N.Y. Comp. Codes R. & Regs. tit. 22 § 730.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 730.1 - Establishment and jurisdiction of Appellate Terms

The Appellate Division of the Supreme Court, Second Judicial Department, pursuant to the authority vested in it, does hereby, effective January 2, 1968 and as amended:

(a)

(1) Establish an Appellate Term of the Supreme Court in and for the Second, Eleventh, and Thirteenth Judicial Districts, which shall be held from time to time at such places in those judicial districts as may be designated by the Chief Administrator of the Courts.

(2) The Chief Administrator of the Courts shall, with the approval of the presiding justice of the Appellate Division, Second Judicial Department, designate the Supreme Court justices assigned to the Appellate Term of the Supreme Court in and for the Second, Eleventh, and Thirteenth Judicial Districts.

(b) Direct that the Appellate Term of the Supreme Court in and for the Second, Eleventh, and Thirteenth Judicial Districts, hereinabove established, shall have jurisdiction to hear and determine all appeals authorized by law to be taken:

(1) from an order or judgment of the Civil Court of the City of New York entered in the counties of Kings, Queens and Richmond, and

(2) from a judgment, sentence or order of the Criminal Court of the City of New York in any of said counties.

(c)

(1) Establish an Appellate Term of the Supreme Court in and for the ninth and tenth judicial districts which shall be held from time to time at such places in those judicial districts as may be designated by the Chief Administrator of the Courts.

(2) The Chief Administrator of the Courts shall, with the approval of the Presiding Justice of the Appellate Division, Second Judicial Department, designate the Supreme Court justices assigned to the Appellate Term of the Supreme Court in and for the ninth and tenth judicial districts.

(d) Direct that the Appellate Term of the Supreme Court in and for the ninth and tenth judicial districts, hereinabove established, shall have jurisdiction to hear and determine all appeals now or hereafter authorized by law to be taken to the County Court or to the Appellate Division from any court in any county within the ninth judicial district or the tenth judicial district other than appeals from the Supreme Court, the Surrogate's Court, the Family Court or criminal appeals from the County Court.

(1) Direct that an appeal authorized by C PL 450.10 and 450.20 to be taken to intermediate courts shall be taken to the Appellate Term of the Supreme Court in and for the ninth and tenth judicial districts, hereinabove established, in accordance with its rules applicable thereto but not inconsistent with the applicable provisions of the CPL, where such appeal is from a judgment, sentence or order of a local criminal court and all classifications thereof (as defined and set forth in C PL 10.10) located in this department but outside New York City.

(2) In addition to, but not in limitation of the foregoing, such Appellate Term shall have jurisdiction to hear and determine all appeals:

(i) from the District Court of Nassau County, the District Court of Suffolk County and any other district court hereafter established in any county within the ninth judicial district; and

(ii) from any town, village or city court within either the ninth judicial district or the tenth judicial district; and

(iii) in civil matters, from any county court within either the ninth judicial district or the tenth judicial district.

(e) The Appellate Term of the Supreme Court in and for the Second, Eleventh, and Thirteenth Judicial Districts and the Appellate Term of the Supreme Court in and for the Ninth and Tenth Judicial Districts shall jointly employ the nonjudicial personnel heretofore appointed to and employed in the predecessor Appellate Term previously discontinued, reserving for further order the disposition to be made of the books, records, papers, documents, furniture, equipment and other property of such predecesor Appellate Term, which in the interim shall be held jointly by, and may be used in the conduct severally of the business of, the aforesaid separate Appellate Terms hereby established.

(f) Direct that all motions addressed to either of the Appellate Terms shall be made returnable and all briefs, stipulations, and correspondence shall be filed in the Office of the Clerk of the Court, 141 Livingston Street, 15th Floor, Brooklyn, New York 11201.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 730.1