N.Y. Comp. Codes R. & Regs. tit. 22 § 731.7

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

Section 731.7 - Time, number and manner of filing appeals; extensions of time

(a) An appeal on the general calendar in which a record has been filed may be placed on the appeal calendar to be assigned to an appointed term by filing an original and four copies of the appellant's brief as set forth in subdivisions (b) and (c) of this section.

(b)

(1) In an appeal in a civil action or proceeding, the original and four copies of the appellant's brief, with proof of service of one copy upon each of the parties to the appeal, shall be filed with the court within six months of the date of filing of the notice of appeal.

(2) For appeals in which a reproduced printed record is required by section 731.9(a)(2) of this Part, the reproduced printed record must be served and filed in accordance with that section prior to or in conjunction with the service and filing of the appellant's brief. An additional copy of the brief and reproduced printed record on appeal shall be filed digitally in accordance with instructions provided on the court's website at www.nycourts.gov/courts/AD2/AppellateTerm.shtml.

(c) In an appeal in a criminal action or proceeding, the original and four copies of the appellant's brief, with proof of service of one copy upon each of the parties to the appeal, shall be filed with the court within six months of the taking of the appeal pursuant to C PL 460.10(2) or C PL 460.10(3)(c). Proof of service upon the respondent of one copy of a transcript of the minutes of all proceedings shall be filed together with the appellant's brief. The copy of the transcript shall be returned by the respondent to the appellant upon the argument or submission of the appeal.

(d)

(1) The original and 4 copies of a respondent's brief, with proof of service of 1 copy, shall be filed not more than 21 days after service of the appellant's brief. The original and 4 copies of a reply brief, with proof of service of 1 copy, shall be filed not more than 7 days after service of the last served respondent's brief.

(2) For appeals in which a reproduced printed record is required by section 731.9(a)(2) of this Part, an additional copy of the respondent's brief and the reply brief shall be filed digitally in accordance with instructions provided on the court's website at www.nycourts.gov/courts/AD2/AppellateTerm.shtml.

(e) A calendar listing the appeals scheduled for argument or submission on a particular date shall be published in the New York Law Journal and/or on the court's website not less than 12 days prior to such date. Appellants and respondents, or their attorneys, shall also be notified of the calendar date by mail or email not less than five days prior to such date. Notification by any of the aforesaid methods shall be deemed sufficient notice.

(f)Concurrent and cross appeals.

(1) All parties appealing from the same order or judgment on an appeal perfected on a reproduced full record pursuant to section 731.9(a)(2) of this Part, shall consult and thereafter file a joint record which shall include copies of all notices of appeal, unless otherwise ordered by the court. The cost of the joint record and the transcript, if any, shall be borne equally by the appealing parties.

(2) The joint record and the briefs of concurrent appellants shall be served and filed together. The time to do so in accordance with subdivisions (a) and (b) of this section shall be measured from the latest date on the several concurrent notices of appeal.

(3) The answering brief on a cross appeal shall be served and filed not more than 21 days after service of the appellant's brief or briefs and the joint record, if applicable, and it shall include the points of argument on the cross appeal. An appellant's reply brief may be served and filed not more than 21 days after service of the answering brief. A cross appellant's reply brief may be served and filed not more than 7 days after service of an appellant's reply brief.

(g)Extensions 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 extension of time to perfect or to serve and file a brief may be obtained as follows:

(1) By stipulation. The parties may stipulate to extend the time to perfect an appeal by up to 60 days, to file an answering brief by up to 21 days, and to file a reply brief by up to 7 days. Not more than one such stipulation per perfection or filing shall be permitted. Such a stipulation shall not be effective unless filed with the court.

(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 chief clerk or a justice may grant reasonable extensions of time to comply. An application pursuant to this paragraph shall be made by letter, addressed to the chief 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 731.4 of this Part.

(h) Every application for an extension of time or for an adjournment in an appeal from a judgment of conviction in a criminal action or proceeding, whether on motion or stipulation, shall include, in addition to a showing of good cause, a statement subscribed by counsel setting forth:

(1) the sentence imposed and whether the defendant is free on bail or on his own recognizance by reason of the issuance of an order pursuant to C PL 460.50 and, if so, the date of such order and the name of the judge who issued the same; and

(2) whether the court has previously granted any extension of time.

(i) Where such application pertains to an appeal in a criminal action which is on the dismissal calendar referred to in section 731.8(c) of this Part, such application shall be filed with the chief clerk at least two days prior to the day on which the appeal is scheduled to appear on such calendar.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 731.7