reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 635 - Joint Administrative Orders › Section 635.5 - Expired

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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 635 - Joint Administrative Orders › Section 635.6 - Repealed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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 635 - Joint Administrative Orders › Section 635.7 - Repealed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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 635 - Joint Administrative Orders › Section 635.8 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 636 - Miscellaneous Orders › Section 636.1 - Repealed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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 636 - Miscellaneous Orders › Section 636.2 - Repealed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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 636 - Miscellaneous Orders › Section 636.3 - Repealed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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 636 - Miscellaneous Orders › Section 636.4 - 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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 636 - Miscellaneous Orders › Section 636.5 - Adoption of standard forms for applications for admission to practice as attorney and counselor-at-law

Current through Register Vol. 46, No.
						  28, July 10, 2024
The Committee to Regularize Bar
							 Admission Procedures, appointed by the Administrative Board of the Judicial
							 Conference of this State, having recommended the adoption in all four judicial
							 departments of the State of certain standard forms of questionnaire,
							 instruction sheet and affidavits for applications for admission to practice as
							 an attorney and counselor-at-law pursuant to paragraph 1a or 1b of section
							 90 of the
							 Judiciary Law, and the Appellate Divisions of the Supreme Court in the several
							 departments having all agreed to adopt such forms, it is hereby
ORDERED that such standard forms,
							 copies of which are annexed to this order (see Chapter V of Subtitle D of this
							 Title), shall be the forms used for all such applications for admission to
							 practice made to this Court; and it is further
ORDERED that no changes or amendments
							 shall be made in such forms except after consultation with respect thereto
							 between this Court and the Appellate Divisions of the Supreme Court in the
							 other three departments, acting through their respective presiding justices or
							 associate justices designated by them.
Dated: January 17,
							 1973
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 636 - Miscellaneous Orders › Section 636.6 - 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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 636 - Miscellaneous Orders › Section 636.7 - 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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 636 - Miscellaneous Orders › Section 636.8 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 636 - Miscellaneous Orders › Section 636.9 - 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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 636 - Miscellaneous Orders › Section 636.10 - Authorization for Committee on Character and Fitness to continue to inquire concerning any criminal actions and proceedings involving applicants for admission

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The Justices of the Appellate Division
							 of the Supreme Court in and for the First Judicial Department, 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, do hereby
ORDER that the Committee 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: December 13,
							 1976
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 640.1 - Jurisdiction

Current through Register Vol. 46, No. 28, July 10,
						2024
The Appellate Term of the Supreme Court
						  for the First Judicial Department shall hear and determine all appeals from the
						  Civil Court of the City of New York and the Criminal Court of the City of New
						  York in the Counties of New York and Bronx at such times and places as may be
						  designated by the Appellate Division of the Supreme Court, First Judicial
						  Department.
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 640.2 - Appeals from Civil Court; papers required on appeal

Current through
						Register Vol. 46, No. 28, July 10, 2024
(a) Appeals from the Civil
						Court shall be heard upon the return made by the clerk pursuant to the
						provisions of New York City Civil Court Act, section 1704 and five copies of
						the record and briefs, or upon the clerk's return and five copies of the briefs
						and appendices, typewritten or reproduced by any other method authorized by
						CPLR 5529.
(b)
						Appeals from the small claims part of the Civil Court shall be heard upon the
						clerk's return and five copies of the briefs reproduced by any authorized
						method.
(c) The
						parties may elect to proceed upon a statement in lieu of a record in accordance
						with the provisions of CPLR 5529. In the event of such election, the appeal
						shall be heard upon five copies of the statement and briefs reproduced by any
						authorized method.
(d) Where copies of the record are
						filed, the reproduced record shall be of the size specified in CPLR 5529 and on
						paper of a quality approved by the State Administrator with a substantial cover
						and fastened at the left-hand edge. The pages of the record shall be
						consecutively numbered at the bottom, and at the top of each page containing
						testimony there shall be noted the name of the witness, by whom called and
						whether the examination is on direct, cross or re-direct.
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 640.3 - Appeals from Criminal Court; papers required on appeal

Current
						through Register Vol. 46, No. 28, July 10, 2024
(a) Appeals from the Criminal
						Court shall be heard on the original papers, certified by the clerk of the
						Criminal Court, a stenographic transcript of the minutes of proceedings,
						certified by the judge before whom the action was tried, or in the case of the
						death or disability of such judge, in such manner as the court directs, and
						five copies of the briefs.
(b) For good cause shown, the court may
						hear the appeal on an abbreviated record containing so much of the evidence or
						other proceedings as it may deem necessary to a consideration of the questions
						raised thereby, and five copies of the briefs.
(c) The appellant's brief must
						contain, at the beginning, the statement required by CPLR 5531 and a statement
						setting forth whether defendant is presently incarcerated. If the defendant was
						admitted to bail, the statement should set forth the date of the order and the
						court which admitted defendant to bail. If a fine was paid, the statement
						should set forth the amount of the fine, the date of payment, the Criminal
						Court part or the prison in which payment was made and the receipt
						number.
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 640.4 - Exhibits

Current through Register Vol. 46, No. 28, July 10,
						2024
Each exhibit or copies thereof shall
						  have affixed thereto a notation as to the page of the transcript where it was
						  admitted in evidence.
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 640.5 - Briefs-what to contain

Current through Register Vol. 46, No. 28, July
						10, 2024
(a) Briefs shall be on paper of the
						same size and quality as is required for the record on appeal by subdivision
						(a) of section
						640.2. The name of counsel who is
						to argue or submit the appeal shall appear at the upper right-hand corner of
						the first or cover page of the brief and the calendar number of the appeal
						shall be stated in the upper left-hand corner.
(b) In the absence of a
						specification that the appeal is to be argued, it shall be marked submitted and
						oral argument shall not be heard.
(c) Testimony referred to in a brief
						must be accompanied by reference to the page of the record or transcript where
						such testimony appears.
(d) The main brief of any party shall
						not exceed 50 pages, and reply briefs shall not exceed 20 pages unless
						authorized by a justice of the court prior to the filing of any such brief. On
						appeals from the Criminal Court, appellant's brief shall contain the statement
						required by subdivision (c) of section
						640.3.
(e) Unless authorized by the
						court, or these rules, briefs to which are added or appended any matter shall
						not be accepted for filing.
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 640.7 - Calendar; argument of appeals

Current through Register Vol. 46,
						No. 28, July 10, 2024
(a) Unless otherwise ordered, the
						calendar of appeals shall be called on the first day of the term for which they
						have been noticed. The calendar call shall commence at such time as the court
						shall direct.
(b)
						The clerk shall cause the calendar of appeals and the time the calendar will be
						called to be published in the New York Law Journal six days before the first
						day of each term.
(c) At any time prior to the call of
						the calendar the parties may file a stipulation submitting an appeal without
						oral argument; provided, however, that all of the required papers have been
						served and filed. In the event of the filing of such stipulation, attendance at
						the calendar call shall not be required.
(d) Not more than 15 minutes shall be
						allowed to each side for argument except in such cases where additional time is
						granted by the court. No brief, communication or other paper shall be accepted
						after submission or argument of an appeal unless authorized by the
						court.
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 640.8 - Motions generally

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Motions may be noticed for any day
						of the term and must be submitted without oral argument. The appropriate county
						clerk's index number must appear on all motion papers.
(b) If an appeal on the
						calendar is affected by the motion, the calendar number of the appeal must be
						stated on the moving papers.
(c) All moving and opposing papers,
						with proof of service, shall be filed with the clerk on or before the return
						day at 10 a.m. and submitted without oral argument.
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 640.9 - Reargument; leave to appeal to Appellate Division; stay

Current through
						Register Vol. 46, No. 28, July 10, 2024
(a) Reargument.
(1) Motions for reargument
						shall be made within 30 days after the date of the order determining the
						appeal.
(2) Papers
						in support of a motion for reargument shall concisely state the points claimed
						to have been overlooked or misapprehended by the court, with proper reference
						to the particular portion of the record, and the authorities relied
						upon.
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 640.10 - Leave to appeal to the court

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 section
						1702
						(c) of the New York City Civil Court Act
						shall be made on notice and within the time prescribed by CPLR
						5513(c).
(b) The
						papers in support of such application must contain a copy of the opinion, if
						any, and a copy of the record in the court below, a concise statement of the
						grounds of alleged error, and a copy of the order of the lower court denying
						leave, if any.
(c)
						Applications for a certificate granting leave to appeal pursuant to the
						provisions of sections
						450.15 and
						460.15 of the Criminal Procedure Law must
						be made in the following manner:
(1) the application must be addressed
						to the court for assignment to a justice of the Appellate Term;
(2) the application must be in
						writing and upon reasonable notice to the people;
(3) the application must be
						made within 30 days after service upon the defendant of a copy of the order
						from which he seeks to appeal; and
(4) the application must set forth the
						questions of law or fact to be reviewed, and must contain a statement as to
						whether or not any such application has previously been made.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 3 - County › Part 661 - Criminal Actions And Proceedings › Section 661.7 - Additional duties of the court and of defendant's counsel in connection with trial court transcripts

Current through Register Vol. 46, No. 28,
						July 10, 2024
Where furnishing of a daily copy of a
						  transcript is ordered by the court, the ribbon copy thereof shall be delivered
						  to the court and a carbon copy to counsel for the defendant. Both the court and
						  counsel for the defendant shall be duly bound to preserve their respective
						  copies. At the conclusion of the trial or hearing, trial counsel for the
						  defendant shall, if an appeal is taken, deliver said carbon copy to appellant's
						  counsel immediately on being advised of the name and address of said
						  appellant's counsel. At the conclusion of the trial or hearing and forthwith
						  after the decision or verdict, as the case may be, the ribbon copy shall be
						  delivered by the court to the county clerk for filing. The ribbon copy and the
						  carbon copy shall constitute the two transcripts of the proceedings required by
						  section
						  460.70 of the Criminal Procedure
						  Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.1 - Court sessions

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Unless otherwise ordered, the court
						  will convene at 10 o' clock in the forenoon on Monday, Tuesday, Thursday, and
						  Friday.
(b) Special
						  sessions of the court may be held at such times and for such purposes as the
						  court from time to time may direct.
(c) When a cause is argued or submitted
						  with four justices present, it shall, whenever necessary, be deemed submitted
						  also to any other duly qualified justice unless objection is noted at the time
						  of argument or submission.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.2 - 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 an appeal which has been placed on the court's
						  calendar.
(1) A stipulation
						  withdrawing an appeal or proceeding which has been placed on the court's
						  calendar must be filed with the court prior to the calendar date. Absent such a
						  stipulation, an appellant may, prior to the calendar date, move for permission
						  to withdraw such an appeal or proceeding.
(2) An appeal which has been placed on the
						  court's calendar cannot subsequently be withdrawn based upon a settlement which
						  occurred prior to the calendar date, except upon a showing of good
						  cause.
(3) An application for
						  permission to withdraw an appeal subsequent to the calendar date must be
						  supported by:
(i) a stipulation withdrawing
						  the appeal;
(ii) documentation
						  which establishes when the event upon which the withdrawal is based occurred;
						  and
(iii) where appropriate, an
						  explanation regarding why there was a delay in notifying the court of that
						  event. Such applications shall be granted only in limited circumstances and
						  upon a showing of good cause.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.3 - Initial filings; active management of causes; settlement or mediation program

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
Initial
						  filings.
(1) In all civil matters,
						  counsel for the appellant or the petitioner shall file the original plus one
						  copy, and serve one copy, of the papers referred to in section
						  1250.3(a) of this
						  Title.
(2) Where an appeal is taken
						  in a criminal matter, the clerk of the court of original instance shall execute
						  an initial information statement on a form approved by the court and shall
						  transmit it together with a copy of the notice of appeal and the order of
						  sentence and commitment, if any, to the clerk of this court.
(3) An initial informational statement
						  relating to attorney matters shall be filed in connection with attorney
						  disciplinary proceedings instituted in this court and applications made to this
						  court pursuant to sections 690.17 and
						  690.19 of this Title.
(4) In all other actions or proceedings
						  instituted in this court, and applications pursuant to CPLR 5704, an initial
						  informational statement shall be filed.
(5) Where the appeal is taken from an order
						  or judgment issued in an action commenced under the provisions of CPLR 214-g,
						  counsel for the appellant shall so indicate in the case type section of the
						  informational statement. The clerk of the court from which the appeal is taken
						  shall notify this court when transmitting such an informational statement to
						  this court pursuant to section
						  1250.3(a) of this
						  Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.4 - Management of causes

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) Active management.
(1) The court may, in the
						  exercise of discretion, direct that the prosecution of any cause or class of
						  causes be actively managed.
(2) The clerk shall issue a scheduling
						  order or orders directing the parties to a cause assigned to the active
						  management program to take specified action to expedite the prosecution
						  thereof, including but not limited to the ordering of the transcript of the
						  proceedings and the filing of proof of payment therefor, the making of motions,
						  the perfection of the cause, and the filing of briefs. Notwithstanding any of
						  the time limitations set forth in this Part, a scheduling order shall set forth
						  the date or dates on or before which such specified action shall be
						  taken.
(3) If any
						  party shall establish good cause why there cannot be compliance with the
						  provisions of a scheduling order, the clerk may amend the same consistent with
						  the objective of insuring expedited prosecution of the cause. An application to
						  amend a scheduling order shall be made by letter, addressed to the clerk, with
						  a copy to the other parties to the cause. The determination of the clerk in
						  amending or declining to amend a scheduling order shall be reviewable by motion
						  to the court on notice pursuant to section
						  670.5 of this Part.
(4) No filing directed by a
						  scheduling order shall be permitted after the time to do so has expired unless
						  the order is amended in accordance with paragraph (3) of this
						  subdivision.
(5)
						  Upon the default of any party in complying with the provisions of a scheduling
						  order, the clerk shall issue an order to show cause, on seven days' notice, why
						  the cause should not be dismissed or such other sanction be imposed as the
						  court may deem appropriate.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.5 - Motions and proceedings initiated in this court-generally

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise required
						  by statute, rule or order of the court or any justice, every motion and every
						  proceeding initiated by this court shall be made returnable at 9:30 a.m. on any
						  Friday. Cross motions shall be made returnable on the same day as the original
						  motion and shall be served and filed at least three days before the return
						  date. Motions shall be on notice prescribed by CPLR 2214 and CPLR article 78
						  proceeding shall be on notice prescribed by CPLR 7804(c).
(b) All motions and
						  proceedings initiated by notice of motion or notice of petition, shall be filed
						  with the clerk at least one week before the return date. All papers in
						  opposition shall be filed with the clerk before 4 p.m. of the business day
						  preceding the return date. All papers in opposition to any motion or proceeding
						  initiated in this court by an order to show cause shall be filed with the clerk
						  on or before 9:30 a.m. of the return date, and shall be served by a method
						  calculated to place the movant and other parties to the motion in receipt
						  thereof on or before that time. The originals of all such papers shall be
						  filed. On the return date the motion or proceeding will be deemed submitted to
						  the court without oral argument. Counsel will not be required to attend and a
						  note of issue need not be filed.
(c) Every notice, petition or order to
						  show cause instituting a motion or proceeding must state, inter alia:
(1) the nature of the motion
						  or proceeding;
(2)
						  the specific relief sought;
(3) the return date; and
(4) the names, addresses and
						  telephone numbers of the attorneys and counsel for all parties in support of
						  and in opposition to the motion or proceeding.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.6 - Motions-reargue; resettle; amend; leave to appeal; admission pro hac vice

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Motions to reargue, resettle or amend. Motions to reargue a cause or motion, or
						  to resettle or amend a decision and order, shall be made within 30 days after
						  service of a copy of the decision and order determining the cause or motion,
						  with notice of its entry, except that for good cause shown, the court may
						  consider any such motion when made at a later date. The papers in support of
						  every such motion shall concisely state the points claimed to have been
						  overlooked or misapprehended by the court, with appropriate references to the
						  particular portions of the record or briefs and with citation of the
						  authorities relied upon. A copy of the order shall be attached.
(b) Motions for leave to
						  appeal to Appellate Division.
(1) Motions for leave to appeal to the
						  Appellate Division pursuant to CPLR 5701(c) and Family Court Act, § 1112
						  shall be addressed to the court and shall contain a copy of the order or
						  judgment and the decision of the lower court.
(2) Motions for leave to appeal from an
						  order of the Appellate Term shall contain a copy of the opinions, decisions,
						  judgments and orders of the lower courts, including: a copy of the Appellate
						  Term order denying leave to appeal; a copy of the record in the Appellate Term
						  if such record shall have been printed or otherwise reproduced; and a concise
						  statement of the grounds of alleged error. If the application is to review an
						  Appellate Term order which either granted a new trial or affirmed the trial
						  court's order granting a new trial, the papers must also contain the
						  applicant's stipulation consenting to the entry of judgment absolute against
						  him or her in the event that this court should affirm the order appealed
						  from.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.7 - Form and content of records and appendices; exhibits

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a)
Supplemental record.
A supplemental record shall only be accepted for
							 filing in the following circumstances:
(1) where directed or permitted by order of
						  the court; or
(2) where accompanied
						  by a stipulation in which it is agreed that the contents of the supplemental
						  record are properly part of the record on appeal as that term is defined in
						  CPLR 5526 and section
						  1250.7(b) of the
						  Practice Rules of the Appellate Division (22 NYCRR section
						  1250.7[b]) but
						  were inadvertently omitted from the record on appeal previously filed with the
						  court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.8 - Placing civil or criminal causes on calendar; time limits for filing

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Placing cause on general calendar. An appeal may be placed on the general
						  calendar by filing with the clerk the record on appeal pursuant to one of the
						  methods set forth in section
						  670.9 of this Part by filing nine
						  copies of a brief, with proof of service of two copies upon each of the other
						  parties. Unless the court shall otherwise direct, when an appeal is prosecuted
						  upon the original record, only one copy of the brief need by served. An extra
						  copy of the statement required by CPLR 5531 shall be filed together with the
						  record or appendix. If an appeal is taken on the original record, the extra
						  copy of the statement shall be filed with the appellant's brief.
(b) Answering and reply
						  briefs. Not more than 30 days after service of the appellant's brief, each
						  respondent or opposing party shall file nine copies of the answering brief with
						  proof of service of two copies upon each of the other parties. Not more than 10
						  days after service of respondent's brief, the appellant may file nine copies of
						  a reply brief with proof of service of two copies upon each of the other
						  parties. If one copy of the appellant's brief was served, only one copy of
						  answering and reply briefs need be served.
(c) Concurrent and cross appeals.
(1) Unless otherwise ordered
						  by the court, all parties appealing from the same order or judgment shall
						  consult and thereafter file a joint record or joint appendix which shall
						  include copies of all notices of appeal. The cost of the joint record or the
						  joint appendix, and the transcript, if any, shall be borne equally by the
						  appealing parties.
(2) The joint record or joint appendix
						  and the briefs of concurrent appellants shall be served and filed together. The
						  time to do so in accordance with subdivision (e) of this section shall be
						  measured from the latest date on the several concurrent notices of
						  appeal.
(3) The
						  answering brief on a cross appeal shall be served and filed not more than 30
						  days after service of the appellant's brief or briefs and the joint record or
						  joint appendix, and it shall include the points of argument on the cross
						  appeal. An appellant's reply brief may be served and filed not more than 30
						  days after service of the answering brief. A cross appellant's reply brief may
						  be served and filed not more than 10 days after service of the appellant's
						  reply brief.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.9 - Time, number and manner of filing of records, appendices and briefs

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
Digital
						  copies of records, appendices and briefs.
The digital copies of the records, appendices and
							 briefs required to be filed with the court pursuant to section
							 1250.9(a), (c) and
							 (d) of this Title shall comply with the
							 technical requirements and guidelines for electronically filed documents (22
							 NYCRR Part 1245, Appendix A), and shall be filed by uploading through a digital
							 portal. Please consult the court's website for details.
(b)
Extensions of time to perfect an
						  appeal or to file and serve a brief.
Motions to extend the time to perfect an appeal or to
							 file and serve a brief shall be granted only in limited circumstances and upon
							 a showing of good cause.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.10 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.10-a - Form and content of records, appendices and briefs-generally

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Compliance with Civil Practice Law and Rules. Briefs, appendices and to the
						  extent practicable, 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. To the extent practicable,
						  reproduction on both sides of the paper is encouraged.
(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 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 proceedings and
						  actions originating in this court, 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 in the upper right-hand portion opposite
						  the title.
(f)
						  Rejection papers. The clerk may refuse to accept for filing any paper that does
						  not comply with these rules, is not legible or is otherwise
						  unsuitable.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.10-c - Form and content of briefs

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a) Computer-generated briefs. Briefs
						  prepared on a computer shall be printed in either a serifed, proportionally
						  spaced typeface such as times roman, or a serifed, monospaced typeface such as
						  courier. Narrow or condensed typefaces and/or condensed font spacing may not be
						  used. Except in headings, words may not be in bold type or type consisting of
						  all capital letters.
(1)
						  Briefs set in a proportionally spaced type face. The body of a brief utilizing
						  a proportionally spaced typeface shall be printed in 14-point type, but
						  footnotes may be printed in type of no less than 12 points.
(2) Briefs set in a monospaced
						  typeface. The body of a brief utilizing a monospaced typeface shall be printed
						  in 12-point type containing no more than 101/2 characters per inch, but
						  footnotes may be printed in type of no less than 10 points.
(3) Length. Computer-generated
						  appellants' and respondents' briefs shall not exceed 14,000 words, and reply
						  and amicus curiae briefs shall not exceed 7,000 words, inclusive of point
						  headings and footnotes and exclusive of pages containing the table of contents,
						  table of citations, proof of service, certificate of compliance, or any
						  authorized addendum containing statutes, rules, regulations, etc.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.11 - Amicus curiae briefs

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) Permission to file an amicus curiae
						  brief shall be obtained by persons who are not parties to the action or
						  proceeding by motion on notice to each of the parties.
(b) Unless otherwise ordered
						  by the court, oral argument is not permitted.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.12 - Appeals in criminal actions

Current through Register Vol. 46, No.
						  28, July 10, 2024
(a) Except as otherwise provided
						  herein, an appeal in a criminal action shall be prosecuted in the same manner
						  as a civil appeal.
(b) Application for certificate
						  granting leave to appeal.
(1)
						  An application pursuant to C PL 450.15 and C PL 460.15 for leave to appeal to
						  this court from an order shall be made in writing within 30 days after service
						  of the order upon the applicant, on 15 days' notice to the district attorney,
						  or other prosecutor, as the case may be.
(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 indictment, or superior court
						  information 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;
(v) a
						  statement that no prior application for such certificate has been made;
						  and
(vi) a copy of
						  the order sought to be reviewed and a copy of the decision of the court of
						  original instance or a statement that there was no decision.
(3) Within 15 days
						  after service of a copy of the application the district attorney or other
						  prosecutor shall file answering papers or a statement that there is no
						  opposition to the application. 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 trial court and that the prosecutor
						  relies on the record; the answering papers in the trial court; and the decision
						  of such court, if any.
(4) Unless the justice designated to
						  determine the application shall otherwise direct, the matter shall be submitted
						  and determined upon the foregoing papers and without oral argument.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.13 - Appeals from the Appellate Term

Current through Register Vol. 46, No.
						  28, July 10, 2024
(a) Appeals from the Appellate Term of
						  the Supreme Court to this court may be prosecuted upon the record as presented
						  to the Appellate Term; its order; its opinion or decision; and the order
						  granting leave to appeal.
(b) When this court has made an order
						  granting leave to appeal, the appellant shall file with the clerk of the
						  Appellate Term a copy of the order. Within 20 days after an order granting
						  leave to appeal shall have been filed with the clerk of the Appellate Term,
						  such clerk or the appellant shall cause the record to be filed with the clerk
						  of this court. Thereafter the appeal may be brought on for argument by the
						  filing of briefs in the same manner as any other cause.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.14 - Appeals from orders concerning Grand Jury reports

Current through
						  Register Vol. 46, No. 28, July 10, 2024
The mode, time and manner for
							 perfecting an appeal from an order accepting a report of a Grand Jury pursuant
							 to C PL 190.85(1)(a) or from an order sealing a report of a Grand Jury pursuant
							 to C PL 190.85(5) shall be in accordance with the provisions of this Part
							 governing appeals in criminal cases. Appeals from such orders shall be
							 preferred causes and may be added to the calendar by stipulation approved by
							 the court or upon motion directed to the court. The record, briefs, and other
							 papers on such an appeal shall be sealed and not available for public
							 inspection except as permitted by C PL 190.85(3).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.16 - Transferred CPLR article 78 proceedings

Current through Register Vol.
						  46, No. 28, July 10, 2024
CPLR article 78 proceedings
							 transferred to this court pursuant to CPLR 7804(g) may be prosecuted in
							 accordance with any of the methods specified in section
							 670.9 of this Part. Where
							 applicable, every such proceeding shall be governed by this Part as if it were
							 an appeal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.17 - 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 directed to charge and is
							 entitled to receive in advance the following fees on behalf of the
							 State:
(1) For making a photocopy or
						  providing a digital copy of an order, decision, opinion, or other filed paper
						  or record, $1 for the first page and 50 cents for each additional
						  page.
(2) For comparing the copy of
						  a prepared order, decision, opinion, or other paper or record with the original
						  on file, $1 for the first page and 50 cents for each additional page, with a
						  minimum fee of $2.
(3) For
						  certifying the copy of an order, decision, record, or other paper on file or
						  for affixing the seal of the court, $1; and for authenticating the same, an
						  additional $5.
(4) For certifying
						  in any form that a search of any records in his custody has been made and
						  giving the result of such search, $1.
(5) For an engraved parchment diploma
						  attesting to admission as an attorney and counselor at law, $25.