New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter B - Second Judicial Department
Article 2 - Appellate Term
Part 731 - Rules of Practice for the Appellate Terms
Section 731.10 - Leave to appeal to the Appellate Term
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 731.10
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 CPLR 5701(c) and CCA 1702(c) shall be made on notice within the time prescribed by CPLR 5513(b).
(b) The papers in support of such application must contain a copy of the opinion, if any, and a concise statement of the grounds of alleged error, and shall show whether a similar application was made in the court below.
(c) Applications for certificates or orders granting leave to appeal under the Criminal Procedure Law (C PL 450.15, 460.15) shall be governed by the following special rules:
(1) The application shall be
in writing and shall be made and filed with the clerk of this court (with proof
of service upon the district attorney or any other prosecutor who appeared for
the People in the criminal court in which the order sought to be reviewed was
rendered) within 30 days after service upon the applicant of a copy of the
order.
(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 docket or index
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; and
(v)
a statement that no prior application for such certificate has been
made.
(3)
In addition, the papers in support of the application shall include a copy of
the order sought to be reviewed and a copy of the memorandum or opinion of the
court below or a statement that there was none.
(4) Within 15 days after
service upon him of a copy of the application and of the papers, if any, in
support thereof, the district attorney or other prosecutor (as the case may be)
shall file answering papers or a statement that there is no opposition to the
application (with proof of service upon the applicant, if appearing pro se, or
upon the attorney making the application on behalf of the applicant). 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 court below and that the prosecutor relies on the record, his answering
papers contained therein and the memorandum or opinion of such court, if there
be any.
(5) Unless
the justice designated to determine the application shall in his discretion
otherwise direct, the matter shall be submitted and determined upon the
foregoing papers and without oral argument.
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