N.Y. Comp. Codes R. & Regs. tit. 22 § 500.24

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

Section 500.24 - Motions for reargument of appeals, motions and decisions on certified questions

(a) Filing and notice. In addition to the submission in digital format required by subsection 500.24(g) of this section, movant shall file an original and one copy of its motion, with proof of service of one copy on each other party.

(b) Timeliness. Movant shall serve the notice of motion not later than 30 days after the appeal, certified question or motion sought to be reargued has been decided, unless otherwise permitted by the court.

(c) Content. The motion shall state briefly the ground upon which reargument is sought and the points claimed to have been overlooked or misapprehended by the court, with proper reference to the particular portions of the record and to the authorities relied upon.

(d) New matters. The motion shall not be based on the assertion for the first time of new arguments or points of law, except for extraordinary and compelling reasons.

(e) Limitation on motions. The court shall entertain only one motion per party for reargument of a specific appeal, motion or certified question decision.

(f) Opposing papers. In addition to the submission in digital format required by subsection 500.24(g) of this section, respondent may file an original and one copy of papers in opposition to the motion, with proof of service of one copy on each other party. The opposing papers shall briefly state respondent's argument for dismissal or denial of the motion.

(g) Companion submission in digital format. Unless a request to be relieved of the digital filing requirement is submitted pursuant to subsection 500.2(e) of this Part, each party shall submit in digital format its motion or opposition papers. The motion or opposition papers in digital format shall be identical to the filed original printed motion or opposition papers, except the digital filing need not contain an original signature. All material submitted under this section shall comply with the technical specifications and instructions for submission available from the Clerk's Office. The companion motion and opposition papers in digital format shall be submitted within seven days of the return date of the motion.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.24

Amended New York State Register May 27, 2020/Volume XLII, Issue 21, eff. 5/27/2020