reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1240 - Rules for Attorney Disciplinary Matters › Section 1240.27 - Appendix C

Current through Register Vol. 46, No. 28, July 10,
					 2024
Application for Reinstatement to the Bar After Disbarment
						or Suspension for More Than Six Months
INSTRUCTIONS
An application pursuant to section
						1240.16(a) and
						(b) of these Rules for reinstatement to the
						bar after disbarment or suspension from practice for more than six months shall
						comply with the following requirements:
(1) The application shall be made in the form
					 of a motion.
(2) The moving papers
					 shall bear the caption and the docket number, if any, of the proceeding
					 resulting in the respondent's disbarment or suspension.
(3) The motion shall be made on notice to the
					 Committee that was the petitioner in the proceeding leading to the respondent's
					 disbarment or suspension and to the Lawyers' Fund for Client
					 Protection.
(4) The motion shall be
					 made, noticed, and filed in accordance with the rules of practice of the Court.
					 Payment of the fee required by CPLR 8022(b) shall accompany the filing of the
					 motion papers, unless the movant is exempt from payment thereof pursuant to
					 CPLR 1102.
(5) The motion shall be
					 supported by the affidavit of the respondent, subscribed and sworn to before a
					 notary public or other person authorized to administer an oath.
(6) The supporting affidavit shall be worded
					 and numbered as set forth below.
(7) In completing the supporting affidavit,
					 the respondent should not omit any passages.
(8) The application may be supplemented by
					 the affidavits or affirmations of counsel and character witnesses, and with
					 additional appropriate exhibits.
(9) Place the moving papers in the following
					 order:
a. the notice of motion;
b. the respondent's form affidavit;
c. the exhibits supporting that form
					 affidavit;
d. any additional
					 supporting affidavits or affirmations and exhibits thereto; and
e. affidavits reflecting service of the
					 moving papers upon the Chief Attorney of the appropriate Committee and the
					 Lawyers' Fund for Client Protection.
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New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1240 - Rules for Attorney Disciplinary Matters › Section 1240.28 - Appendix D

Current through Register Vol. 46, No. 28, July 10,
					 2024
Application for Reinstatement to the Bar After Suspension
						for Six Months or Less
INSTRUCTIONS
An application pursuant to section
						1240.16(d) of
						these Rules for reinstatement to the bar after suspension from practice for six
						months or less shall comply with the following requirements:
(1) The application shall be made in the form
					 of a motion.
(2) The moving papers
					 shall bear the caption and the docket number, if any, of the proceeding
					 resulting in the respondent's suspension.
(3) The motion shall be made on notice to the
					 Committee that was the petitioner in the proceeding leading to the respondent's
					 suspension and to the Lawyers' Fund for Client Protection.
(4) The motion shall be made, noticed, and
					 filed in accordance with the rules of practice of the Court. Payment of the fee
					 required by CPLR 8022(b) shall accompany the filing of the motion papers,
					 unless the movant is exempt from payment thereof pursuant to CPLR
					 1102.
(5) The motion shall be
					 supported by the affidavit of the respondent, subscribed and sworn to before a
					 notary public or other person authorized to administer an oath.
(6) The supporting affidavit shall be worded
					 and numbered as set forth below.
(7) In completing the supporting affidavit,
					 the respondent should not omit inapplicable passages.
(8) The application may be supplemented by
					 the affidavits or affirmations of counsel and character witnesses, and with
					 additional appropriate exhibits.
(9) Place the moving papers in the following
					 order:
a. the notice of motion;
b. the respondent's form affidavit;
c. the exhibits supporting that form
					 affidavit;
d. any additional
					 supporting affidavits or affirmations and exhibits thereto; and
e. affidavits reflecting service of the
					 moving papers upon the Chief Attorney of the appropriate Committee and the
					 Lawyers' Fund for Client Protection.
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New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1240 - Rules for Attorney Disciplinary Matters › Section 1240.29 - Appendix E

Current through Register Vol. 46, No. 28, July 10,
					 2024
Affidavit in Support of Application To Resign For
						Non-Disciplinary Reasons
INSTRUCTIONS
An application pursuant to section
						1240.22(a) of
						these Rules to resign as an attorney and counselor-at-law for non-disciplinary
						reasons shall comply with the following requirements:
(1) The application shall be submitted in
					 affidavit form, subscribed and sworn to before a notary public or other person
					 authorized to administer an oath, and shall be worded and numbered as set forth
					 below.
(2) In completing the
					 affidavit, the respondent should not omit inapplicable passages.
(3) Place the moving papers in the following
					 order:
a. The attorney's form
					 affidavit;
b. The exhibits
					 supporting that form affidavit; and
c. Affidavits reflecting service of the
					 application upon the Chief Attorney of the appropriate Committee and the
					 Lawyers' Fund for Client Protection.
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New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1240 - Rules for Attorney Disciplinary Matters › Section 1240.30 - Appendix F

Current through Register Vol. 46, No. 28, July 10,
					 2024
Affidavit in Support of Application for Reinstatement to
						the Bar After Non-Disciplinary Resignation
INSTRUCTIONS
An affidvait submitted in support of an application
						pursuant to section
						1240.22(b) of
						these Rules for reinstatement to the bar after a non-disciplinary resignation
						shall comply with the following requirements:
(1) The affidavit shall bear the caption and
					 the docket number, if any, of the prior order granting the attorney leave to
					 resign from the bar and removing the attorney's name from the roll of
					 attorneys.
(2) The motion shall be
					 submitted on notice to the Committee in the judicial district in which the
					 attorney last maintained an office for the practice of law, or if none, to the
					 Committee in the judicial district in which the attorney resided when admitted
					 to practice.
(3) The affidavit
					 shall be subscribed and sworn to, and shall be worded and numbered as set forth
					 below.
(4) In completing the
					 affidavit, the attorney should not omit inapplicable passages.
(5) The application may be supplemented by
					 the affidavits or affirmations of counsel and character witnesses, and with
					 additional appropriate exhibits.
(6) Place the application papers in the
					 following order:
a. The affidavit;
b. The exhibits supporting that form
					 affidavit;
c. Any additional
					 supporting affidavits or affirmations and exhibits thereto; and
d. An affidavit reflecting service upon the
					 Chief Attorney of the appropriate Committee.
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New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
For purposes of this section:
(a) The term "NYSCEF" shall
					 mean the New York State Courts Electronic Filing System, and the "NYSCEF site"
					 shall mean the New York State Courts Electronic Filing System website located
					 at
www.nycourts.gov/efile
.
(b) The phrase "authorized
					 e-filer" shall mean a person who has registered as an authorized e-filing user
					 with the NYSCEF system pursuant to 22 NYCRR 202.5-b(c).
(c) Any reference to the
					 "court" or the "Appellate Division" means the Appellate Division of the Supreme
					 Court of the State of New York for the Judicial Department having jurisdiction
					 over the cause or matter; any reference to the "clerk" means the clerk of that
					 court or a designee, unless the context of usage indicates the clerk of another
					 court.
(d) The word
					 "cause" or "matter" includes an appeal, a special proceeding transferred to the
					 Appellate Division pursuant to CPLR 7804(g), a special proceeding initiated in
					 the Appellate Division, and an action submitted to the Appellate Division
					 pursuant to CPLR 3222 on a case containing an agreed statement of facts upon
					 which the controversy depends.
(e) The word "document" shall mean a
					 brief, motion, application, record, appendix, or any other paper relating to a
					 cause or matter. "Document" shall not include correspondence, other than letter
					 applications.
(f)
					 The phrase "electronically file" or "e-file" shall mean the filing and service
					 of a document in a cause or matter by electronic means through the NYSCEF
					 site.
(g) The phrase
					 "hard copy" shall mean a document in paper format.
(h) The phrase "exempt
					 litigant" or "exempt attorney" shall mean, respectively, an individual or
					 attorney who is exempt from e-filing pursuant to section
					 1245.4 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.2 - Designation of Case Types Subject to E-filing

Current through
					 Register Vol. 46, No. 28, July 10, 2024
The court may designate e-filing in such
						cases and case types as it deems appropriate.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.3 - Entry of Initial Information for Electronic Filing

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) Appeals or Transferred
					 Matters - Entry of Contact Information. In any appeal or transferred proceeding
					 of a type designated by the Appellate Division for e-filing, counsel for the
					 appellant or the petitioner, unless an exempt attorney, shall within 14 days of
					 filing of a notice of appeal, or entry of an order granting leave to appeal, or
					 entry of an order transferring a matter to the Appellate Division:
(1) register or confirm
					 registration as an authorized e-filer with NYSCEF; and
(2) enter electronically in
					 NYSCEF such information about the cause and parties, and e-file such documents,
					 as the court shall require.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.4 - Exemptions of Certain Persons from Electronic Filing

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Personal Exemptions. The
					 following persons are exempt from e-filing, and shall file, serve and be served
					 in hard copy:
(1) "exempt
					 litigants," who shall be unrepresented litigants other than litigants who
					 voluntarily participate in e-filing as set forth in subdivision (d);
					 and
(2) "exempt
					 attorneys," who shall be attorneys who certify in good faith, on a form
					 provided by the Appellate Division, that they lack either (i) the computer
					 hardware and/or connection to the internet and/or scanner or other device by
					 which documents may be converted to an electronic format; or (ii) the requisite
					 knowledge in the operation of such computers and/or scanners necessary to
					 participate, pursuant to CPLR 2111(b)(3)(A) or (B). Such certification shall be
					 served on all parties and filed with the court in hard copy.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.5 - Electronic Filing and Service

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) All authorized e-filers who have
					 entered information for a particular cause as set forth in sections
					 1245.3(a), (c) or
					 (d) or
					 1245.4(d) of this
					 Part shall thereafter e-file and be served electronically in that
					 matter.
(b) Prior to
					 the expiration of the 20-day period for entry of information described in
					 section 1245.3(d) of this
					 Part, filing and service of documents by, and service upon, parties who have
					 not entered such information shall be in hard copy.
(c) Upon expiration of the
					 20-day period for entry of information described in section
					 1245.3(d) of this
					 Part, service and filing by and upon all parties other than exempt attorneys
					 and exempt litigants shall be by e-filing. Thereafter, an attorney who has
					 neither entered information nor given notice as an exempt attorney pursuant to
					 section 1245.4(a)(2) of
					 this Part shall be deemed served with any e-filed document.
(d) At all times, service by
					 and upon, and filing by, exempt attorneys and exempt litigants shall be in hard
					 copy. E-filers shall e-file proof of any service made in hard copy.
(e) Site Instructions.
					 Technical instructions for e-filing documents shall be set forth on the NYSCEF
					 site (
www.nycourts.gov/efile
).
(f) Formatting. In addition to
					 compliance with the court's general rules for document formatting, e-filed
					 documents filed pursuant to this Part shall comply with the formatting
					 requirements set forth in attachment A.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.6 - Hard Copy Filing and Service

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) Filing of Additional Hard Copies.
(1) Unless otherwise directed
					 by the court, authorized e-filers shall, in addition to submitting electronic
					 filings, file hard copies of documents as follows:
(i) appellate briefs, records,
					 appendices, agreed statements in lieu of record: one original and five
					 copies.
(ii) papers
					 in original proceedings, transferred proceedings, motions, applications: such
					 number as required by court rule in matters not subject to e-filing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.7 - Timeliness of Filing and Service; Rejection by Clerk

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Filing of E-filed
					 documents. For purposes of timeliness under a statute or court rule or
					 directive, an e-filed document is deemed filed when:
(1) the document has been
					 electronically transmitted to the NYSCEF site; and
(2) the appropriate fee, if
					 any, has been paid to the court either through the NYSCEF site or, where
					 permitted, by delivery to the office of the Clerk.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.8 - Confidentiality; Sealed Documents; Redaction

Current through Register
					 Vol. 46, No. 28, July 10, 2024
E-filed matters deemed confidential by
						statute or court directive, as well as sealed documents or documents that are
						the subject of an application to seal in an e-filed matter, shall be filed and
						maintained on the NYSCEF site in a manner that precludes viewing by the public
						and such other persons as the case may require. In all matters, authorized
						e-filers shall attest to compliance with statutory redaction requirements
						(e.g., General Business Law § 399-d dd) and relevant sealing requirements
						in filings.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.9 - Authorized Record; Scanning of Documents by Clerk

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) The court may deem
					 documents e-filed or uploaded by the parties to be the official record of a
					 cause or matter.
(b)
					 The clerk may scan and upload hard copy filings in a cause, and may deem such
					 uploaded documents to be the official record copy of the filing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.10 - Rejection of Non-Compliant Documents; Modification of Electronic Filing Procedures

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Rejection of Documents. The clerk
					 may refuse to accept for filing or e-filing any document that does not comply
					 with this Part or any applicable statute, rule or order, or is otherwise
					 unsuitable for filing, and may direct that the document be refiled.
(b) Modification of
					 Procedures. The court or its designee may at any time modify or discontinue
					 e-filing in a matter for good cause shown.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Section 1245.11 - Attachment A

Current through Register Vol. 46, No. 28, July 10,
					 2024
Formatting Requirements for Documents Electronically
						Filed
(1)
General.
In addition to compliance with the court's general rules
						for document formatting, e-filed documents filed pursuant to this Part
						shall:
(a) be identical in content to
					 the hard copy;
(b) comply with text
					 searchable PDF archival format (PDF/A);
(c) contain bookmarks linking the tables of
					 contents of briefs and records to the corresponding page of the
					 document;
(d) be paginated to
					 correspond to the hard copy; and
(e) be scanned at a resolution sufficient to
					 ensure legibility.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1245 - Electronic Filing Rules of the Appellate Division › Attachment A - Formatting Requirements for Documents Electronically Filed

Current through Register Vol. 46, No. 28, July 10,
					 2024
1.
					 General. In addition to compliance with the court's general rules for document
					 formatting, e-filed documents filed pursuant to this Part shall
a. be identical in content to
					 the hard copy;
b.
					 comply with text searchable PDF archival format (PDF/A);
c. contain bookmarks linking
					 the tables of contents of briefs and records to the corresponding page of the
					 document;
d. be
					 paginated to correspond to the hard copy; and
e. be scanned at a resolution
					 sufficient to ensure legibility.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.1 - General Provisions and Definitions

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Unless the context requires
					 otherwise, as used in this Part:
(1) The word "cause" or "matter"
					 includes an appeal, a special proceeding transferred to the Appellate Division
					 pursuant to CPLR 7804(g), a special proceeding initiated in the Appellate
					 Division, and an action submitted to the Appellate Division pursuant to CPLR
					 3222 on a case containing an agreed statement of facts upon which the
					 controversy depends.
(2) Any reference to the "court" or the
					 "Appellate Division" means the Appellate Division of the Supreme Court of the
					 State of New York for the Judicial Department having jurisdiction over the
					 cause or matter; any reference to a "justice" means a justice of that court;
					 any reference to the "clerk" means the clerk of that court or a designee,
					 unless the context of usage indicates the clerk of another court.
(3) Wherever reference is made
					 to a "judgment," "order" or "determination," it shall also be deemed to include
					 a sentence.
(4) The
					 word "consolidation" refers to the combining of two or more causes arising out
					 of the same action or proceeding in one record or appendix and one brief.
(5) The phrase
					 "cross appeal" refers to an appeal taken by a party whose interests are adverse
					 to a party who previously appealed from the same order or judgment as relates
					 to that appeal and cross appeal.
(6) The word "concurrent," when used to
					 describe appeals, shall refer to those appeals which have been taken separately
					 from the same order or judgment by parties whose interests are not adverse to
					 one another as relates to those appeals.
(7) The word "appellant" shall refer to
					 the party required to file the initial brief to the court in a cause or matter,
					 including an appellant, a petitioner, an appellant-respondent and similar
					 parties.
(8) The
					 term "NYSCEF" shall mean the New York State Courts Electronic Filing System and
					 the "NYSCEF site" shall mean the New York State Courts Electronic Filing System
					 website located at
www.nycourts.gov/efile
.
(9) The phrase "filed electronically,"
					 when used to describe submissions to a court, shall refer to documents that
					 have been filed by electronic means through the NYSCEF site.
(10) The phrase "electronic
					 means" shall mean any method of transmission of information between computers
					 or other machines, other than facsimile machines.
(11) The phrase "hard copy"
					 shall mean a document in paper format.
(12) The phrase "digital copy" shall
					 mean a document in text-searchable portable document format and otherwise
					 compliant with the technical requirements established by the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.2 - Settlement or Withdrawal of Motion, Appeal or Proceeding; Notice of Change in Circumstances

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) Withdrawal of Motion. A moving
					 party may file a written request to withdraw a motion at any time prior to its
					 determination.
(b)
					 Withdrawal or Discontinuance of Appeal or Proceeding.
(1) Unperfected appeals, or proceedings
					 where issue has not been joined, may be withdrawn and discontinued by letter
					 application to the court, with service on all parties.
(2) An appeal that has been
					 perfected or a proceeding where issue has been joined may be withdrawn and
					 discontinued by leave of the court upon the filing with the court of a written
					 stipulation of discontinuance signed by the parties or their attorneys and, in
					 criminal appeals, by the appellant personally. Absent such a stipulation, an
					 appellant may move for permission to withdraw such an appeal or proceeding. An
					 appeal that has been perfected in the Second Judicial Department and in which
					 no respondent's brief has been filed may be withdrawn by letter application to
					 the court, with service on all parties.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.3 - Initial Filings; Active Management of Causes; Settlement or Mediation Program

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Initial Filings. Unless the court
					 shall direct otherwise, in all civil matters counsel for the appellant or the
					 petitioner shall file with the clerk of the court of original instance and
					 serve on all parties, together with the notice of appeal or transfer order and
					 the order or judgment appealed from, an initial informational statement on a
					 form approved by the court and in such number as the court may direct. The
					 clerk of the court from which the appeal is taken shall promptly transmit to
					 the Appellate Division the informational statement and a copy of the notice of
					 appeal or order granting leave or transferal and the order or judgment appealed
					 from.
(b) Active
					 Management. The court may direct that any matter be actively managed and may
					 set forth a scheduling order specifying the time and manner of expedited
					 briefing.
(c)
					 Settlement or Mediation Program.
(1) The court may issue a notice in any
					 settlement or mediation program directing the attorneys for the parties, the
					 parties themselves (unless the court excuses a party's personal presence), and
					 such additional parties in interest as the court may direct to attend a
					 conference before such person as it may designate to consider settlement, the
					 limitation of issues and any other matter that such person determines may aid
					 in the disposition of the appeal or resolution of the action or proceeding.
					 Attorneys and representatives who appear must be fully familiar with the action
					 or proceeding, and must be authorized to make binding stipulations or
					 commitments on behalf of the party represented.
(2) Counsel to any party may
					 apply to the court by letter at any time requesting such a conference. The
					 application shall include a brief statement indicating why a conference would
					 be appropriate.
(3)
					 Upon the failure of any party, representative or counsel to appear for or
					 participate in a settlement or mediation conference, or to comply with the
					 terms of a stipulation or order entered following such a conference, the party
					 or counsel may be subject to sanctions.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.4 - Motions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 General
(1) Day and time
					 returnable. Unless otherwise required by statute, rule or order of the court or
					 any justice thereof, every motion and every proceeding initiated in the 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), and on such other days as the
					 court may direct.
(2) Commencement; filing. All motions
					 initiated by notice of motion shall be filed with the clerk at least one week
					 before the return date. The originals of all such submissions shall be filed,
					 together with proof of service upon all parties entitled to notice. Motions by
					 any other method shall be as directed by the court or a justice thereof.
(3) The submissions
					 in support of every motion made before the appeal is determined shall include a
					 copy of the order, judgment or determination sought to be reviewed, the
					 decision, if any, and the notice of appeal or othe document which first invoked
					 the jurisdiction of the court, with proof of filing.
(4) Notice and service of
					 documents. Unless otherwise directed by the court, a motion shall be served
					 with sufficient notice to all parties as prescribed by CPLR 2214(b) and in a
					 manner set forth in CPLR 2103. In computing the notice period, the date upon
					 which service is made shall not be included.
(5) Answering and reply documents, if
					 any, shall be served within the time prescribed by CPLR 2214(b) or directed by
					 a justice of the court. The originals thereof with proof of service shall be
					 filed by 4:00 p.m. of the business day preceding the day on which the motion is
					 returnable, unless, for good cause shown, they are permitted to be filed at a
					 later time.
(6)
					 Cross motions. Cross motions shall be made returnable on the same date as the
					 original motion. A cross motion shall be served, either personally, by
					 overnight delivery service or by electronic means, and filed at least three
					 business days before the return date.
(7) Motions shall be deemed submitted
					 on the return date, and no further documents shall be accepted for filing
					 without leave of the court upon written application.
(8) Oral argument. Oral
					 argument of motions is not permitted.
(9) One adjournment, for a period of 7
					 or14 days, shall be permitted upon written consent of the parties to the
					 appeal, filed no later than 10:00 a.m. on the return date.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.5 - Methods of Perfecting Causes

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) Unless the court directs that a
					 cause be perfected in a particular manner, an appellant may elect to perfect a
					 cause by the reproduced full record method (CPLR 5528[a][5]); by the appendix
					 method (CPLR 5528[a][5]); by the agreed statement in lieu of record method
					 (CPLR 5527); or, where authorized by statute or this Part or order of the
					 court, on the original record.
(b) Reproduced Full Record Method. If
					 the appellant elects to proceed on a reproduced full record on appeal, the
					 record shall be printed or otherwise reproduced as provided in sections 1250.6
					 and 1250.7 of this Part.
(c) Appendix Method. If the
					 appellant elects to proceed by the appendix method, the appendix shall be
					 printed or otherwise reproduced as provided in sections
					 1250.6 and
					 1250.7 of this Part.
(d) Agreed Statement in Lieu
					 of Record Method. If the appellant elects to proceed by the agreed statement in
					 lieu of record method, the statement shall be reproduced as a joint appendix as
					 provided in sections
					 1250.6 and
					 1250.7 of this Part. The statement
					 required by CPLR 553l shall be appended.
(e) Original Record. In the First,
					 Second and Fourth Judicial Departments, the following causes may be perfected
					 upon the original record, including a properly settled transcript of the trial
					 or hearing, if any:
(1)
					 appeals from the Family Court;
(2) appeals under the Election Law;
(3) appeals under
					 the Human Rights Law (Executive Law § 298);
(4) proceedings transferred to
					 the court pursuant to CPLR 7804(g)
(5) appeals where the sole issue is
					 compensation of a judicial appointee;
(6) appeals under Correction Law
					 §§ 168-d(3) and 168-n(3);
(7) appeals of criminal causes;
(8) appeals from
					 the Appellate Term, where the matter was perfected on an original record at the
					 Appellate Term;
(9)
					 other causes where an original record is authorized by statute; and
(10) causes where permission
					 to proceed upon the original record has been authorized by the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.6 - Reproduction of Records, Appendices and Briefs

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Compliance with the CPLR.
					 Briefs, appendices and reproduced full records shall comply with the
					 requirements of CPLR 5528 and 5529, and reproduced full records shall, in
					 addition, comply with the requirements of CPLR 5526.
(b) Method of Reproduction.
					 Briefs, records and appendices shall be reproduced by any method that produces
					 a permanent, legible, black image on white paper or its digital equivalent. Use
					 of recycled paper and reproduction on both sides of the paper is encouraged for
					 hard copy filings and submissions.
(c) Paper Quality, Size and Binding.
					 Paper shall be of a quality approved by the chief administrator of the courts
					 and shall be opaque, unglazed, white in color and measure 11 inches along the
					 bound edge by 81/2 inches. Records, appendices and briefs shall be bound on the
					 left side in a manner that shall keep all the pages securely together; however,
					 binding by use of any metal fastener or similar hard material that protrudes or
					 presents a bulky surface or sharp edge is prohibited. Records and appendices
					 shall be divided into volumes not to exceed two inches in thickness.
(d) Designation of Parties.
					 The parties to all appeals shall be designated in the record and briefs by
					 adding the word ''Appellant,'' ''Respondent,'' etc., as the case may be,
					 following the party's name, e.g., ''Plaintiff-Respondent,''
					 ''Defendant-Appellant,'' ''Petitioner-Appellant,'' ''Respondent-Respondent,''
					 etc. Parties who have not appealed and against whom the appeal has not been
					 taken shall be listed separately and designated as they were in the trial
					 court, e.g., ''Plaintiff,'' ''Defendant,'' ''Petitioner,'' ''Respondent.'' In
					 appeals from the Surrogate's Court or from judgments on trust accountings, the
					 caption shall contain the title used in the trial court including the name of
					 the decedent or grantor, followed by a listing of all parties to the appeal,
					 properly designated. In causes originating in the Appellate Division, the
					 parties shall be designated ''Petitioner'' and ''Respondent'' or ''Plaintiff''
					 and ''Defendant.''
(e) Docket Number. The cover of all
					 records, briefs and appendices shall display the appellate division docket
					 number assigned to the cause, or such other identifying number as the court
					 shall direct, in the upper right-hand portion opposite the title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.7 - Form and Content of Records and Appendices; Exhibits

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) Format. Records and
					 appendices shall be consecutively paginated and shall include accurate
					 reproductions of the submissions made to the court of original instance,
					 formatted in accordance with the practice in that court. Reproductions may be
					 slightly reduced in size to fit the page and to accommodate the page headings
					 required by CPLR 5529(c), provided, however, that such reduction does not
					 significantly impair readability.
(b) Reproduced Full Record. The
					 reproduced full record shall be bound separately from the brief, shall include
					 the items set forth in CPLR 5526, and shall include in the following order so
					 much of the following items as shall be applicable to the particular cause:
(1) A cover which shall
					 contain the title of the cause on the upper portion, and, on the lower portion,
					 the names, addresses, telephone numbers and email addresses of the attorneys,
					 the county clerk's index or file number, the docket or other identifying number
					 or numbers used in the court from which the appeal is taken, and the superior
					 court information or indictment number;
(2) The statement required by CPLR
					 553l;
(3) A table
					 of contents which shall list and briefly describe each document included in the
					 record. The part of the table relating to the transcript of testimony shall
					 separately list each witness and the page at which direct, cross, redirect and
					 re-cross examinations begin. The part of the table relating to exhibits shall
					 concisely indicate the nature or contents of each exhibit and the page in the
					 record where it is reproduced and where it is admitted into evidence;
(4) The notice of
					 appeal or order of transfer, judgment or order appealed from, judgment roll,
					 corrected transcript or statement in lieu thereof, exhibits, and any opinion or
					 decision in the cause;
(5) An affirmation, certification,
					 stipulation or order, settling the transcript pursuant to CPLR 5525;
(6) A stipulation or order
					 dispensing with reproducing exhibits, as provided in subdivision (c).
(7) The appropriate
					 certification, stipulation, or settlement order pursuant to subdivision (g).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.8 - Form and Content of Briefs Cover

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) The cover shall set forth the title
					 of the action or proceeding. The upper right-hand section shall contain a
					 notation stating: whether the cause is to be argued or submitted; if it is to
					 be argued, the time actually required for the argument; and the name of the
					 attorney who will argue. The lower right-hand section shall contain the name,
					 address, telephone number and email address of the attorney filing the brief
					 and shall indicate whom the attorney represents.
(b) Appellant's Brief. The
					 appellant's brief shall include, in the following order:
(1) a table of contents, which
					 shall include (i) a list of point headings and (ii) the contents of the
					 appendix, if it is not bound separately, with references to the initial page of
					 each document included and of the direct, cross and redirect examination of
					 each witness;
(2) a
					 table of cases (alphabetically arranged), statutes and other authorities,
					 indicating the pages of the brief where they are cited;
(3) a concise statement, not
					 exceeding two pages, of the questions involved, set forth separately and
					 followed immediately by the answer, if any, of the court from which the appeal
					 is taken;
(4) a
					 concise statement of the nature of the case and of the facts which should be
					 known to determine the questions involved, with appropriate citations to the
					 reproduced record, appendix, original record or agreed statement in lieu of
					 record;
(5) the
					 argument for the appellant, which shall be divided into points by appropriate
					 headings distinctively printed;
(6) a statement certifying compliance
					 with printing requirements under this Part, on a form approved by the court, as
					 set forth in subdivision (j);
(7) in the First and Second Judicial
					 Departments, the appellant's brief shall include as an addendum the statement
					 required by CPLR 5531;
(8) in the First and Second Judicial
					 Departments, in any civil cause permitted to be heard on the original record,
					 the appellant's brief shall include:
(i) a copy of the order or judgment
					 appealed from and the decision, if any;
(ii) a copy of the opinion and
					 findings, if any, of a hearing officer and the determination and decision of
					 any administrative department, board or agency; and
(iii) a copy of the notice of
					 appeal or order transferring the proceeding to this court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.9 - 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. Except where the court has directed that an appeal be
					 perfected by a particular time, an appellant shall file with the clerk within
					 six months of the date of the notice of appeal or order granting leave to
					 appeal:
(1) if employing the
					 reproduced full record method, an original and five hard copies of a reproduced
					 full record, an original and five hard copies of appellant's brief, and one
					 digital copy of the record and brief, with proof of service of one hard copy of
					 the record and brief upon each other party to the appeal; or
(2) if employing the appendix
					 method, an original, five hard copies and one digital copy of appellant's brief
					 and appendix, with proof of service of one hard copy of the brief and appendix
					 upon each other party to the appeal, and either:
(i) in the First and Second Judicial
					 Departments, proof of service of a subpoena upon the clerk of the court of
					 original instance requiring all documents constituting the record on appeal to
					 be filed with the clerk of the Appellate Division, or
(ii) in the Third and Fourth
					 Judicial Departments, a digital copy of the complete record.
(3) if employing
					 the agreed statement in lieu of record method, an original and five hard copies
					 of the agreed statement in lieu of record as provided in CPLR 5527, an original
					 and five hard copies of appellant's brief, and one digital copy of the agreed
					 statement and the brief, with proof of service of one hard copy of the agreed
					 statement and brief upon each other party to the appeal; or
(4) if perfecting on the
					 original record, an original and five hard copies and one digital copy of
					 appellant's brief, with proof of service of one hard copy of the brief upon
					 each other party to the appeal and either:
(i) in the First and Second Judicial
					 Departments, proof of service of a subpoena upon the clerk of the court of
					 original instance requiring all documents constituting the record on appeal to
					 be filed with the clerk of the Appellate Division, or
(ii) in the Fourth Judicial
					 Department, a hard copy of the complete record.
(5) In the First and Second
					 Judicial Departments, where a subpoena is required to be served upon the clerk
					 of the court of original instance pursuant to sections
					 1250.9(a)(2)(i)
					 and 1250.9(a)(4)(i)
					 of this Part, the clerk from whom the papers are subpoenaed shall compile the
					 original papers constituting the record on appeal and cause them to be
					 transmitted to the clerk of the court, together with a certificate listing the
					 papers constituting the record on appeal and stating whether all such papers
					 are included in the papers transmitted.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.10 - Dismissal of a Matter

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Civil Matters. In the event that an
					 appellant fails to perfect a civil matter within six months of the date of the
					 notice of appeal, the order of transfer, or the order granting leave to appeal,
					 as extended pursuant to section
					 1250.9(b) of this
					 Part, the matter shall be deemed dismissed without further order.
(b) Criminal Matters. The
					 court upon its own motion or the motion of a respondent may dismiss a criminal
					 appeal pursuant to C PL 470.60.
(c) Motion to Vacate Dismissal. When an
					 appeal or proceeding has been deemed dismissed pursuant to subdivision (a) or
					 by order of the court for failure to perfect, a motion to vacate the dismissal
					 may be made within one year of the date of the dismissal. In support of the
					 motion, the movant shall submit an affidavit setting forth good cause for
					 vacatur of the dismissal, an intent to perfect the appeal or proceeding within
					 a reasonable time, and sufficient facts to demonstrate a meritorious appeal or
					 proceeding.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.11 - Additional Rules Relating to Criminal Appeals

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Poor Person Relief and
					 Assigned Counsel.
(1)
					 Continuation of eligibility for assigned counsel on appeal. Where a sentencing
					 court has granted a defendant's application for poor person relief on appeal
					 pursuant to C PL 380.55, the Appellate Division may, upon receipt of a properly
					 filed notice of appeal and a copy of the order, assign appellate counsel or
					 provide other relief without the need for further motion or application.
(2) Continuation of
					 assigned counsel in People's appeal. Unless otherwise ordered by the court, a
					 defendant represented in the superior court by assigned counsel shall continue
					 to be represented by that counsel on an appeal taken by the People.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.12 - Transferred Proceedings

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Transferred CPLR Article 78
					 Proceedings. Unless otherwise directed by the court, a proceeding commenced
					 pursuant to CPLR article 78 and transferred to the Appellate Division pursuant
					 to CPLR 7804(g) shall be governed in the same manner as an appeal under this
					 Part, with the time to file the petitioner's brief measured from the date of
					 the order of transfer.
(b) Transferred Human Rights Law
					 Proceedings (Executive Law § 298).
(1) A proceeding under the Human Rights
					 Law which is transferred to the Appellate Division for disposition shall be
					 prosecuted upon the original record, which shall include:
(i) copies of all submissions
					 filed in the Supreme Court;
(ii) the decision of the Supreme Court,
					 or a statement that no decision was rendered;
(iii) the order of transfer;
					 and
(iv) the
					 original record before the State Division of Human Rights, including a copy of
					 the transcript of the public hearing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.13 - Original Special Proceedings

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) Return date. Unless otherwise
					 required by statute or court directive, original special proceedings commenced
					 in the Appellate Division, including original proceedings pursuant to CPLR
					 article 78, shall be made returnable at 10:00 a.m. on any Monday or on such
					 other days as the court may direct, with a return date not less than 20 days
					 after service of the notice of verified petition and petition on each
					 respondent.
(b)
					 Necessary documents.
(1)
					 Unless otherwise required by statute, a petitioner shall file the original and
					 a digital copy of the notice of petition or order to show cause, the petition
					 and the filing fee as required by CPLR 8022.
(2) Proof of service of a hard copy of
					 the notice of petition (or order to show cause) and the petition on each
					 respondent shall be filed not later than 15 days after the applicable statute
					 of limitations has expired (see CPLR 306-b).
(3) Each respondent shall serve a hard
					 copy, and shall file a hard copy and a digital copy, of an answer or other
					 lawful response, the record before the respondent, the transcript of the
					 hearing, if any, and the determination and findings of the respondent.