Appellate Division, Fourth Judicial Department 22 NYCRR ...

1 Pursuant to the authority conferred by law upon the Appellate Division of theSupreme Court of the State of New York for the Fourth Judicial Department , it isORDERED that, effective July 1, 2020, 22 NYCRR Part 1000, the rules ofPractice of the Supreme Court, Appellate Division, Fourth Judicial Department , ishereby amended to read as follows (amended text is indicated in bold; material struckthrough is deleted, and material underlined is added) Provisions and Definitions(a) practice rules of the Appellate DivisionThis Part serves as a supplement to, and should be read in conjunction with, thePractice rules of the Appellate Division (22 NYCRR Part 1250) and theElectronic Filing rules of the Appellate Division (22 NYCRR Part 1245).

2 Wherethere is a conflict between this Part and those rules , this Part controls whenpracticing within the Fourth Judicial Department .(b) Sessions of the CourtThe Presiding Justice shall designate by order the terms of Court and the Clerkshall provide notice of designated terms to the Bar. Unless otherwise ordered bythe Presiding Justice, the Court shall convene at 10:00 each day during adesignated term. [Reserved] Filings; Active Management of Causes; Settlement or MediationProgram-2-(a)The Court does not require the filing of an initial informational statement pursuant22 NYCRR (a).

3 (b)The Court does not have a settlement or mediation program pursuant to 22 NYCRR (c). (a) Digital Submissions Required. In matters not subject to electronic filing, except as otherwise provided, allmotion and application papers shall be submitted in digital format throughan email address designated by the Court for that purpose, and shall beserved on all parties electronically to the extent practicable. Where suchpapers are submitted in digital format, no hard copy submission is required. Exempt attorneys and exempt litigants, as defined in 22 NYCRR , areexempt from the digital filing requirement and must file original papers inhard copy in accordance with 22 NYCRR (a).

4 (ab)Proof of service required. In addition to proof of filing of the notice of appeal asrequired pursuant to 22 NYCRR (a) (3), a movant shall submit proof oradmission of service of the notice of appeal. (bc)Order to show cause. An application for an order to show cause pursuant to 22 NYCRR (b) shall be directed to a Justice of this Court with chambers inthe Judicial District from which the appeal or proceeding arises.(cd)Family Court Act 1114 and CPLR 5704 (a). Unless otherwise ordered by aJustice of this Court, an application for a stay pursuant to Family Court Act 1114 or an application pursuant to CPLR 5704 (a) shall be made by order to showcause pursuant to 22 NYCRR (b).

5 (de)Extension of time to file answering or reply documents. Any request for anextension of time to file answering or reply documents pursuant to 22 (a) (5) shall be made by motion, and shall be supported by an affidavitdemonstrating with particularity a reasonable excuse for the delay and an intent tofile the documents within a reasonable time.(ef) Leave to File Amicus Curiae Brief. A motion for leave to file an amicus curiaebrief shall be made in accordance with 22 NYCRR (f), and only one copyof the proposed brief shall be submitted with the motion.

6 When permission to-3-submit an amicus curiae brief is granted, the person or entity to whom it is grantedshall file five hard copies and one digital copy of the brief with proof of service ofone hard copy on each party. A person or entity granted permission to appearamicus curiae shall not be entitled to oral argument unless the Court directsotherwise. (fg)Poor person relief. (1) An affidavit in support of a motion for permission to proceed on appeal asa poor person shall, in addition to the matters listed in 22 NYCRR (d), list(a) the movant s assets with their value; and(b) the number of dependants the movant supports in the movant spresent household.

7 (2)A motion for permission to proceed on appeal as a poor person and forassignment of counsel shall be served upon the County Attorney in thecounty from which the appeal arises. [Reserved] [Reserved] Form and Content of Records and Appendices; Exhibits(a)Proof of filing and service of notice of appeal. All records and appendices shallcontain the notice of appeal with proof of service and filing. (b)Certification of Record or Appendix. Any dispute over a certification of therecord or appendix pursuant to 22 NYCRR (g) or the contents of a recordor appendix so certified shall be directed to the court from which the appeal istaken.

8 (c)Failure to list document. In a criminal matter, the failure of the parties to list inthe stipulation to the record on appeal any transcript, exhibit or other documentthat constituted a part of the underlying prosecution shall not preclude the Courtfrom considering such transcript, exhibit, or other document in determining theappeal. -4-(d) Appendices - criminal appeals. Pursuant to 22 NYCRR (d) (3), in acriminal matter, when permission to proceed as a poor person has been granted,the appendix to be filed and served by the appellant shall contain, in the followingorder: the description of the action required by CPLR 5531; a copy of the noticeof appeal with proof of service and filing; a copy of the certificate of convictionand the judgment from which the appeal is taken; a copy of the indictment,superior court information or other accusatory instrument.

9 All motion papers,affidavits and, to the extent practicable, written and photographic exhibits relevantand necessary to the determination of the appeal; and the stipulation of the partiesor their attorneys to the complete record, the order settling the record, or thecertification of the record pursuant to 22 NYCRR (g). The appellant shallalso file a copy of any prior order entered by this Court or the trial court affectingthe appeal including, but not limited to, an order that: expedites the appeal; grantspermission to proceed on appeal as a poor person or on less than the requirednumber of records and briefs; assigns counsel; grants an extension of time toperfect the appeal; grants a stay or injunctive relief; grants relief from dismissal ofthe appeal; or grants permission to exceed page Form and Content of Briefs(a)Cover color.

10 Except in those appeals in which permission to proceed as a poorperson has been granted, the cover of a hard copy brief of an appellant orpetitioner shall be blue; the cover of a hard copy brief of a respondent shall be red;the cover of a hard copy reply brief shall be gray; the cover of a hard copysurreply brief shall be yellow; and the cover of a hard copy brief of an intervenoror amicus curiae shall be green. The cover of a hard copy pro se supplementalbrief in a criminal appeal shall be white, as shall the cover of a hard copy briefsubmitted by an Attorney for the Child.