New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 2 - Appellate Term › Part 731 - Rules of Practice for the Appellate Terms › Section 731.10 - Leave to appeal to the Appellate Term

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) Applications to a justice of the
						Appellate Term for leave to appeal pursuant to the provisions of CPLR 5701(c)
						and CCA 1702(c) shall be made on notice within the time prescribed by CPLR
						5513(b).
(b) The
						papers in support of such application must contain a copy of the opinion, if
						any, and a concise statement of the grounds of alleged error, and shall show
						whether a similar application was made in the court below.
(c) Applications for
						certificates or orders granting leave to appeal under the Criminal Procedure
						Law (C PL 450.15, 460.15) shall be governed by the following special rules:
(1) The application shall be
						in writing and shall be made and filed with the clerk of this court (with proof
						of service upon the district attorney or any other prosecutor who appeared for
						the People in the criminal court in which the order sought to be reviewed was
						rendered) within 30 days after service upon the applicant of a copy of the
						order.
(2) The
						application shall be addressed to the court for assignment to a justice and
						shall include:
(i) the name
						and address of the applicant and the name and address of the district attorney
						or other prosecutor, as the case may be;
(ii) the docket or index
						number;
(iii) the
						questions of law or fact which it is claimed ought to be reviewed;
(iv) any other information,
						data, or matter which the applicant may deem pertinent in support of the
						application; and
(v)
						a statement that no prior application for such certificate has been
						made.
(3)
						In addition, the papers in support of the application shall include a copy of
						the order sought to be reviewed and a copy of the memorandum or opinion of the
						court below or a statement that there was none.
(4) Within 15 days after
						service upon him of a copy of the application and of the papers, if any, in
						support thereof, the district attorney or other prosecutor (as the case may be)
						shall file answering papers or a statement that there is no opposition to the
						application (with proof of service upon the applicant, if appearing pro se, or
						upon the attorney making the application on behalf of the applicant). Such
						answering papers shall include a discussion of the merits of the application or
						shall state, if such be the case, that the application does not contain any
						allegations other than those alleged in the papers submitted by the applicant
						in the court below and that the prosecutor relies on the record, his answering
						papers contained therein and the memorandum or opinion of such court, if there
						be any.
(5) Unless
						the justice designated to determine the application shall in his discretion
						otherwise direct, the matter shall be submitted and determined upon the
						foregoing papers and without oral argument.