N.Y. Comp. Codes R. & Regs. tit. 22 § 731.4

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

Section 731.4 - Calendar of appeals

(a) The general calendar shall consist of:

(1) all appeals in civil cases in which records on appeal have been filed with the clerk of this court; and

(2) all appeals in criminal cases in which a duplicate notice of appeal or an affidavit of errors and the court's return have been transmitted to said clerk as provided in C PL 460.10(1)(e), 460.10(2) and 460.10(3)(d).

(b) 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 five copies of the appellant's brief as set forth in subdivision (c) of this section.

(c) The original and five copies of the appellant's brief, with proof of service of one copy, shall be filed with the court, within the time prescribed by section 731.8 of this Part. In addition to the foregoing, in criminal appeals 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, such copy to be returned by the respondent to the appellant upon the argument or submission of the appeal. The original and five copies of the respondent's brief, with proof of service of one copy, shall be filed not more than 21 days after service of the appellant's brief. The original and five copies of a reply brief, with proof of service of one copy, shall be filed not more than seven days after service of respondent's brief.

(d) A day calendar listing the appeals scheduled for argument or submission on a particular date shall be published in the New York Law Journal not less than 12 days prior to such date. Appellants and respondents, or their attorneys, shall be notified of the calendar date by mail not less than five days prior to such date. Notification by either of such means shall be deemed sufficient.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 731.4