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 731.6 - Calendar of appeals; preferences; consolidation
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 731.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The general calendar shall consist of:
(1) all appeals in a civil action or
proceeding in which copies of the notice of appeal, the order or judgment
appealed from, and RATA form have been transmitted to this court by the court
of original instance; and
(2) all
appeals in a criminal action or proceeding in which a duplicate notice of
appeal or an affidavit of errors and the court's return have been transmitted
to the chief clerk as required by C PL 460.10(1)(e), (2) and
(3)(d).
(b) 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 a 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 party not entitled to preference by law
may move for a calendar preference for good cause shown.
(c) 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
731.7 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.
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