New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 2 - Appellate Term › Part 640 - Rules Of Practice › Section 640.6 - Time within which to perfect appeal; calendar of pending appeals; dismissals

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						Appeals from the Civil Court.
(1) Appellant shall procure the clerk's
						return pursuant to section
						1704 of the New York City Civil Court Act
						to be filed within 30 days after the filing of the notice of appeal.
(2) Fifteen days before the
						first day of each term, the clerk of the Appellate Term shall cause a calendar
						to be published in the New York Law Journal of all appeals in which the clerk's
						return has been filed since the last publication of such a calendar. The
						appeals shall be listed in the order that the returns are received and the date
						each return was filed shall be stated. The publication of the calendar shall
						serve as notice to the parties of the filing of the return.
(3) Within 60 days after the
						filing of the return either party may notice the appeal for argument:
(i) If noticed by appellant,
						the appellant shall file a notice of argument at least 53 days before the first
						day of the term for which the appeal shall have been noticed, together with the
						following: proof of service thereof; five copies of the record or appendix with
						proof of service of one copy, if the appeal is to be heard on copies of the
						record or appendix; five copies of appellant's brief with proof of service of
						one copy; and such exhibits or copies thereof as are not included in the record
						or return, unless such exhibits are in the possession of the respondent. At
						least 31 days before the beginning of the term, respondent shall file five
						copies of the answering brief with proof of service of one copy and such
						exhibits or copies thereof not required to be filed by appellant. Five copies
						of a reply brief with proof of service of one copy may be filed at least 24
						days before the first day of the term for which the appeal shall have been
						noticed.
(ii) The
						respondent may notice the appeal for argument by serving and filing a notice of
						argument at least 68 days before the first day of the term for which respondent
						shall notice the appeal with proof of service. At least 53 days before the
						first day of the term, unless the court otherwise directs, appellant shall file
						five copies of appellant's brief with proof of service of one copy of the
						brief. Where appellant so files, respondent may serve and file an answering
						brief at least 31 days before the first day of the term. If appellant fails to
						serve and file the brief and fails to appear on the call of the calendar, the
						court may affirm the judgment or order appealed from or, in its discretion,
						dismiss the appeal with costs upon the call of the calendar. Five copies of a
						reply brief with proof of service of one copy may be filed 24 days before the
						first day of such term.
(iii) If neither party notices the
						appeal for argument within the time prescribed by this section, the appeal
						shall be dismissed unless for good cause shown an enlargement of time is
						granted by the court.