N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.2

Current through Register Vol. 46, No. 22, May 29, 2024

Section 1000.2 - Appeal defined; time limitations; perfection of appeals; responding and reply briefs

(a) Appeal defined. For the purposes of these rules the word appeal shall mean appeal or cross appeal, unless otherwise indicated by text or context.

(b) Perfecting appeals generally. Unless otherwise provided by statute, rule or order of this court or justice of this court, all appeals shall be perfected pursuant to section 1000.3 of this Part within 60 days of service on the opposing party of the notice of appeal. An appeal not perfected within the 60- day period is subject to dismissal on motion pursuant to section 1000.12(a) of this Part. An appeal or cross appeal not perfected within nine months of service of the notice of appeal is subject to dismissal without motion pursuant to section 1000.12(b) of this Part.

(c) Perfecting appeals in which counsel has been assigned.

(1) Appeals taken pursuant to Family Court Act. An appeal taken pursuant to the Family Court Act in which this court has assigned counsel shall be perfected within 60 days of receipt of the transcript of the proceedings upon which the order or judgment appealed from is based, as provided in Family Court Act, section 121(7).

(2) Appeals taken pursuant to Criminal Procedure Law. An appeal taken pursuant to the Criminal Procedure Law in which this court has assigned counsel shall be perfected within 120 days of receipt of the transcript of the proceedings upon which the judgment appealed from is based, as provided in section 1021.1(a)(3) of this Title.

(d) Respondent's briefs. Unless otherwise provided by order of this court or justice of this court, a respondent or respondent-appellant shall file and serve briefs within 30 days of service of the brief of the appellant or appellant-respondent. If a respondent or respondent-appellant elects not to submit a brief, that party shall notify the court in writing prior to the expiration of the 30-day period. The failure to timely submit a brief or to timely notify the court that the party does not intend to file a brief may result in the imposition of sanctions pursuant to section 1000.16(a) of this Part.

(e) Reply briefs. Unless otherwise provided by order of this court or justice of this court, an appellant or appellant-respondent may file and serve reply briefs within 10 days of service of the brief of respondent or respondent-appellant.

(f) Surreply briefs. Unless otherwise provided by order of this court or justice of this court, a respondent-appellant may file and serve surreply briefs within 10 days of service of the reply brief of appellant-respondent. The contents of a surreply brief are to be limited to issues raised by a cross appeal. In the absence of a cross appeal, surreply briefs shall not be permitted.

(g) Appendices. When the filing of an appendix is authorized, it shall be filed and served by a party at the same time that the party files and serves a brief.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1000.2