Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Service.
(1) Rule 2103 of the CPLR will
govern service of papers except that service upon the party's duly authorized
representative may be made by the same means as provided for service upon an
attorney.
(2) Proof of service must
be made in the same manner as under the CPLR. Any required filing or proof of
service must be with the Office of Hearings and Mediation Services.
(b) Computation of time limits.
(1) The rules of General Construction Law
sections 20 and 25-a govern the computation of time limits.
(2) If a period of time prescribed under this
Part is measured from the date of the ruling, pleading, motion, appeal,
decision or other communication instead of the date of service:
(i) five days will be added to the prescribed
period if notification is by ordinary mail; and
(ii) one day will be added to the prescribed
period if notification is by express mail or other overnight
delivery.
(c)
Motion practice.
(1) Motions and requests
made at any time must be part of the record. Motions and requests prior to the
hearing must be filed in writing with the ALJ and must be served upon all
parties. During the course of the hearing, motions may be made orally except
where otherwise directed by the ALJ. If no ALJ has been assigned to the case,
the motion must be filed with the Chief ALJ of the Office of Hearings and
Mediation Services.
(2) Every
motion must clearly state its objective, the facts on which it is based, and
may present legal argument in support of the motion.
(3) All parties have five days after a motion
is served to serve a response. Thereafter no further responsive pleadings will
be allowed without permission of the ALJ.
(4) The ALJ should rule on a motion within
five days after a response has been served or the time to serve a response has
expired. The ALJ must rule on all pending motions prior to the completion of
testimony. Any motion not ruled upon prior to the completion of testimony must
be deemed denied.
(d)
'Office of Hearings and Mediation Services.'
(1) Prior to the appointment of an ALJ to
hear a particular case, the commissioner or the commissioner's designee from
the Office of Hearings and Mediation Services may take any action which an ALJ
is authorized to take.
(2) The
Office of Hearings and Mediation Services may establish a schedule for hearing
pretrial motions and other matters for cases which have no assigned
ALJ.
(e) Expedited
appeals. The time periods for expedited appeals filed pursuant to section
624.8(d)
of this Part are as follows:
(1) Expedited
appeals or applications for leave to appeal must be filed to the commissioner
in writing within five days of the disputed ruling.
(2) Upon being granted leave to appeal, a
party must file the appeal in writing within five days if it has not already
been filed. Thereupon the other parties may submit briefs or other arguments in
support of or in opposition to the appealed issues within five days.
(3) Notice of the appeal and a copy of all
briefs must be filed with the ALJ and served on all parties to the hearing.
Upon receipt of notice of any appeal, the ALJ may adjourn or continue the
hearing or make such other order protecting the interests of the
parties.
(f) Consistent
with section
52 of the Civil Rights Law, the audio or
visual recording, photographing, filming, televising, broadcasting, or
streaming of the adjudicatory hearing by use of any device or media is
prohibited .
(g) To avoid prejudice
to any party, all rules of practice involving time frames may be modified by
direction of the ALJ and, for the same reasons, any other rule may be modified
by the commissioner upon recommendation of the ALJ or upon the commissioner's
initiative.