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 1000.9 - Time, Number and Manner of Filing of Records, Appendices and Briefs

Universal Citation: 22 NY Comp Codes Rules and Regs § 1000.9

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

(a) Extension of time to perfect. An extension of time to perfect an appeal may be obtained, pursuant to 22 NYCRR 1250.9 (b), by a letter application, stipulation or motion. A stipulation to extend the time to perfect an appeal pursuant to 22 NYCRR 1250.9 (b) shall be filed on or before the date by which the appeal is required to be perfected. A motion for an extension of time to perfect an appeal pursuant to 22 NYCRR 1250.9 (b) shall be supported by an affidavit demonstrating with particularity a reasonable excuse for the delay and an intent to perfect the appeal within a reasonable time.

(b) Extension of time to file brief. An extension of time to file and serve a responsive brief may be obtained, pursuant to 22 NYCRR 1250.9 (g), by a letter application, stipulation or motion. A stipulation to extend the time to file and serve a responsive brief pursuant to 22 NYCRR 1250.9 (g) (1) shall be filed on or before the date by which the brief was originally required to be filed. In no case shall the parties stipulate to an extension of time to file and serve a responsive brief that would permit the filing and service of the brief within 30 days of the date upon which the matter is scheduled to be heard. A motion for an extension of time to file and serve a responsive brief pursuant to 22 NYCRR 1250.9 (g) (2) shall be supported by an affidavit demonstrating with particularity a reasonable excuse for the delay and an intent to file and serve the brief within a reasonable time.

(1) Hard copies of records and appendices in matters perfected upon the reproduced full record method or appendix method. Except where a party is exempt from filing a digital copy of a document pursuant to 22 NYCRR 1245.4 or 1250.9 (e), the hard copy filing requirement in 22 NYCRR 1245.6 (a) and 1250.9 (a) (1) and (a) (2) with respect to records and appendices in matters perfected using the reproduced full record method or appendix method shall be satisfied by the filing of an original and two hard copies of the record or appendix. Parties exempt from filing a digital copy of a document shall file the number of hard copies of records and appendices otherwise provided by the rules.

(2) Hard copies of records and appendices in matters perfected upon the original record. The hard copy filing requirement in 22 NYCRR 1245.6 (a) with respect to records and appendices in matters perfected upon the original record shall be satisfied by the filing of a hard copy of the complete record, consistent with 22 NYCRR 1250.9 (a) (4) (ii).

(d) Digital copies. In matters not subject to electronic filing, digital copies of the records, appendices and briefs filed pursuant to 22 NYCRR § 1250.9 (a), (c) and (d) shall comply with the technical specifications for electronically filed documents (Attachment A to 22 NYCRR Part 1245) and shall be filed and served as directed by the Clerk of the Court.

(e) Service of original record in matters not subject to e-filing. When perfecting on the original record pursuant to 22 NYCRR 1250.9 (a) (4), an appellant shall file a hard copy of the complete record, together with proof of service of one hard copy of the record upon each other party to the appeal.

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