In pursuance of section 51 of the Judiciary Law, it is hereby

ORDERED, that Part 500 (22 NYCRR Part 500) and Part 530 (22 NYCRR Part 530) of the present Rules of the Court of Appeals be and they hereby are repealed, effective November 5, 2008, or as soon thereafter as section 52 of the Judiciary Law is complied with, and a new Rules of the Court of Appeals Part 500 (22 NYCRR Part 500) and Part 530 (22 NYCRR Part 530) be and they hereby are enacted to read as follows:

COURT OF APPEALS STATE OF NEW YORK

RULES OF PRACTICE

(a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of 22 NYCRR 130-1.1-a.

(1) Papers filed using a proportionally-spaced typeface. The body of any papers filed using a proportionally-spaced typeface shall be printed in 14-point type. Footnotes shall be printed in type of no less than 12 points.

(2) Papers filed using a monospaced typeface. The body of any papers filed using a monospaced typeface shall be printed in 12-point type containing no more than 10 and one-half characters per inch. Footnotes shall be printed in type of no less than 10 points.

(1) Margins, line spacing and page numbering of computer-generated and typewritten papers filed. Computer-generated and typewritten papers filed shall have margins of one inch on all sides of the page. Text shall be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Pages shall be consecutively numbered in the center of the bottom margin of each page.

(1) proof of service of at least one disk or set on each other party; and

(2) a copy of the parties' stipulation permitting, or the Court's order directing, such filing.

(1) appellant demonstrates exemption from the fee requirements by statute or other authority;

(2) other payment arrangements have been made with the clerk of the Court;

(3) the appeal is accompanied by a motion requesting poor person relief or a motion requesting relief from payment of the filing fee; or

(4) appellant in the Court of Appeals provides a copy of an order issued by any court in the action or proceeding to which the appeal relates granting that party poor person relief, together with a sworn affidavit that the same financial circumstances exist at the time of filing in the Court of Appeals as when the order granting poor person relief was issued.

(1) movant demonstrates exemption from the fee requirements by statute or other authority;

(2) other payment arrangements have been made with the clerk of the Court;

(3) the motion or cross motion is accompanied by a motion requesting poor person relief or a motion requesting relief from payment of the filing fee; or

(4) movant in the Court of Appeals provides a copy of an order issued by any court in the action or proceeding to which the motion relates granting that party poor person relief, together with a sworn affidavit that the same financial circumstances exist at the time of filing in the Court of Appeals as when the order granting poor person relief was issued.

(1) Before argument or submission, an appeal shall be marked withdrawn upon receipt by the clerk of the Court of a stipulation of withdrawal signed by counsel for all parties to the appeal and by all self-represented litigants and, in criminal appeals, additionally by defendant.

(2) After argument or submission, a request to withdraw an appeal shall be supported by a stipulation of withdrawal signed by counsel for all parties to the appeal and by all self-represented litigants and, in criminal appeals, additionally by defendant. The request shall be submitted to the Court for determination.

(1) Before its return date, a motion shall be marked withdrawn upon receipt by the clerk of the Court of a written notice of withdrawal signed by counsel for the moving party, with proof of service of one copy on each other party.

(2) After the return date, a request to withdraw a motion shall be supported by a stipulation of withdrawal signed by counsel for all parties to the motion and by all self-represented litigants. The request shall be submitted to the Court for determination.

(1) questions of discretion, mixed questions of law and fact or affirmed findings of fact, which are subject to a limited scope of review;

(2) recent, controlling precedent;

(3) narrow issues of law not of statewide importance;

(4) nonpreserved issues of law;

(5) a party's request for such review; or

(6) other appropriate factors.

(1) file three copies of the intermediate appellate court record or appendix and three copies of each brief filed by each party in the intermediate appellate court. Original exhibits to be relied upon which are not in the record or appendix at the intermediate appellate court shall be filed or, if they are on file with the clerk of the trial court, subpoenaed to this Court and the Court so advised by letter. Such exhibits shall be clearly identified and, where appropriate, their authenticity shall be certified or stipulated to;

(2) file an original and two copies of a letter stating its arguments in support of appellant's position on the merits. If appellant objects to review pursuant to this section, the letter shall also explain that position;

(3) include as part of its submission a disclosure statement pursuant to section 500.1(f) of this Part, if necessary;

(4) file proof of service of one copy of its arguments on each other party; and

(5) remit the fee, if any, required by section 500.3(a) of this Part.

(1) Appellant may subpoena the original file to this Court from the clerk of the court of original instance or other custodian, and submit original exhibits to be relied upon, and supplement these with an original and 24 copies of an appendix conforming to subdivision (b) below, with proof of service of three copies of the appendix on each other party. If appellant is represented by assigned counsel, or has established indigency, an oral or written request may be made of the clerk of this Court to obtain the original file.

(2) Appellant may file with the clerk of the Court one copy of the reproduced record used at the court below. This record shall be supplemented by an original and 24 copies of an appendix conforming to subdivision (b) below, with proof of service of three copies of the appendix on each other party.

(3) Appellant may file with the clerk of the Court an original and 24 copies of a new and full record which shall include the record used at the court below, the notice of appeal or order granting leave to appeal to this Court, the decision and order appealed from to this Court, and any other decision and order brought up for review, with proof of service of three copies of the new record on each other party.

(1) the notice of appeal or order or certificate granting leave to appeal;

(2) the order, judgment or determination appealed from to this Court;

(3) any order, judgment or determination which is the subject of the order appealed from, or which is otherwise brought up for review;

(4) any decision or opinion relating to the orders set forth in subsections (b)(2) and (3) above; and

(5) the testimony, affidavits, jury charge and written or photographic exhibits useful to the determination of the questions raised on appeal or cited in the brief of the party filing the appendix.

(1) the names of all codefendants in the trial court, if any, and the status of their appeals, if known;

(2) that no application for the same relief has been addressed to a justice of the Appellate Division, as only one application is available;

(3) whether an oral hearing on the application, in person or by telephone conference call, is requested; and

(4) the grounds upon which leave to appeal is sought. Particular written attention shall be given to reviewability and preservation of error, identifying and reproducing the particular portions of the record where the questions sought to be reviewed are raised and preserved.

(1) Orders of intermediate appellate courts determining appeals to those courts. An application for leave to appeal from an intermediate appellate court order determining an appeal taken to that court shall include:

(i) one copy of each brief submitted on defendant's behalf to the intermediate appellate court;

(ii) one copy of each brief submitted by the People to the intermediate appellate court;

(iii) the order and decision of the intermediate appellate court sought to be appealed from;

(iv) all relevant opinions or memoranda of the courts below, along with any other papers to be relied on in furtherance of the application; and

(v) if defendant is a corporation or other business entity, a disclosure statement pursuant to section 500.1(f) of this Part.

(2) Orders of intermediate appellate courts determining applications for writs of error coram nobis. An application for leave to appeal from an intermediate appellate court order determining an application for coram nobis relief shall include:

(i) the order and decision sought to be appealed from;

(ii) the papers in support of and opposing the application filed in the intermediate appellate court; and

(iii) the intermediate appellate court decision and order sought to be vacated, as well as the briefs filed on the underlying appeal, if available.

(1) whether the relief sought has been previously requested;

(2) whether defendant is presently incarcerated and the incarceration status, if known, of any co-defendants; and,

(3) if the defendant is at liberty:

(i) whether a surrender date has been set; and

(ii) the conditions of release (e.g., on defendant's own recognizance or on a set bail amount).

(1) When movant's papers are personally served, movant shall give at least eight days' notice (CPLR 2214[b]).

(2) When movant's papers are served by regular mail, movant shall give at least 13 days' notice (CPLR 2103[b][2]).

(3) When movant's papers are served by overnight delivery service, movant shall give at least nine days' notice (CPLR 2103[b][6]).

(4) When movant's papers are served by facsimile transmission, movant shall comply with CPLR 2103(b)(5), and give at least eight days' notice.

(1) Motions for permission to appeal in civil cases. Movant shall file an original and six copies of its papers, with proof of service of two copies on each other party. Respondent may file an original and six copies of papers in opposition to the motion, with proof of service of two copies on each other party.

(2) Motions for reargument of appeals, reargument of motions for permission to appeal and reargument of decisions on certified questions. Movant shall file an original and six copies of its papers, with proof of service of two copies on each other party. Respondent may file an original and six copies of papers in opposition to the motion, with proof of service of two copies on each other party.

(3) Other motions. For motions other than those addressed in subsections (d)(1) and (2) above, movant shall file an original and one copy of its papers, with proof of service of one copy on each other party. Respondent may file an original and one copy of papers in opposition to the motion, with proof of service of one copy on each other party.

(1) the motion requests poor person relief and contains the information required by CPLR 1101(a), or

(2) movant provides a copy of an order, issued by any court in the action or proceeding to which the motion relates, granting that party poor person relief, together with a sworn affidavit that the same financial circumstances exist at the time of filing in the Court of Appeals as when the order granting poor person relief was issued.

(1) A notice of motion (see CPLR 2214).

(2) A statement of the procedural history of the case, including a showing of the timeliness of the motion.

(i) If no prior motion for leave to appeal to the Court of Appeals was filed at the Appellate Division, movant's papers to this Court shall demonstrate timeliness by stating the date movant was served (see CPLR 2103[b]) with the order or judgment sought to be appealed from, with notice of entry.

(ii) If a prior motion for leave to appeal to the Court of Appeals was filed at the Appellate Division, movant's papers filed in this Court shall demonstrate that the timeliness chain is intact by stating:

(3) A showing that this Court has jurisdiction of the motion and of the proposed appeal, including that the order or judgment sought to be appealed from is a final determination or comes within the special class of nonfinal orders appealable by permission of the Court of Appeals (see CPLR 5602[a][2]).

(4) A concise statement of the questions presented for review and why the questions presented merit review by this Court, such as that the issues are novel or of public importance, present a conflict with prior decisions of this Court, or involve a conflict among the departments of the Appellate Division. Movant shall identify the particular portions of the record where the questions sought to be reviewed are raised and preserved.

(5) A disclosure statement pursuant to section 500.1(f) of this Part, if required.

(6) Copies of the order or judgment sought to be appealed from with notice of entry, as well as copies of all relevant orders, opinions or memoranda rendered in the courts below. The papers shall state if no opinion was rendered.

(1) Amicus curiae relief on normal course appeals and normal course certified questions.

(i) Movant shall file an original and one copy of its motion papers, accompanied by an original amicus brief, with proof of service of one copy of the motion and one copy of the brief on each other party.

(ii) If the motion is granted, 24 copies of the brief shall be filed, with proof of service of three copies on each party, within the time set by the Court's order.

(iii) The motion shall be noticed for a return date no later than the Court session preceding the session in which argument or submission of the appeal or certified question is scheduled. When an appeal or certified question is scheduled for argument or submission during the Court's January or September session, the motion shall be noticed for a return date no later than the first Monday in December or the first Monday in August, respectively.

(2) Amicus curiae relief on appeals and certified questions selected for review by the alternative procedure. Movant shall file an original and one copy of its papers, accompanied by an original and two copies of the proposed submission, with proof of service of one copy on each other party. The motion shall be noticed for a return date no later than the filing date set for respondent's submission on the appeal.

(3) Amicus curiae relief on motions for permission to appeal in civil cases. Movant shall file an original and one copy of its papers, accompanied by an original amicus brief, with proof of service of the motion and one copy of the brief on each other party. The motion shall be noticed for a return date as soon as practicable after the return date of the motion for permission to appeal to which it relates. Movant may expressly request that, if amicus relief is granted on the motion for permission to appeal, and if permission to appeal is granted, leave also be granted for movant to submit an amicus brief on the appeal. Absent such request and the grant of such leave, the granting of a motion to appear amicus curiae on a motion for permission to appeal does not authorize the movant to appear amicus on the subsequent appeal. In such case, a new motion for amicus curiae relief on the appeal must be brought pursuant to subsection (a) (1) or (2) above.

(4) Criteria. Movant shall not present issues not raised before the courts below. A motion for amicus curiae relief shall demonstrate that:

(i) the parties are not capable of a full and adequate presentation and that movants could remedy this deficiency;

(ii) the amicus could identify law or arguments that might otherwise escape the Court's consideration; or

(iii) the proposed amicus curiae brief otherwise would be of assistance to the Court.

(5) Opposing papers. Respondent may file an original and one copy of papers in opposition to the motion, with proof of service of one copy on each other party.

(1) Amicus curiae relief on motions for permission to appeal in civil cases. The Attorney General shall file an original and one copy of the submission with proof of service of one copy on each other party. The submission shall be filed without leave of the Court on or before the return date of the motion for permission to appeal.

(2) Amicus curiae relief on normal course appeals and normal course certified questions. See Rule 500.12(e).

(3) Amicus curiae relief on appeals and certified questions selected for review by the alternative procedure. See Rule 500.11(j).

(1) Appellant shall immediately contact the clerk's office by telephone upon receipt of the order from which the appeal is taken.

(2) Appellant shall immediately orally notify each other party of the appeal.

(3) Within the time directed by the clerk of the Court, appellant shall file:

(i) a copy of the notice of appeal or order granting leave and a preliminary appeal statement with proof of service on each other party;

(ii) 25 copies of appellant's Appellate Division brief and, where applicable, the record or appendix;

(iii) the original file, where applicable, which appellant shall obtain;

(iv) the fee, if any, required by section 500.3(a) of this Part;

(v) an original and 24 copies of a letter setting forth appellant's arguments in this Court with proof of service of one copy on each other party; and

(vi) additional papers, if requested.

(4) Within the time directed by the clerk of the Court, respondent shall submit 25 copies of its Appellate Division brief, and may submit an original and 24 copies of a letter in opposition with proof of service of one copy on each other party.

(1) Movant shall immediately contact the clerk's office by telephone upon receipt of the order from which movant seeks leave to appeal.

(2) Movant shall immediately orally notify each other party of the motion.

(3) Within the time directed by the clerk of the Court, movant shall file:

(i) an original and nine copies of a letter requesting permission to appeal with proof of service of one copy on each other party;

(ii) 10 copies of the Appellate Division decision and order;

(iii) 10 copies of the Supreme Court decision and order;

(iv) 10 copies of movant's Appellate Division brief and, where applicable, the record or appendix;

(v) the original file, where applicable, which movant shall obtain; and

(vi) the fee, if any, required by section 500.3(b) of this Part.

(4) Within the time directed by the clerk of the Court, respondent shall submit 10 copies of its Appellate Division brief, and may submit an original and nine copies of a letter in opposition with proof of service of one copy on each other party.

COURT OF APPEALS STATE OF NEW YORK

(i) the parties are not capable of full and adequate presentation and that the movant could remedy this deficiency;

(ii) the movant could identify law or arguments that might otherwise escape the Court's consideration; or

(iii) the proposed amicus curiae brief otherwise would be of assistance to the Court.

(b) After argument or submission, a request to withdraw a review shall be supported by a stipulation of withdrawal signed by counsel for all parties and by petitioner Judge or Justice personally. The request shall be submitted to the Court for determination.