N.Y. Comp. Codes R. & Regs. tit. 22 § 731.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 731.10 - Leave to appeal to the Appellate Term

(a) Applications to a justice of the Appellate Term for leave to appeal pursuant to the provisions of CPLR 5701(c) and CCA 1702(c) shall be made on notice within the time prescribed by CPLR 5513(b).

(b) The papers in support of such application must contain a copy of the opinion, if any, and a concise statement of the grounds of alleged error, and shall show whether a similar application was made in the court below.

(c) Applications for certificates or orders granting leave to appeal under the Criminal Procedure Law (C PL 450.15, 460.15) shall be governed by the following special rules:

(1) The application shall be in writing and shall be made and filed with the clerk of this court (with proof of service upon the district attorney or any other prosecutor who appeared for the People in the criminal court in which the order sought to be reviewed was rendered) within 30 days after service upon the applicant of a copy of the order.

(2) The application shall be addressed to the court for assignment to a justice and shall include:

(i) the name and address of the applicant and the name and address of the district attorney or other prosecutor, as the case may be;

(ii) the docket or index number;

(iii) the questions of law or fact which it is claimed ought to be reviewed;

(iv) any other information, data, or matter which the applicant may deem pertinent in support of the application; and

(v) a statement that no prior application for such certificate has been made.

(3) In addition, the papers in support of the application shall include a copy of the order sought to be reviewed and a copy of the memorandum or opinion of the court below or a statement that there was none.

(4) Within 15 days after service upon him of a copy of the application and of the papers, if any, in support thereof, the district attorney or other prosecutor (as the case may be) shall file answering papers or a statement that there is no opposition to the application (with proof of service upon the applicant, if appearing pro se, or upon the attorney making the application on behalf of the applicant). Such answering papers shall include a discussion of the merits of the application or shall state, if such be the case, that the application does not contain any allegations other than those alleged in the papers submitted by the applicant in the court below and that the prosecutor relies on the record, his answering papers contained therein and the memorandum or opinion of such court, if there be any.

(5) Unless the justice designated to determine the application shall in his discretion otherwise direct, the matter shall be submitted and determined upon the foregoing papers and without oral argument.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 731.10