N.Y. Comp. Codes R. & Regs. tit. 22 § 510.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 510.9 - Preliminary appeal statements

The following procedures shall apply in all capital appeals except those appeals taken pursuant to C PL 460.40(3) from an order of a superior court granting or denying a motion for a stay of execution.

(a) For issue identification and case management purposes only, within 30 days after the filing of the record on appeal in the Court of Appeals, appellant's counsel shall file with the clerk of the Court of Appeals, with proof of service of one copy on respondent's counsel, two copies of a preliminary appeal statement, which shall include:

(1) the title of the case;

(2) the court from which the appeal is taken;

(3) a copy of the judgment or order of the superior court appealed from;

(4) a copy of any other written order brought up for review;

(5) a copy of all written decisions of the superior court; and

(6) a preliminary, nonbinding statement of issues likely to be raised on appeal.

(b) Within 10 days after service of appellant's preliminary appeal statement, respondent's counsel may file with the clerk of the Court of Appeals, with proof of service of one copy on appellant's counsel, two copies of a preliminary appeal statement which sets forth any additional matters relevant to the appeal or any disagreement with appellant's preliminary appeal statement.

(c) Where appellant's statement of issues pursuant to paragraph (a)(6) of this section includes an assertion that a statute, or a portion of a statute, is unconstitutional, notice must be given to the Attorney General pursuant to section 510.13 of this Part prior to filing the preliminary appeal statement, and a certification of this notification shall be included in the preliminary appeal statement.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 510.9