and Thirteenth Judicial
							 Districts shall be delegated to the administrator of the assigned counsel plan.
							 The administrator shall administer the plan in accordance with applicable
							 statutes, the assigned counsel plan, this Part, the rules of the Appellate
							 Division, and with the procedures formulated by the advisory committee and
							 approved by the Appellate Division.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.4 - Advisory committee

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) There shall be established an
						  assigned counsel plan advisory committee for the counties of Kings, Queens and
						  Richmond, which shall be composed of 18 members, as follows:
(1) six members of the
						  judiciary, who at the time of their initial appointment shall be either Judges
						  of the Criminal Court of the City of New York or Justices of the Supreme Court,
						  and one of whom shall be a Supervising Judge of the Criminal Court or his or
						  her designee and another of whom shall be an Administrative Judge of the
						  Supreme Court or his or her designee;
(2) two representatives of the bar
						  associations in each county;
(3) a member of the faculty of an
						  accredited law school; and
(4) five additional members, at least
						  one of whom shall not be an attorney.
The committee members shall be
							 appointed by the Presiding Justice for a term of three years and may be
							 reappointed for additional three-year terms. The administrator of the assigned
							 counsel plan shall sit as an ex officio members of the advisory
							 committee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.5 - Duties of the advisory committee

Current through Register Vol. 46,
						  No. 28, July 10, 2024
Subject to the supervision of the
							 Appellate Division, the advisory committee shall establish procedures for
							 appointment and reappointment of attorneys to serve on the panels; periodic
							 evaluation of attorneys; training of attorneys; investigating complaints made
							 against members of the panels; suspension and removal of attorneys from the
							 panels; and periodic review of the plan.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.6 - Eligibility requirements

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) General requirements are:
(1) Admission to the New York
						  State Bar for at least two years. The requirement may not be waived except in
						  the following circumstances; where an attorney has been admitted in another
						  state more than two years and has exceptional criminal law experience in that
						  other state.
(2)
						  Attorneys may only be a member of one trial court panel and one parole panel in
						  one county, except an attorney may be on both the felony panel and the "A"
						  felony panel in the one county. No attorney may be placed on the appellate
						  panels of more than one department, but an attorney may be on the trial panels
						  of a county and the appellate panel of the same or different
						  department.
(3) An
						  attorney's primary office must be located in the county of the panel or in an
						  adjoining county within New York City which shall be applied as follows: Kings
						  - adjoining counties: New York and Queens; Richmond -adjoining counties: New
						  York and Kings; Queens - adjoining counties: Kings and New York.
(4) Primary office shall be
						  readily available to clients and families.
(5) No matters involving the attorney
						  shall be pending before a grievance committee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.7 - Bar association screening committee

Current through Register Vol. 46,
						  No. 28, July 10, 2024
Each of the county bar associations
							 shall continue to maintain a screening committee which will review the
							 applications of attorneys and recommend qualified attorneys to be added to the
							 panels. The review by the committees shall be in accordance with the
							 eligibility requirement and guidelines established by the advisory committee.
							 The recommendations will be forwarded to the administrator for his or her
							 review and approval to the appropriate panel.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.8 - Designation of panels

Current through Register Vol. 46, No. 28, July
						  10, 2024
The Appellate Division shall designate
							 the panel for each county from attorneys recommended by the bar association
							 screening committees and approved by the administrator. Appointments to the
							 panels shall be for a term of three years, but successive designations may be
							 made.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.9 - Periodic evaluation of panel members

Current through Register
						  Vol. 46, No. 28, July 10, 2024
The advisory committee shall
							 periodically evaluate the qualifications of panel attorneys and shall establish
							 procedures to recertify these attorneys to individual panels. The advisory
							 committee shall not recommend for reappointment any attorney whose past
							 performance the committee determines to be unsatisfactory. Judicial members of
							 the advisory committee may participate in the determination.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.10 - Training and education

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The advisory committee, in cooperation
							 with the administrator, shall establish training and educational programs. It
							 shall determine which programs are mandatory for continued membership on the
							 panels. It shall also, in cooperation with the administrator, establish mentor
							 programs to assist new and current panel members in developing their
							 skills.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.11 - Assignment of counsel

Current through Register Vol. 46, No. 28, July
						  10, 2024
Assignment of counsel by the Family
							 Court, Supreme Court or Surrogate's Court to represent indigent adults in
							 proceedings pursuant to section
							 262 of the
							 Family Court Act, shall be made from law guardian panels designated pursuant to
							 Part 679 of this Title (the rules of the Appellate Division, Second
							 Department). Attorneys so assigned shall be subject to those court rules
							 including the rules relating to evaluation and removal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.12 - Suspension and removal

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) The administrator may suspend any
						  panel attorney for a violation of the assigned counsel plan's rules or
						  procedures, professional misconduct with respect to assigned counsel cases, or
						  other misconduct which would affect the attorney's ability to properly
						  represent assigned counsel clients.
(b) All attorneys who are so suspended
						  by the administrator for ineffective representation, professional or other
						  misconduct, or other situations which the administrator deems appropriate, may
						  be referred to the advisory committee for further investigation and
						  recommendations.
(c)
						  The advisory committee will develop procedures for investigation and review
						  with respect to complaints against attorneys.
(d) Based upon its finding, the
						  advisory committee may recommend to the Presiding Justice that an attorney be
						  removed or reinstated to a panel. Judicial members of the committee may
						  participate in the recommendation. Such recommendation shall not be required
						  where an attorney is not reappointed at the expiration of his or her
						  term.
(e) The
						  administrator may, for violations of the plan's rules and procedures, recommend
						  to the Presiding Justice that an attorney be removed from the panel.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.13 - Reappointment of attorney to panel

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a) Attorney previously denied
						  certification:
(1) An attorney
						  who has previously served on an assigned counsel plan panel and who was denied
						  recertification, may be granted permission to reapply to the assigned counsel
						  plan under the following conditions:
(i) at least one year has elapsed since
						  denial of recertification;
(ii) the attorney submits at least
						  three letters of reference from lawyers who have served as opposing counsel in
						  litigated matters in the past year;
(iii) the attorney submits at least
						  three letters from judges of courts of record before whom she/he has practiced
						  in the past year;
(iv) the letters referred to in
						  subparagraphs (ii) and (iii) of this paragraph must address at least the
						  following issues: the attorney's trial skills or appellate skills, integrity,
						  knowledge of criminal law, and her/his vigor of advocacy; and
(v) the attorney submits two
						  writing samples, including a brief or motion papers prepared in the past
						  year.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.14 - Annual evaluations

Current through Register Vol. 46, No. 28,
						  July 10, 2024
On June 30th of each year, commencing
							 with June 30, 1991, the advisory committee shall submit to the Appellate
							 Division an evaluation of the operation of the plan and the training programs,
							 and recommendations as to procedures, if any, which should be adopted to
							 improve the performance of the plan and the training
							 programs.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.15 - Annual reports

Current through Register Vol. 46, No. 28, July
						  10, 2024
An annual report of the operation of
							 the plan shall be filed by the Appellate Division with the Chief Administrator
							 of the Courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 678 - Assigned Counsel Plan, Second, Eleventh, And Thirteenth Judicial Districts › Section 678.16 - Construction

Current through Register Vol. 46, No. 28, July 10,
						  2024
Nothing contained in this Part shall
							 be construed to limit the powers of the Appellate Division, the Presiding
							 Justice, or the administrator of the assigned counsel plan, otherwise granted
							 pursuant to law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.1 - Family Court attorneys for children plan established

Current
						  through Register Vol. 46, No. 28, July 10, 2024
There is hereby established in the
							 counties of the Second Judicial Department a plan for the operation of the
							 Family Court attorneys for children panels designated pursuant to section
							 243
							 (c) of the Family Court
							 Act.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.2 - Administration of attorneys for children plan

Current through Register
						  Vol. 46, No. 28, July 10, 2024
The attorneys for children plan for
							 the Second Judicial Department shall be administered by the director of the
							 attorneys for children program who shall be appointed by the Appellate Division
							 of the Supreme Court, Second Judicial Department, and supervised by the
							 Presiding Justice.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.3 - Attorneys for children director

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The director of the attorneys for
							 children program shall administer the plan in accordance with the law, these
							 rules, and with the procedures promulgated by the attorneys for children
							 advisory committees.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.4 - Advisory committees

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The following Family Court attorneys
							 for children advisory committees shall be established:
(a) There shall be a single
						  committee for the counties of Kings, Queens and Richmond, which shall be
						  composed of the Administrative Law Judge of the Family Court of the City of New
						  York, or his or her designee, who shall serve as committee chair, a
						  representative of each of the county bar associations, a member of the faculty
						  of an accredited law school, and three additional members at least one of whom
						  shall be a nonattorney.
(b) In Nassau County, the committee
						  shall be composed of the Supervising Judge of the Family Court, who shall serve
						  as committee chair, a representative of the county bar association, a member of
						  the faculty of an accredited law school, and three additional members at least
						  one of whom shall be a nonattorney.
(c) In Suffolk County, the committee
						  shall be composed of the Supervising Judge of the Family Court, who shall serve
						  as committee chair, a representative of the county bar association, a member of
						  the faculty of an accredited law school, and three additional members at least
						  one of whom shall be a nonattorney.
(d) There shall be a single committee
						  for the counties of Dutchess, Orange, Putnam, Rockland and Westchester, which
						  shall be composed of the Supervising Judge of the Family Court, Ninth Judicial
						  District, who shall serve as committee chair, a representative from each county
						  bar association, a member of the faculty of an accredited law school, and nine
						  additional members at least three of whom shall be nonattorneys.
(e) The members of each
						  advisory committee shall be appointed by the Presiding Justice of the the
						  Appellate Division, Second Judicial Department, for three- year terms, and may
						  be reappointed for additional terms. The bar association representative members
						  shall be appointed upon recommendation of the respective bar associations.
						  Committee members may not serve on the attorneys for children panels.
(f) The director of the
						  attorneys for children program shall sit as an ex officio member of each
						  advisory committee.
(g) The members of the attorneys for
						  children advisory committees as volunteers are expressly authorized to
						  participate in a State-sponsored volunteer program within the meaning of the
						  Public Officers Law, section 17.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.5 - Duties of the advisory committees

Current through Register Vol. 46,
						  No. 28, July 10, 2024
Subject to the supervision of the
							 Appellate Division, the attorneys for children advisory committees shall
							 establish procedures for appointment and reappointment of attorneys to serve on
							 the attorneys for children panels, for periodic evaluation of attorneys who
							 serve on the attorneys for children panels, for training of attorneys on the
							 attorneys for children panels, for investigating complaints made against
							 members of the attorneys for children panels, and for removal of attorneys from
							 the attorneys for children panels.