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 731.8 - Dismissals on the court's own motion; enlargements of time

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 731.8

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Unless an enlargement of time is granted in accordance with subdivision (d) of this section, an appeal in a civil case which has not been perfected after having been on the general calendar for more than 90 days shall be subject to dismissal.

(b) Except as otherwise provided in C PL 460.70 and subject to the applicable provisions of C PL 470.60, and unless an enlargement of time is granted, in accordance with subdivision (d) of this section, an appeal in a criminal case which has not been perfected within 90 days after the notice of appeal was filed shall be dismissed.

(c) The clerk shall prepare a calendar of the appeals subject to dismissal for failure on the part of the appellant to perfect the same compliance with this rule. Such dismissal calendar shall be published in the New York Law Journal at least five days prior to, as well as on the dismissal day. In criminal cases, the clerk shall cause a notice to be mailed to the appellant and his or her attorney five days prior to the first day of such publication.

(d) Enlargements 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 enlargement of time to perfect or to serve and file a brief may be obtained as follows:

(1) By stipulation. The parties may stipulate to enlarge the time to perfect an appeal by up to 60 days, to file an answering brief by up to 30 days, and to file a reply brief by up to 10 days. Not more than one such stipulation per perfection or filing shall be permitted. Such a stipulation shall not be effective unless so ordered by the clerk.

(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 clerk or a justice may grant reasonable enlargements of time to comply. An application pursuant to this paragraph shall be made by letter, addressed to the 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 731.7 of this Part.

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