New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter D - Fourth Judicial Department
Article 1 - Appellate Division
Subarticle A - Rules of Practice
Part 1000 - Rules Of Practice
Section 1000.15 - Calendar Preference or Adjournment; Calendar Notice; Oral Argument; Post-Argument Submissions

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 1000.15

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

(a) Calendar preference or adjournment. A motion for a calendar preference pursuant to 22 NYCRR 1250.15 (a) (2) shall be supported by an affidavit setting forth with particularity the compelling circumstances justifying the calendar preference. A motion to adjourn the calendaring of an appeal or proceeding shall be supported by an affidavit setting forth with particularity the compelling circumstances justifying an adjournment.

(b) Scheduling order. After an appeal is perfected or an original or transferred proceeding is filed or received, the Clerk shall, where appropriate, issue a scheduling order, which will specify the term of Court for which the matter has been scheduled and set a deadline for the service and filing of respondents' briefs, if any. A party or a party's attorney shall notify the Clerk in writing within 15 days of the date that the scheduling order was mailed of unavailability for oral argument on a specific date or on specific dates during the term.

(c) Calendar notice. The Clerk shall prepare calendars for each day of a Court term by designating for argument or submission appeals or proceedings that have been perfected or scheduled. A notice to appear for oral argument will be sent by the Clerk to all parties or their attorneys not less than 20 days prior to the term. Parties or counsel must appear as directed or submit on the brief.

(d) Oral argument.

(1) A party or a party's attorney who is scheduled to argue before the Court shall sign in with the Clerk's Office prior to 10:00 a.m. on the day of the scheduled argument. When oral argument is scheduled to commence at a time other than 10:00 a.m., a party or counsel shall sign in with the Clerk's Office prior to the time designated for the commencement of argument. Not more than one person shall be heard on behalf of a party. In the event that parties submit a joint brief, not more than one person shall be heard in the matter. When a brief has not been filed on behalf of a party, no oral argument shall be permitted except as otherwise ordered by this Court. Requests for oral argument shall be made by indicating on the cover of the brief the amount of time requested. The amount of time allowed shall be within the discretion of the Court.

(2) Unless otherwise provided by order of this Court, oral argument shall not be permitted in the following cases:
(A) an appeal from a judgment of conviction in a criminal case that challenges only the legality or length of the sentence imposed;

(B) an appeal from a determination pursuant to the Sex Offender Registration Act;

(C) a CPLR article 78 proceeding transferred to this Court in which the sole issue is whether there is substantial evidence to support the challenged determination; and

(D) any other cause in which this Court, in its discretion, determines that oral argument is not warranted.

(3) The Court does not permit rebuttal.

(e) Post-argument submissions. Any request for leave to file a post-argument submission shall be filed, with proof of service, within five business days of oral argument, and shall be accompanied by an original, five hard copies, and a digital copy of the proposed submission.

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