Current through Register Vol. 46, No. 39, September 25, 2024
(a) An appeal on the general calendar in
which a record has been filed may be placed on the appeal calendar to be
assigned to an appointed term by filing an original and four copies of the
appellant's brief as set forth in subdivisions (b) and (c) of this
section.
(b)
(1) In an appeal in a civil action or
proceeding, the original and four copies of the appellant's brief, with proof
of service of one copy upon each of the parties to the appeal, shall be filed
with the court within six months of the date of filing of the notice of
appeal.
(2) For appeals in which a
reproduced printed record is required by section
731.9(a)(2) of
this Part, the reproduced printed record must be served and filed in accordance
with that section prior to or in conjunction with the service and filing of the
appellant's brief. An additional copy of the brief and reproduced printed
record on appeal shall be filed digitally in accordance with instructions
provided on the court's website at
www.nycourts.gov/courts/AD2/AppellateTerm.shtml.
(c) In an appeal in a criminal action or
proceeding, the original and four copies of the appellant's brief, with proof
of service of one copy upon each of the parties to the appeal, shall be filed
with the court within six months of the taking of the appeal pursuant to C PL
460.10(2) or C PL 460.10(3)(c). Proof of service upon the respondent of one
copy of a transcript of the minutes of all proceedings shall be filed together
with the appellant's brief. The copy of the transcript shall be returned by the
respondent to the appellant upon the argument or submission of the
appeal.
(d)
(1) The original and 4 copies of a
respondent's brief, with proof of service of 1 copy, shall be filed not more
than 21 days after service of the appellant's brief. The original and 4 copies
of a reply brief, with proof of service of 1 copy, shall be filed not more than
7 days after service of the last served respondent's brief.
(2) For appeals in which a reproduced printed
record is required by section
731.9(a)(2) of
this Part, an additional copy of the respondent's brief and the reply brief
shall be filed digitally in accordance with instructions provided on the
court's website at
www.nycourts.gov/courts/AD2/AppellateTerm.shtml.
(e) A calendar listing the appeals scheduled
for argument or submission on a particular date shall be published in the New
York Law Journal and/or on the court's website not less than 12 days prior to
such date. Appellants and respondents, or their attorneys, shall also be
notified of the calendar date by mail or email not less than five days prior to
such date. Notification by any of the aforesaid methods shall be deemed
sufficient notice.
(f)
Concurrent and cross appeals.
(1)
All parties appealing from the same order or judgment on an appeal perfected on
a reproduced full record pursuant to section
731.9(a)(2) of
this Part, shall consult and thereafter file a joint record which shall include
copies of all notices of appeal, unless otherwise ordered by the court. The
cost of the joint record and the transcript, if any, shall be borne equally by
the appealing parties.
(2) The
joint record and the briefs of concurrent appellants shall be served and filed
together. The time to do so in accordance with subdivisions (a) and (b) of this
section shall be measured from the latest date on the several concurrent
notices of appeal.
(3) The
answering brief on a cross appeal shall be served and filed not more than 21
days after service of the appellant's brief or briefs and the joint record, if
applicable, and it shall include the points of argument on the cross appeal. An
appellant's reply brief may be served and filed not more than 21 days after
service of the answering brief. A cross appellant's reply brief may be served
and filed not more than 7 days after service of an appellant's reply
brief.
(g)
Extensions of time.
Except where the court has directed that an appeal be
perfected or that a brief be served and filed by a date certain, an extension
of time to perfect or to serve and file a brief may be obtained as
follows:
(1) By stipulation. The
parties may stipulate to extend the time to perfect an appeal by up to 60 days,
to file an answering brief by up to 21 days, and to file a reply brief by up to
7 days. Not more than one such stipulation per perfection or filing shall be
permitted. Such a stipulation shall not be effective unless filed with the
court.
(2) For cause. Where a party
shall establish a reasonable ground why there cannot or could not be compliance
with the time limits prescribed by this section, or such time limits as
extended by stipulation pursuant to paragraph (1) of this subdivision, the
chief clerk or a justice may grant reasonable extensions of time to comply. An
application pursuant to this paragraph shall be made by letter, addressed to
the chief clerk, with a copy to the other parties to the appeal. Orders made
pursuant to this paragraph shall be reviewable by motion to the court on notice
pursuant to section
731.4 of this
Part.
(h) Every
application for an extension of time or for an adjournment in an appeal from a
judgment of conviction in a criminal action or proceeding, whether on motion or
stipulation, shall include, in addition to a showing of good cause, a statement
subscribed by counsel setting forth:
(1) the
sentence imposed and whether the defendant is free on bail or on his own
recognizance by reason of the issuance of an order pursuant to C PL 460.50 and,
if so, the date of such order and the name of the judge who issued the same;
and
(2) whether the court has
previously granted any extension of time.
(i) Where such application pertains to an
appeal in a criminal action which is on the dismissal calendar referred to in
section 731.8(c) of this
Part, such application shall be filed with the chief clerk at least two days
prior to the day on which the appeal is scheduled to appear on such
calendar.
