N.Y. Comp. Codes R. & Regs. tit. 4 § 213.4

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

Section 213.4 - Motions for leave to file interlocutory exceptions in extraordinary circumstances

(a) Within 10 working days after any interim decision, order or ruling, a party may, consistent with section 212.4(d) of this Chapter, file with the board an original and four copies of a motion seeking leave to file interlocutory exceptions to such interim decision, order or ruling. An original and four copies of a brief in support thereof shall be filed simultaneously as a separate document. A copy of the motion and briefs shall be served simultaneously upon all other parties and proof of such service shall be filed with the board. Should the chairperson authorize electronic filing of such motions and responses thereto, the filing of a signed paper original consistent with this section and electronic filing and service of a copy shall constitute compliance with the filing and service requirements herein contained.

(b) The motion for leave to file interlocutory exceptions shall:

(1) identify the alleged extraordinary circumstances warranting the grant of leave to file exceptions which shall include the factual, legal and/or policy reasons why leave should be granted;

(2) contain the proposed exceptions that shall meet the requirements of section 213.2 of this Part; and

(3) attach copies of pleadings, the decision, order or ruling and relevant excerpts from the record.

(c)Initial review.

After a motion for leave to file exceptions is filed, the deputy chair or agent of the board so designated shall review the motion to determine whether it complies with subdivisions (a) and (b) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 213.4

Amended New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff.8/2/2017