22 CRR-NY 731.4NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE B. COURTS
CHAPTER IV. SUPREME COURT
SUBCHAPTER B. SECOND JUDICIAL DEPARTMENT
ARTICLE 2. APPELLATE TERM
PART 731. RULES OF PRACTICE FOR THE APPELLATE TERMS
22 CRR-NY 731.4
22 CRR-NY 731.4
731.4 Motions—generally.
(a) Unless otherwise required by statute, rule or order of the court or any justice thereof, every motion shall be made returnable at 10:00 a.m. on any Thursday (or if Thursday is a legal holiday, the next business day of the week), and on such other days as the court may direct and shall be submitted without oral argument. Cross motions shall be made returnable on the same day as the original motion and shall be served personally, by overnight delivery service or by electronic means, and filed at least three days before the return date.
(b) All motions initiated by notice of motion shall be filed with the chief clerk at least one week before the return date. All papers in opposition or in reply shall be filed with the chief clerk before 5:00 p.m. of the business day preceding the return date. All papers in opposition to any motion by an order to show cause or in reply thereto, shall be filed with the chief clerk on or before 5:00 p.m. of the return date. The originals of all such papers shall be filed.
(c) Unless otherwise directed by the court, a motion shall be served with sufficient notice to all parties as prescribed by CPLR 2214(b) and in a manner set forth in CPLR 2013. Answering and reply documents, if any, shall be served within the time period prescribed by CPLR 2214(b) or as directed by a justice of the court. In computing the notice period, the date upon which service is made shall not be included.
(d) The papers in support of every motion or proceeding must contain a copy of:
(1) the notice of appeal or other paper which first invoked the jurisdiction of this court;
(2) the order, judgment, or determination sought to be reviewed and the decision, if any; and
(3) all papers and exhibits upon which the motion is based.
(e) The chief clerk may reject papers or deem a motion to be withdrawn or abandoned for the failure to comply with any of these rules.
(f) Poor person relief.
(1) All appeals. An affidavit in support of a motion for permission to proceed as a poor person, with or without a request for assignment of counsel, shall set forth the amount and sources of the movant’s income; that the movant is unable to pay the costs, fees and expenses necessary to prosecute or respond in the matter; whether trial counsel was assigned or retained; whether any other person is beneficially interested in any recovery sought and, if so, whether every such person is unable to pay such costs, fees and expenses; and such other information as the court may require.
(2) In a civil appeal, an affidavit in support of a motion for permission to proceed as a poor person shall, in addition to meeting the requirements of paragraph (1) of this subdivision, set forth sufficient facts so that the merit of the contentions can be ascertained (CPLR 1101[a]).
(3) Civil appeals. Applicants for poor person relief in civil appeals shall comply with the service requirements of CPLR 1101(c).
(4) Criminal appeals. In a criminal appeal, an affidavit in support of a motion for permission to proceed on appeal as a poor person shall, in addition to meeting the requirements of paragraph (1) of this subdivision, set forth the following: the date and county of conviction; whether the defendant is at liberty or in custody; the name and address of trial counsel; whether trial counsel was appointed or retained and, if retained, the source of the funds for such retention and an explanation as to why similar funds are not available to retain appellate counsel; whether the defendant posted bail during the trial proceedings; and, if bail was posted and the defendant is currently in custody, an explanation as to why the funds used to post such bail are not available to retain appellate counsel.
(g) Admission pro hac vice.
An attorney and counselor-at-law or the equivalent may apply for permission to appear pro hac vice with respect to a particular matter pending before the court pursuant to 22 NYCRR 520.11 by providing an affidavit stating that the applicant is a member in good standing in all the jurisdictions in which the applicant is admitted to practice and that the applicant is associated with a member in good standing of the New York bar, which member shall be the attorney of record in the matter. The applicant shall attach to the affidavit an original certificate of good standing from the court or other body responsible for regulating admission to the practice of law in the state in which the applicant maintains his or her principal office for the practice of law. The New York attorney of record in the matter shall provide an affirmation in support of the application.
(h) Leave to file amicus curiae brief.
A person or entity who is not a party to an appeal or proceeding may make a motion to serve and file an amicus curiae brief. An affidavit or affirmation in support of the motion shall briefly set forth the issues to be briefed and the movant’s interest in the issues, and shall include one copy of the proposed brief. The proposed brief may not duplicate arguments made by a party to the appeal or proceeding. Unless permitted by the court, a person or entity granted permission to file an amicus curiae brief shall not be entitled to oral argument.
22 CRR-NY 731.4
Current through June 30, 2021
End of Document