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

(1) Appellant shall procure the clerk's return pursuant to section 1704 of the New York City Civil Court Act to be filed within 30 days after the filing of the notice of appeal.

(2) Fifteen days before the first day of each term, the clerk of the Appellate Term shall cause a calendar to be published in the New York Law Journal of all appeals in which the clerk's return has been filed since the last publication of such a calendar. The appeals shall be listed in the order that the returns are received and the date each return was filed shall be stated. The publication of the calendar shall serve as notice to the parties of the filing of the return.

(3) Within 60 days after the filing of the return either party may notice the appeal for argument:

(1) Appellant shall procure the original papers or abbreviated record to be filed within 30 days after service of the notice of appeal, and appellant shall then notice the appeal for argument or submission, within 120 days from the date of service of the notice of appeal, by filing the notice of argument and briefs, with proof of service of one copy of each paper filed at least 53 days before the first day of the appointed term; proof of service of one copy of a transcript of the minutes of the proceedings shall be filed with the notice of argument, such copy to be returned to the appellant upon the argument or submission of the appeal. Unless otherwise ordered, five copies of the respondent's brief with proof of service of one copy shall be filed not later than 31 days prior to the first day of the term and five copies of a reply brief with proof of service of one copy may be filed not later than 24 days prior to the first day of the appointed term. An appellant who is incarcerated under the judgment appealed from may bring the appeal on for argument or submission on 10 days' notice, after the record is filed, by filing a notice of argument and five copies of the appellant's brief, with due proof of service of one copy, in which event five copies of the respondent's brief with proof of service of one copy shall be filed not later than seven days after the service of appellant's brief, and five copies of a reply brief with proof of service of one copy may be filed not later than two days after the service of respondent's brief.

(2) If appellant fails to notice the appeal within the time specified in the foregoing paragraph, the appeal will be dismissed on motion of the respondent unless an enlargement of time is granted by the court for good cause shown.

(3) Fifteen days before the first day of each term, the clerk shall cause a calendar to be published in the New York Law Journal of all cases in which a copy of the notice of appeal has been filed with him in accordance with the provisions of section 460.10 of the Criminal Procedure Law. If an appeal is not noticed for argument within 120 days from the date of service of the notice of appeal and no enlargement of time is obtained, such appeal may be dismissed by the court.

(4) The clerk shall prepare a special day calendar for each appointed term of the appeals subject to dismissal for failure on the part of the appellant to comply with this section. Each such special day calendar shall be published in the New York Law Journal at least five days prior to, as well as on the day when that calendar is to be called, and the clerk shall cause a postal card notice to be mailed to the appellant at his last known address and to his attorney five days prior to the first day of such publication.