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

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 640.10

Current through Register Vol. 46, No. 39, September 25, 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.

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