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
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 640.9
Current through Register Vol. 46, No. 39, September 25, 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.
(b) Leave to appeal to the Appellate Division in civil matters.
(1) Applications for
permission to appeal to the Appellate Division pursuant to CPLR 5703(a) shall
be made in the manner and within the time prescribed by CPLR 5513(c) and
5516.
(2) The moving
papers shall set forth the questions to be reviewed by the Appellate Division.
If the appeal is to review a determination granting or affirming the granting
of a new trial or hearing, the moving papers must also contain a stipulation by
the appellant consenting to the entry of judgment absolute against the
appellant in the event of an affirmance by the Appellate Division.
(c) Stay. If a stay is desired pending a determination of a motion for reargument or leave to appeal, application may be made for an order incorporating such stay.
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