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 731.5 - Preferences; consolidation
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 731.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Preferences.
(1) Any party to an appeal
entitled by law to a preference in the hearing of the appeal may serve and file
a demand for preference which shall set forth the provision of law relied upon
for such preference and good cause for such preference. If the demand is
sustained by the court, the appeal shall be preferred.
(2) A preference under CPLR
5521 may be obtained upon good cause shown by a motion directed to the court on
notice to the other parties to the appeal.
(b) Consolidation.
(1) A party may consolidate
appeals from civil orders and/or judgments arising out of the same action or
proceeding provided that each appeal is perfected timely pursuant to section
731.8 of this Part.
(2) Appeals from orders or
judgments in separate actions or proceedings cannot be consolidated but may,
upon written request of a party, be scheduled by the court to be heard together
on the same day.
Any party to an appeal, for good cause shown, may move for a preference upon notice to all other parties to the appeal.
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