reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 835 - Attorneys For Children › Section 835.4 - Training and education

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Attorneys for children shall be
						  expected to be thoroughly familiar with:
(1) provisions of the Family Court Act
						  and relevant provisions of the Domestic Relations Law, Social Services Law,
						  Penal Law and Criminal Procedure Law;
(2) the basic principles of child
						  development and behavior;
(3) the existence and availability of
						  community-based treatment resources and residential facilities; and
(4) recent case law and
						  legislation relating to the foregoing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 835 - Attorneys For Children › Section 835.5 - Compensation

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Claims by attorneys for children for services rendered pursuant to Family Court
						  Act section 245 shall be submitted for approval to the Family Court judge on
						  forms authorized by the Chief Administrator of the Courts; after approval or
						  modification, the Family Court shall forward the claim to the Appellate
						  Division for approval and certification to the Comptroller for payment. If a
						  claim is received by the Appellate Division more than 90 days after the date of
						  completion of services, the attorney may be requested to provide an affidavit
						  (1) stating that counsel has not previously applied for payment or been paid
						  for the services in question, and (2) explaining the reasons for the delay in
						  submitting the claim for payment. The Appellate Division reserves the right to
						  disapprove any claim for compensation received more than 90 days after the date
						  of completion of services.
(b) Claims for compensation in excess
						  of the statutory limits set by Family Court Act section 245 and Judiciary Law
						  section 35 shall be accompanied by a sworn statement by the attorney describing
						  the nature of the proceeding, specifying the time and services rendered and
						  expenses incurred, and detailing the circumstances deemed to be extraordinary
						  justifying a fee in excess of the statutory limits. In the absence of the
						  attorney's affidavit in support of the excess fee, compensation in excess of
						  statutory limits shall not be allowed.
(1) The following are among the factors
						  which may be considered in determining whether extraordinary circumstances
						  exist justifying a fee in excess of statutory limits:
(i) unusually complex factual or legal
						  issues;
(ii) novel
						  issues of law requiring extensive legal research;
(iii) lengthy and necessary
						  trial or other in-court proceedings which alone raise the compensation claim
						  above statutory limits; and
(iv) other unique or unusual
						  circumstances which required the attorney for the child to spend additional
						  time on a case raising the compensation claim above statutory limits.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 840 - Orders › Section 840.1 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 840 - Orders › Section 840.3 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 840 - Orders › Section 840.4 - Renumbered

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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 840 - Orders › Section 840.5 - Authorization for committees on character and fitness to continue to inquire concerning any criminal actions or proceedings involving applicants for admission

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Upon reading chapter 877 of the Laws
							 of 1976, which amended section
							 160.50 of the Criminal Procedure Law and
							 added a new section 160.60 thereto, and also amended section
							 296 of the
							 Executive Law of the State of New York, it is
ORDERED, that the Committees on
							 Character and Fitness delegated by this Court to investigate applicants for
							 admission to the Bar may continue to inquire concerning any criminal actions or
							 proceedings involving the applicant, including actions or proceedings which
							 were terminated in the applicant's favor, and may continue to require the
							 applicants to answer questions and give information with respect to such
							 matters.
DATED AND ENTERED: December 16,
							 1976
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 840 - Orders › Section 840.6 - Disclosure of jury lists

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Pursuant to the authority conferred
							 upon this court by section
							 509
							 (a) of the Judiciary Law, it is
ORDERED, that any application made by
							 counsel for a party pursuant to Judiciary Law, section 509(a), for disclosure
							 of the list of potential jurors for use in counsel's trial preparation shall be
							 directed to and determined by the trial judge or justice, and it is
							 further
ORDERED, that such applications shall
							 be made upon notice to the Commissioner of Jurors and the other parties to the
							 litigation, and it is further
ORDERED, that this procedure shall be
							 effective November 10, 1989.
DATED AND ENTERED: October 16,
							 1989
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 840 - Orders › Section 840.7 - Admission to New York Bar without examination

Current through Register
						  Vol. 46, No. 28, July 10, 2024
WHEREAS, Judiciary Law section
							 90(1)(b), as amended by chapter 307 of the Laws of 1988, and section
							 520.9(a)(1) of
							 the Rules of the Court of Appeals, as amended on October 1, 1988, provide,
							 inter alia, that this Court may admit to practice without examination an
							 applicant who has been admitted to practice in another State or territory or
							 the District of Columbia or in a foreign country, provided that at least one
							 such jurisdiction in which the applicant is so admitted would similarly admit
							 an attorney admitted to practice in New York to its Bar without examination;
							 and
WHEREAS, it is the recommendation of
							 the Advisory Committee on Admission of Attorneys that the Appellate Divisions
							 of the Supreme Court maintain a list of reciprocal jurisdiction; it is
ORDERED, that the Clerk of this Court,
							 in consultation with the Clerks of the other Appellate Divisions, shall prepare
							 and maintain a list of reciprocal jurisdictions; and it is further
ORDERED, that jurisdictions shall not
							 be added to or deleted from said list except after consultation by and among
							 the Clerks of the Appellate Divisions.
DATED AND ENTERED: August 28,
							 1990
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.1 - General provisions and definitions

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
The Practice Rules of the Appellate Division.
The Practice Rules of the Appellate Division are
							 embodied in Part 1250 of the New York Rules of Court (Part 1250 of this Title)
							 and the Electronic Filing Rules of the Appellate Division are embodied in Part
							 1245 (Part 1245 of this Title). The Rules of Practice of the Appellate
							 Division, Third Judicial Department are intended to supplement the Practice
							 Rules of the Appellate Division. Where there is a conflict between this Part
							 and Parts 1250 and 1245 of this Title, this Part controls when practicing
							 within the Third Judicial Department.
(b)
Definitions.
All of the definitions contained in section
							 1250.1 of this Title are
							 incorporated herein unless otherwise indicated.
(c)
Court sessions.
Unless otherwise directed by the court, court
							 sessions shall commence at 1:00 p.m., except on Friday and the last session day
							 of a term, when they shall commence at 9:30 a.m. A term of court shall be
							 deemed to continue until the day on which the next term convenes, and the court
							 may reconvene at any time during recess.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.3 - Initial filings; active management of causes; settlement or mediation program

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Initial filings.The initial filings required in civil
							 appeals pursuant to section
							 1250.3(a) of this
							 Title shall not apply to appeals from the Unemployment Insurance Appeal Board
							 or the Workers' Compensation Board.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.4 - Motions

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
Motions or applications which include requests for interim relief.
(1) Notice. A party seeking relief as
						  provided in section
						  1250.4(b) of this
						  Title shall, in addition to the notice required by section
						  1250.4(b)(2) of
						  this Title, provide advance notice to the court of its intention to present the
						  application or order to show cause. To the extent practicable, the notice
						  required by section
						  1250.4(b)(2) of
						  this Title and by this section shall be accompanied by a copy of the papers the
						  party seeking relief intends to present to the court for filing. The affidavit
						  or affirmation of notice required by section
						  1250.4(b)(2) of
						  this Title shall state the manner in which the proposed filing was
						  served.
(2) Oral argument. Where
						  the notice required by paragraph (1) of this subdivision has been given, the
						  party seeking relief and/or the party opposing the relief sought may request
						  the opportunity to present argument to the justice to whom the application or
						  order to show cause will be presented, which request shall be determined in the
						  discretion of that justice.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.5 - Methods of perfecting causes

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Where perfection of a cause by the original record
							 method has been authorized by statute or order of the court, the appellant's
							 brief shall contain an appendix which shall be printed or otherwise reproduced
							 as provided in sections 1250.6 and
							 1250.7 of this
							 Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.7 - Form and content of records and appendices; exhibits

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
Exhibits.
Exhibits under a respondent's control or under the
							 control of a third person shall be filed either pursuant to a five-day written
							 demand served by the appellant upon a respondent or pursuant to a subpoena
duces tecum
issued in accordance with CPLR article 23. The
							 appellant shall also file with the brief proof of service of such a demand or
							 subpoena together with a list of all relevant exhibits.
(b)
Certification of record.
(1) Reproduced full record. A reproduced full
						  record shall be certified as provided in section
						  1250.7(g) of this
						  Title. Any dispute concerning the certification of the record or the contents
						  of a record so certified shall be directed to the court from which the appeal
						  is taken.
(2) Single copy of the
						  record. When the appendix method is used, in addition to the requirements of
						  section 1250.9(a)(2) of
						  this Title, the appellant is directed to file with the clerk of this court,
						  with proof of service of a copy upon each party to the appeal, one hard copy of
						  the complete record, accompanied by:
(i) a
						  stipulation in lieu of certification pursuant to CPLR 5532;
(ii) a certificate of the appellant's or
						  petitioner's attorney, pursuant to CPLR 2105, after giving each other party 20
						  days' notice and not having received any objections or proposed amendments to
						  the record, together with an attorney affirmation certifying compliance with
						  the requirements of this section; or
(iii) if the record is incapable of being
						  certified by either of those methods, an order settling the record by the court
						  from which the appeal is taken.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.9 - Time, number and manner of filing of records, appendices and briefs

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
Appellant's filing.
An appellant employing the appendix method pursuant
							 to section
							 1250.9(a)(2) of
							 this Title shall, in addition to the digital copy required by section
							 1250.9(a)(2)(ii)
							 of this Title, file with the court a hard copy of the complete
							 record.
(b)
Digital
						  submissions.
(1) Any document required
						  to be digitally filed pursuant to section
						  1250.9 of this Title shall comply
						  with the technical specifications for electronically filed documents set forth
						  in attachment A to the Electronic Filing Rules of the Appellate Division (Part
						  1245 of this Title) and shall be uploaded in a manner provided on this court's
						  website located at www.nycourts.gov/ad3.
(2) Documents filed electronically through
						  NYSCEF shall satisfy the digital filing requirements of section
						  1250.9 of this Title.
(3) Where a litigant or an attorney is exempt
						  from the digital filing requirement pursuant to section
						  1250.9(e) of this
						  Title, such litigant or attorney shall be required to file an additional
						  unbound hard copy of any document filed pursuant to section
						  1250.9(a), (c) or
						  (d) of this Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.10 - Dismissal of a matter

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Civil matters.In addition to those circumstances set
							 forth in section
							 1250.10(a) of
							 this Title, in the event that a petitioner fails to perfect an original special
							 proceeding within six months of the date of the service of the answer by
							 complying with the requirements of section
							 1250.13(c)(2) of
							 this Title, the matter shall be deemed dismissed without further
							 order.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.13 - Original special proceedings

Current through Register Vol. 46, No. 28,
						  July 10, 2024
All original special proceedings will be heard either
							 upon the reproduced full record method or appendix method. In all original
							 special proceedings, the appellant shall file an original and five copies of a
							 reproduced full record on review or one single copy of the record and an
							 original and five copies of an appendix. The record shall be stipulated to by
							 the parties and shall otherwise comply with section
							 1250.13 of this
							 Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.15 - Calendar preference; calendar notice; oral argument; post-argument submissions

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Unless otherwise permitted by the court, oral
							 argument shall not be allowed in the following cases:
(a) appeals from the Workers' Compensation
						  Board;
(b) appeals from the
						  Unemployment Insurance Appeal Board;
(c) appeals from judgments of conviction in
						  criminal cases challenging only the legality, propriety or excessiveness of the
						  sentence imposed;
(d) appeals in or
						  transfers of CPLR article 78 proceedings in which the sole issue raised is
						  whether there is substantial evidence to support the challenged determination;
						  and
(e) any other case in which the
						  court, in its discretion, determines that argument is not
						  warranted.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.16 - Decisions, orders and judgments; costs; remittitur; motions for reargument or leave to appeal to the Court of Appeals

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) The
						  orders, judgments, appointments, assignments and directions of the court shall
						  be signed by the presiding justice, the clerk of the court or a deputy clerk of
						  the court.
(b) Costs in workers'
						  compensation, unemployment insurance appeals and proceedings commenced in this
						  court shall be taxed by the clerk in accordance with CPLR
						  8403.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.17 - Fees of the clerk of the court

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
Fees.
In addition to the fees provided for in section
							 1250.17 of this Title, pursuant to
							 Judiciary Law section 265, the clerk of the court is entitled to receive for
							 and on behalf of the State:
(1) For a
						  large, embossed certificate attesting to admission as an attorney and counselor
						  at law, $25.
(2) For a printed
						  certificate attesting to admission, good standing and registration as an
						  attorney and counselor at law, $10.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 863 - Repealed › Section 863.1 to 863.2 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.1 - General provisions and definitions

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a)
Practice rules of the Appellate
						  Division.
This Part serves as a supplement to, and should be
							 read in conjunction with, the practice rules of the Appellate Division (Part
							 1250 of this Title) and the electronic filing rules of the Appellate Division
							 (Part 1245 of this Title). Where there is a conflict between this Part and
							 those rules, this Part controls when practicing within the Fourth Judicial
							 Department.
(b)
Sessions of the court.
The presiding justice shall designate by order the
							 terms of court and the clerk shall provide notice of designated terms to the
							 bar. Unless otherwise ordered by the presiding justice, the court shall convene
							 at 10:00 a.m. each day during a designated term.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.2 - Appeal defined; time limitations; perfection of appeals; responding and reply briefs

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) Appeal defined. For the purposes of
						  these rules the word appeal shall mean appeal or cross appeal, unless otherwise
						  indicated by text or context.
(b) Perfecting appeals generally.
						  Unless otherwise provided by statute, rule or order of this court or justice of
						  this court, all appeals shall be perfected pursuant to section
						  1000.3 of this Part within 60 days
						  of service on the opposing party of the notice of appeal. An appeal not
						  perfected within the 60- day period is subject to dismissal on motion pursuant
						  to section
						  1000.12(a) of
						  this Part. An appeal or cross appeal not perfected within nine months of
						  service of the notice of appeal is subject to dismissal without motion pursuant
						  to section
						  1000.12(b) of
						  this Part.
(c)
						  Perfecting appeals in which counsel has been assigned.
(1) Appeals taken pursuant to Family
						  Court Act. An appeal taken pursuant to the Family Court Act in which this court
						  has assigned counsel shall be perfected within 60 days of receipt of the
						  transcript of the proceedings upon which the order or judgment appealed from is
						  based, as provided in Family Court Act, section 121(7).
(2) Appeals taken pursuant to
						  Criminal Procedure Law. An appeal taken pursuant to the Criminal Procedure Law
						  in which this court has assigned counsel shall be perfected within 120 days of
						  receipt of the transcript of the proceedings upon which the judgment appealed
						  from is based, as provided in section
						  1021.1(a)(3) of
						  this Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.3 - Initial filings; active management of causes; settlement or mediation program

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a) The court does
						  not require the filing of an initial informational statement pursuant to
						  section 1250.3(a) of this
						  Title.
(b) The court does not have
						  a settlement or mediation program pursuant to section
						  1250.3(c) of this
						  Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.5 - Appeals taken pursuant to the Election Law

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) Original papers. Appeals in
						  proceedings brought pursuant to the Election Law shall be prosecuted upon one
						  original record that has been stipulated to by all counsel or settled by the
						  court from which the appeal is taken, and the original exhibits.
(b) Briefs and oral argument.
						  Appeals taken pursuant to the Election Law shall be accorded a preference
						  pursuant to Election Law, section 16-116. U pon notification by the appellant
						  that an appeal pursuant to the Election Law is to be perfected, the clerk shall
						  expeditiously calendar the appeal and issue a schedule for the filing and
						  service of the record and briefs. Appellant shall file 10 copies of a brief
						  with proof of service of one copy on each opposing party to the appeal. Each
						  respondent shall file and serve a like number of briefs.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.6 - Actions on submitted facts

Current through Register Vol. 46, No.
						  28, July 10, 2024
In an action submitted to this court
							 pursuant to CPLR 3222 and, unless otherwise ordered by this court, the agreed
							 statement of facts shall be printed or reproduced by any method authorized by
							 court rule. A copy of the statement required by CPLR 5531 shall be prefixed to
							 the papers constituting the submission. Appellant shall file the original
							 submission and 10 copies thereof along with 10 briefs and proof of service of
							 two copies of the submission and the brief on each opposing party, and shall
							 otherwise comply with the requirements of section
							 1000.3(b) of this
							 Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.7 - Form and content of records and appendices; exhibits

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a)
Proof of filing and service of
						  notice of appeal.
All records and appendices shall contain the notice
							 of appeal with proof of service and filing.
(b)
Certification of record or
						  appendix.
An original record shall be certified either
							 by:
(1) a certificate of the
						  appellant's attorney pursuant to CPLR 2105;
(2) a certificate of the proper clerk; or
(3) a stipulation in lieu of certification
						  pursuant to CPLR 5532 or, if the parties are unable to stipulate, an order
						  settling the record. Any dispute over a certification of the record or appendix
						  pursuant to section
						  1250.7(g) of this
						  Title or this subdivision, or the contents of a record or appendix so certified
						  shall be directed to the court from which the appeal is
						  taken.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.8 - Form and content of briefs

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
Cover color.
Except in those appeals in which permission to
							 proceed as a poor person has been granted, the cover of a hard copy brief of an
							 appellant or petitioner shall be blue; the cover of a hard copy brief of a
							 respondent shall be red; the cover of a hard copy reply brief shall be gray;
							 the cover of a hard copy surreply brief shall be yellow; and the cover of a
							 hard copy brief of an intervenor or
amicus curiae
shall be
							 green. The cover of a hard copy
pro se
supplemental brief in a
							 criminal appeal shall be white, as shall the cover of a hard copy brief
							 submitted by an attorney for the child. Covers of electronically-filed briefs
							 shall likewise be colored to the extent practicable.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.9 - Original proceedings

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Return date. Unless otherwise
						  required by statute or by order of this court or justice of this court,
						  original special proceedings commenced in this court shall be made returnable
						  at 10:00 a.m. on any Monday (or, if Monday is a legal holiday, the first
						  business day of the week), regardless of whether the court is in session. The
						  return date shall fall not less than 25 days after service of the notice of
						  petition and petition on each respondent.
(b) Necessary papers. Unless otherwise
						  directed by statute or by order of this court or justice of this court, a
						  petitioner shall file the original notice of petition and petition and 10
						  copies thereof and the filing fee as required by CPLR 8022. Each respondent
						  shall file and serve a like number of copies of an answer or other lawful
						  response.
(1) A party
						  commencing an original proceeding by order to show cause (see section
						  1000.13[b] of
						  this Part) shall, in advance, remit the filing fee as required by CPLR
						  8022.
(2) Proof of
						  service of two copies of the notice of petition and petition on each respondent
						  shall be filed not later than 15 days after the applicable statute of
						  limitations has expired (see CPLR 306-b).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.10 - Calendaring of appeals and proceedings

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) Scheduling order. After the
						  appellant has perfected the appeal, the clerk shall issue a scheduling order.
						  The order will specify the term of court for which the matter has been
						  scheduled and set a deadline for the service and filing of respondent's briefs
						  and reply briefs, if any. A proceeding shall be scheduled pursuant to section
						  1000.8 or
						  1000.9 of this Part, as
						  appropriate.
(b)
						  Respondent's brief; request for extension of time. A respondent on an appeal
						  must serve and file 10 copies of a brief on the deadline set by the clerk in
						  the scheduling order, which shall be 30 days from service on respondent of
						  appellant's brief. In a proceeding, a party shall file 10 copies of a brief as
						  set forth by the clerk in the scheduling order. When a respondent to an appeal
						  or a party to a proceeding is unable lo comply with a deadline, a motion for an
						  extension of time shall be filed and served prior to the expiration of the
						  deadline (see section
						  1000.13[h] of
						  this Part). When an extension of time to file and serve a brief has been
						  granted, a copy of the order granting such permission shall be filed with the
						  brief.
(c) Notice of
						  counsel's unavailability for oral argument. A party or his or her attorney
						  shall notify the clerk in writing within 15 days of the date that the
						  scheduling order was mailed of unavailability for oral argument on a specific
						  date or dates during the term.
(d) Expedited appeals or proceedings. A
						  party or his or her attorney may file and serve a motion to expedite an appeal
						  or proceeding. The motion must be made within 15 days of the date that the
						  scheduling order was mailed. The motion must be supported by an affidavit
						  setting forth with particularity the compelling circumstances requiring that
						  the appeal or proceeding be scheduled at the earliest available date (see
						  section 1000.13[m] of
						  this Part).
(e) Day
						  calendar. The clerk shall prepare calendars for each day of a court term by
						  designating for argument or submission appeals or proceedings that have been
						  perfected and scheduled. A notice to appear for oral argument will be mailed by
						  the clerk to all parties or their attorneys not less than 20 days prior to the
						  term. Counsel must appear as directed or submit on the brief.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.12 - Dismissal of appeals for failure to perfect

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) On motion. A motion to
						  dismiss for failure to perfect an appeal may be made pursuant to section
						  1000.13(e) of
						  this Part when an appellant has failed to perfect an appeal within 60 days of
						  service of the notice of appeal.
(b) Without motion. A civil appeal,
						  except an appeal taken pursuant to the Family Court Act in which this court has
						  assigned counsel, shall be deemed abandoned and dismissed, without the
						  necessity of an order or motion, when an appellant has failed to perfect an
						  appeal within nine months of service of the notice of appeal. A motion to
						  vacate such an abandonment and dismissal may be made pursuant to section
						  1000.13(g) of
						  this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.13 - Motions

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  General procedures.
(1) Return
						  date. Unless otherwise provided by statute or by order of this court or justice
						  of this court, a motion to this court shall be returnable at 10:00 a.m. on any
						  Monday (or, if Monday is a legal holiday, the first business day of the week),
						  regardless of whether the court is in session. A motion shall not be adjourned
						  except upon the written consent or stipulation of the moving party or by order
						  of this court.
(i) A motion
						  for permission to appeal shall be made returnable on a Monday (or, if Monday is
						  a legal holiday, the first business day of the week) at least eight days but
						  not more than 15 days after the notice of motion is served (see CPLR
						  5516).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.14 - Poor persons

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) Motion. A motion for permission to
						  proceed on appeal as a poor person and for assignment of counsel may be made by
						  any party pursuant to section
						  1000.13(a) of
						  this Part.
(1) Supporting
						  papers; all appeals. An affidavit in support of a motion for permission to
						  proceed on appeal as a poor person and for assignment of counsel shall set
						  forth the amount and sources of the movant's income; that the movant is unable
						  to pay the costs, fees and expenses necessary to prosecute or respond to the
						  appeal; and whether any other person is beneficially interested in any recovery
						  sought and, if so, whether every such person is unable to pay such costs, fees
						  and expenses (see CPLR 1101[a]; Judiciary Law, section 35 [1]; County Law,
						  section 722).
(2)
						  Supporting papers; civil appeals. In a civil appeal, an affidavit in support of
						  a motion for permission to proceed on appeal as a poor person shall also set
						  forth sufficient facts so that the merit of the contentions can be ascertained
						  (CPLR 1101[a]).
(i)
						  Exceptions. This subdivision has no application to appeals described in Family
						  Court Act, section 1120(a), SCPA 407(1) and Judiciary Law, section
						  35(1).
(3) Service on county attorney. A
						  motion for permission to proceed on appeal as a poor person and assignment of
						  counsel shall be served with sufficient notice on the county attorney in the
						  county from which the appeal arises (see CPLR 1101[c]).
(4) Certification in lieu of
						  motion. In appeals pursuant to the Family Court Act, in lieu of a motion, an
						  application for either permission to proceed as a poor person or for permission
						  to proceed as a poor person and assignment of counsel may be made by trial
						  counsel or the law guardian, as appropriate, by filing with the clerk a
						  certification of continued indigency and continued eligibility for assignment
						  of counsel pursuant to Family Court Act, section 1118. Counsel shall attach to
						  the certification a copy of the order from which the appeal is taken together
						  with the decision, if any, and a copy of the notice of appeal with proof of
						  service and filing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.15 - Lesser number of records

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Motion. A motion for permission to
						  perfect an appeal on less than the required number of records may be made by
						  any party pursuant to section
						  1000.13(a) of
						  this Part.
(b)
						  Supporting papers. An affidavit in support of a motion to perfect an appeal on
						  less than the required number of records shall comply with section
						  1000.14(a)(1) of
						  this Part.
(c)
						  Relief under motion. When a motion to perfect an appeal on less than the
						  required number of records has been granted, an appellant shall perfect the
						  appeal as set forth in section
						  1000.14(c)(2) of
						  this Part. A respondent shall comply with section
						  1000.14(e) of
						  this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.16 - Sanctions; signing of papers

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a) Sanctions. An attorney or party who
						  fails to comply with a rule or order of this court or who engages in frivolous
						  conduct as defined in section
						  130-1.1(c) of
						  this Title shall be subject to such sanction as the court may, in its
						  discretion, impose. The imposition of sanctions or costs may be made upon
						  motion or upon the court's own initiative, after a reasonable opportunity to be
						  heard. The court may award costs or impose sanctions upon a written decision
						  setting forth the conduct on which the award of costs or imposition of
						  sanctions is made and the reasons for the determination that such an award or
						  sanction is appropriate.
(b) Signing of papers. In a civil
						  appeal or proceeding, except in an appeal arising from a proceeding commenced
						  pursuant to Family Court Act, article 3, 7, 8 or 10, the original of every
						  paper submitted for filing with the clerk of this court shall be signed in ink
						  by an attorney or, when a party is not represented by an attorney, a party in
						  accordance with section
						  130-1.1a of this Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.17 - Electronic filing

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a)
Entry
						  of initial information for electronic filing.
(1) Application for assigned counsel.
When the appellant seeks the assignment of counsel to
							 prosecute an appeal, the entry of initial information for electronic filing
							 pursuant to section
							 1245.3(a) of this
							 Title shall not be required until the court issues an order with respect to an
							 application for the assignment of counsel. Where the court issues an order
							 assigning counsel, the entry of initial information, to the extent not
							 previously accomplished, shall be completed within 14 days of the date of the
							 order. Where an application for the assignment of counsel is denied, the
							 appellant shall be deemed exempt from e-filing and the matter shall be
							 perfected in hard copy, unless the appellant chooses to voluntarily participate
							 in e-filing pursuant to section
							 1245.4(d) of this
							 Title or engages counsel to prosecute the appeal who is not an exempt
							 attorney.
(2) Engagement of
						  counsel.
Where the appellant engages counsel to prosecute an
							 appeal who is not an exempt attorney, the entry of initial information for
							 electronic filing pursuant to section
							 1245.3(a) of this
							 Title, to the extent not previously accomplished, shall be completed within 14
							 days of the date upon which appellate counsel was engaged.
(3) Initial information.
Except as otherwise provided, no submission will be
							 accepted in a case subject to mandatory e-filing prior to the entry of initial
							 information and service of notification of the docket number pursuant to
							 section 1245.3 of this
							 Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.18 - Withdrawal of motion, appeal or proceeding; settlement of appeal or proceeding or issue therein

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) Motion. A motion may be withdrawn
						  at any time prior to its return date upon the written request of the moving
						  party.
(b) Appeal or
						  proceeding. An appeal or proceeding may be withdrawn and discontinued at any
						  time prior to its determination only upon the filing with this court of a
						  written stipulation of discontinuance, which must be signed by the parties or
						  their attorneys and, in criminal appeals and appeals in which counsel has been
						  assigned, by the appellant personally. When an appeal or proceeding is
						  withdrawn or discontinued, the court shall be promptly notified.
(c) Settlement of appeal or
						  proceeding or issue therein. The parties or their attorneys shall promptly
						  notify the court when there is a settlement of an appeal or proceeding or any
						  issue therein or when an appeal or proceeding or any issue therein has been
						  rendered moot.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.1 - Application

Current through Register Vol. 46, No. 28, July 10,
						  2024
These rules apply to all attorneys who are admitted
							 to practice in, reside in, practice law in, or who have an office in the Fourth
							 Judicial Department, or who otherwise engage in conduct covered by these rules
							 within the Fourth Judicial Department, including an attorney admitted to
							 practice
pro hac vice
within the Fourth Judicial Department or
							 an attorney who in any way participates in an action or proceeding
							 therein.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.2 - Confidential nature of statements

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) All statements filed pursuant to sections
						  1022.2 and
						  1022.3 of this Title and the
						  contents thereof shall be available to only those individuals designated by
						  written order of a Justice of the Appellate Division.
(b) The Office of Court Administration shall
						  microfilm all such statements and shall thereafter destroy the originals.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.3 - Filing of statements pursuant to Business Corporation Law section 1514

Current through Register Vol. 46, No. 28, July 10,
						  2024
A professional service corporation organized for the
							 purpose of practicing law pursuant to the Business Corporation Law, article 15
							 that has its principal office located in the Fourth Judicial Department shall
							 file with this department on or before July 1st every three years a statement
							 listing the name and residence address of each shareholder, director and
							 officer of the corporation and certifying that all such individuals are duly
							 authorized to practice law in this State. The statement shall be signed by the
							 president or any vice-president of the corporation and attested to by the
							 secretary or any assistant secretary of the corporation.