New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter I - Court of Appeals
Subchapter A - Rules Of Practice
Part 500 - Rules Of Practice
Primary Election Session
Section 500.26 - Primary election session procedures
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 500.26
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Appeals as of right or by permission of the Appellate Division.
(1)
Appellant shall immediately contact the clerk's office by telephone upon
receipt of the order from which the appeal is taken.
(2) Appellant shall immediately
orally notify each respondent of the appeal.
(3) Within the time directed by the
clerk of the court, appellant shall file:
(i) a copy of the notice of appeal or
order granting a motion for leave to appeal and a preliminary appeal statement
with proof of service on each other party;
(ii) 10 copies of appellant's Appellate
Division brief and, where applicable, the record or appendix;
(iii) the original file, where
applicable, which appellant shall obtain;
(iv) the fee, if any, required by
section
500.3(a) of
this Part;
(v) an
original and nine copies of a letter setting forth appellant's arguments in
this court with proof of service of one copy on each other party; and
(vi) additional papers, if
requested.
(4) Within the time directed by the
clerk of the court, respondent shall submit 10 copies of its Appellate Division
brief, and may submit an original and nine copies of a letter in opposition
with proof of service of one copy on each other party.
(b) Motions for permission to appeal.
(1) Movant shall immediately contact the
Clerk's Office by telephone upon receipt of the order from which movant seeks
leave to appeal.
(2) Movant shall
immediately orally notify each other party of the motion.
(3) Within the time directed by the Clerk of
the Court, movant shall file:
(i) an original
and one copy of a letter requesting permission to appeal with proof of service
of one copy on each other party;
(ii) one copy of the Appellate Division
decision and order;
(iii) one copy
of the Supreme Court decision and order;
(iv) the original file, where applicable,
which movant shall obtain; and
(v)
the fee, if any, required by subsection
500.3(b) of
this Part.
(4) Within the
time directed by the Clerk of the Court, respondent may submit an original and
one copy of a letter in opposition with proof of service of one copy on each
other party.
(5) Companion
submission in digital format. Unless a request to be relieved of the digital
filing requirement is submitted pursuant to subsection
500.2(e)
of this Part, within the time directed by the Clerk of the Court, movant shall
file in digital format a copy of the letter requesting permission to appeal,
the Appellate Division decision and order, the Supreme Court decision and
order, one copy of movant's Appellate Division brief and, where applicable, the
record or appendix; respondent shall file in digital format a copy of
respondent's Appellate Division brief and any letter in opposition. These
filings in digital format shall be identical to the filed original papers,
except the digital filings need not contain an original signature. All material
submitted under this section shall comply with the technical specifications and
instructions for submission available from the Clerk's
Office.
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