22 CRR-NY 730.2NY-CRR
22 CRR-NY 730.2
22 CRR-NY 730.2
730.2 General provisions and definitions.
(a) Unless otherwise indicated, any reference to the court means the Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts and the Appellate Term for the Ninth and Tenth Judicial Districts.
(b) Unless the context requires otherwise, as used in this Part and Part 731 of this Title:
(1) The word perfection refers to the requirements for placing an appeal on the court’s appeal calendar.
(2) The term cross appeal refers to an appeal taken by a party whose interests are adverse to a party who previously appealed from the same order or judgment as relates to that appeal and cross appeal.
(3) The word concurrent, when used to describe appeals, refers to those appeals which have been taken separately from the same order or judgment by parties whose interests are not adverse to one another as relates to those appeals.
(4) The word consolidation refers to the combining of two or more appeals arising out of the same action or proceeding in one record and one brief.
(5) The term chief clerk refers to the Chief Clerk of the Appellate Terms of the Supreme Court, Second Judicial Department.
(c) All records, briefs, motions, affirmations, and other submissions will be deemed filed only as of the time they are actually received by the chief clerk and they shall be accompanied by proof of service upon all necessary parties pursuant to CPLR 2103.
(d) If a period of time prescribed by Part 731 of this Title is measured from the service of a record, brief, or other submission and service is by mail, five days shall be added to the prescribed period. If service is by overnight delivery, one day shall be added to the prescribed period.
(e) Unless the context requires otherwise, if a period of time prescribed by Part 731 of this Title for the performance of an act ends on a Saturday, Sunday, or public holiday, the act will be deemed timely if performed before the close of business on the next business day.
(f) An Appellate Term docket number will be assigned to every appeal. All papers and correspondence thereafter filed shall prominently display the applicable docket number or numbers in the upper left-hand corner of the first page above the title of the case.
(g) Signing of documents.
The original of every hard copy document submitted for filing in the Office of the Chief Clerk shall be signed in ink in accordance with the provisions of section 130-1.1-a(a) of this Title. Copies of the signed original shall be served upon all parties to the appeal and shall be filed in the Office of the Chief Clerk whenever multiple copies of a submission are required to be served and filed in accordance with the provisions of this Part.
(h) Appearance of counsel.
(1) Counsel who has filed a notice of appeal on behalf of a party shall be regarded as counsel of record for that party in this court, except where:
(i) the notice of appeal contains a statement indicating that counsel has not been retained for purposes of appeal; or
(ii) counsel who filed the notice of appeal was assigned in the court of original instance, and that assignment has not been extended to the appeal by statute, order or rule.
(2) In any matter in which counsel files a document in this court on behalf of a party who is not otherwise represented by counsel of record in this court, filing counsel shall be regarded as counsel of record for that party in this court.
(3) Unless the court directs otherwise, there shall be only one counsel of record for a party in connection with any matter pending in this court.
(4) Counsel of record may be changed by:
(i) the filing of a consent to change attorney or substitution of counsel in this court which is on notice to all parties, executed by both counsel of record and incoming counsel, if there is one, and signed and acknowledged by the affected party; or
(ii) successfully moving this court for permission to withdraw as counsel.
(5) Upon the filing of a notice of appearance on notice to all parties in a cause or matter, counsel shall be regarded as counsel of record for a party who is not otherwise represented in this court in connection with the cause or matter.
(6) Counsel who is retained by counsel of record to serve as appellate counsel may inform the court as to that status by filing a writing indicating same on notice to all parties. All records, appendices and briefs filed by the appellate counsel must bear the name, address, telephone number and e-mail address of counsel of record, along with that of appellate counsel, and must indicate appellate counsel’s status as such.
22 CRR-NY 730.2
Current through August 31, 2021
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