Rules of the Appellate Division Fourth Department

1 Rules of the Appellate Division Fourth Department M. Dolores Denman Courthouse 50 east Avenue Rochester, New York 14604 Telephone: As Amended to October 1, 2016 Printed 2016 RULE and Sessions of Defined; Time Limitations; Perfection of Appeals; Responding and Reply Briefs .. Documents; Perfection of Appeals; in which poor person relief has been methods of and reply briefs in criminal of papers in criminal appeals by the filings on and Form of Records, Appendices and Briefs; ExhibitsRecord on in consolidated in lieu of complete - CPLR article - criminal Taken Pursuant to the Election on Submitted People's Appeals Pursuant to CPL (1-a).. of Appeals and of Appeals for Failure to to show of judgment in criminal pursuant to Family Court for failure to of time to dismissal of of time to file of time to take criminal amicus pro hac vice on a particular or adjourn to appeal pursuant to CPL and leave to appeal to Court of of counsel; assigned criminal Number of ; Signing of and of Motion, Appeal or Proceeding;Settlement of Appeal or Proceeding or Issue Recording and Audio-visual Coverage of Court and Sealed Pro Hac of Criminal Defense of Counsel in Family Court and Surrogate s ( )TERMS AND SESSIONS OF Presiding Justice shall designate by order the terms of Court,and the Clerk shall provide notice of designated terms to the otherwise ordered by the Presiding Justice, the Court shallconvene at 10 each day during a designated term.

2 ( )APPEAL DEFINED; TIME LIMITATIONS; PERFECTION OFAPPEALS; RESPONDING AND REPLY BRIEFS.(a)Appeal the purposes of these Rules the word "appeal" shall meanappeal or cross appeal, unless otherwise indicated by text orcontext.(b)Perfecting appeals otherwise provided by statute, rule or order of this Courtor Justice of this Court, all appeals shall be perfected pursuantto 22 NYCRR within 60 days of service on the opposingparty of the notice of appeal. An appeal not perfected within the60-day period is subject to dismissal on motion pursuant to 22 NYCRR (a). An appeal or cross appeal not perfectedwithin nine months of service of the notice of appeal is subjectto dismissal without motion pursuant to 22 NYCRR (b).-2-(c)Perfecting appeals in which counsel has been assigned.(1)Appeals taken pursuant to Family Court appeal taken pursuant to the Family Court Act in whichthis Court has assigned counsel shall be perfected within60 days of receipt of the transcript of the proceedings uponwhich the order or judgment appealed from is based, asprovided in Family Court Act 1121 (7).

3 (2)Appeals taken pursuant to Criminal Procedure appeal taken pursuant to the Criminal Procedure Lawin which this Court has assigned counsel shall be perfectedwithin 120 days of receipt of the transcript of theproceedings upon which the judgment appealed from isbased, as provided in 22 NYCRR (a) (3).(d)Respondent s otherwise provided by order of this Court or Justice ofthis Court, a respondent or respondent-appellant shall file andserve briefs within 30 days of service of the brief of theappellant or appellant-respondent. If a respondent orrespondent-appellant elects not to submit a brief, that partyshall notify the Court in writing prior to the expiration of the 30-day period. The failure to timely submit a brief or to timelynotify the Court that the party does not intend to file a brief mayresult in the imposition of sanctions pursuant to 22 (a).-3-(e)Reply otherwise provided by order of this Court or Justice ofthis Court, an appellant or appellant-respondent may file andserve reply briefs within 10 days of service of the brief ofrespondent or respondent-appellant.

4 (f)Surreply otherwise provided by order of this Court or Justice ofthis Court, a respondent-appellant may file and serve surreplybriefs within 10 days of service of the reply brief of appellant-respondent. The contents of a surreply brief are to be limitedto issues raised by a cross appeal. In the absence of a crossappeal, surreply briefs shall not be permitted.(g) the filing of an appendix is authorized, it shall be filed andserved by a party at the same time that the party files andserves a brief.( )NECESSARY DOCUMENTS; PERFECTION OF APPEALS;BRIEFS.(a)Complete and timely filing all appeals, a complete and timely filing is required. TheClerk shall reject a partial or untimely filing.(b)Perfecting appeals in appeals in which permission to proceed as a poorperson has been granted, or except as otherwise provided byrule or Court order, an appellant or appellant-respondent shallmake a complete filing that shall consist of: a complete record,along with the original stipulation executed by all the parties ortheir attorneys or the original order settling the record; 10additional copies of the record; 10 copies of the brief; proof ofservice of two copies of the record and brief on each opposingparty to the appeal; when necessary, a demand for exhibits(see, 22 NYCRR [g] [3]) with proof of service thereof;the filing fee as required by CPLR 8022; and a copy of any priororder entered by this Court or the trial court affecting the appealincluding, but not limited to, an order that: expedites the appeal.

5 Grants permission to proceed on appeal as a poor person or onless than the required number of records; assigns counsel;grants an extension of time to perfect the appeal; grants a stayor injunctive relief; grants relief from dismissal of the appeal; orgrants permission to exceed page limitations provided for by 22 NYCRR (f) (3).(c)Appeals in which poor person relief has been granted.(1)Criminal otherwise directed by Court order, in a criminalappeal in which poor person relief has been granted by thisCourt, the appellant shall file 10 copies of a brief with proof-5-of service of one copy on each opposing party to theappeal; a certified transcript of the trial or hearing, if any; acopy of the Pre-Sentence Investigation Report, if relevantto the appeal; when necessary, a demand for exhibits (see,22 NYCRR [g] [3]) with proof of service thereof; andone copy of an appendix with proof of service of one copyon each opposing party.

6 The appendix shall contain thedescription of the action pursuant to CPLR 5531; a copy ofthe notice of appeal along with proof of service and filing;a copy of the certificate of conviction and the judgment ofthe court from which the appeal is taken; a copy of theindictment, superior court information or other accusatoryinstrument; a copy of any motion papers, affidavits and, tothe extent practicable, written and photographic exhibitsthat are relevant and necessary to the determination of theappeal; and the original stipulation to the record executedby all the parties or their attorneys or the original ordersettling the record. The appellant shall also file a copy ofany prior order entered by this Court or the trial courtaffecting the appeal including, but not limited to, an orderthat: expedites the appeal; grants permission to proceedon appeal as a poor person or on less than the requirednumber of records; assigns counsel; grants an extensionof time to perfect the appeal; grants a stay or injunctiverelief; grants relief from dismissal of the appeal; or grantspermission to exceed page limitations provided for by 22 NYCRR (f) (3).

7 (2)Civil a civil appeal in which poor person relief has beengranted by this Court (including appeals taken pursuant to-6-the Family Court Act, appeals in proceedings takenpursuant to article 78 of the CPLR, appeals taken pursuantto the Sex Offender Registration Act and appeals inhabeas corpus proceedings) or in which the appellant isthe Attorney for the Child and, unless otherwise directed byCourt order, the appellant or appellant-respondent shall file10 copies of a brief with proof of service of one copy oneach opposing party to the appeal and one copy of thecomplete record on appeal along with the originalstipulation to the record executed by all parties or theirattorneys or the original order of settlement, proof ofservice of one copy of the record on each other party to theappeal and, when necessary, a demand for exhibits (see,22 NYCRR [g] [3]), with proof of service shall also file a copy of any prior order enteredby this Court or the trial court affecting the appealincluding, but not limited to, an order that: expedites theappeal; grants permission to proceed on appeal as a poorperson or on less than the required number of records;assigns counsel; grants an extension of time to perfect theappeal; grants a stay or injunctive relief; grants relief fromdismissal of the appeal; or grants permission to exceedpage limitations provided for by 22 NYCRR (f) (3).

8 (d)Alternate methods of appeal.(1)The appendix appeals perfected on the appendix method pursuant to22 NYCRR (d), the appellant or appellant-respondent shall file one complete record and, in lieu of 10copies of the record on appeal, 10 copies of the appendix-7-and shall serve one copy of the record on appeal and twocopies of the appendix on each party. In all other respects,the appellant or appellant-respondent shall comply with therequirements of 22 NYCRR (b). When arespondent s appendix, reply appendix or joint appendix issubmitted, 10 copies shall be filed with proof of service oftwo copies on each party.(2)Statement in lieu of a complete appeals perfected pursuant to CPLR 5527 and 22 NYCRR (c), the appellant or appellant-respondentshall file and serve, in lieu of the complete record andcopies thereof, the joint appendix and 10 copies thereof. In all other respects, the appellant or appellant-respondentshall comply with the requirements of 22 NYCRR (b).

9 (e)Responding and reply party submitting a respondent s brief, a respondent-appellant s brief, a reply brief or, when permitted, a surreplybrief, shall file 10 copies of the brief with proof of service of twocopies of the brief on each party. In an appeal in whichpermission to proceed as a poor person has been granted, onlyone copy of a brief need be served on each party. When anextension of time to file and serve a brief has been granted, acopy of the order granting such permission shall be filed withthe brief.(f)Supplemental briefs in criminal appellant in a criminal appeal who is represented byassigned counsel may file 10 copies of a pro se supplementalbrief, with proof of service of one copy on assigned counsel andthe People, no later than 45 days after the date on whichassigned counsel mails to the appellant the brief prepared, filedand served by assigned counsel.

10 When a pro se supplementalbrief is filed and served, the People may file and serve 10copies of a responding brief, with proof of service of one copyon the appellant and assigned counsel, no later than 45 daysafter the appellant has served the pro se supplemental brief.(g)Service of papers in criminal appeals by the an appeal taken by the People, the People shall serve thedefendant in any manner authorized by CPLR 2103.(h) Companion filings on interactive compact disk, read-onlymemory (CD-ROM).(1) Companion filings on CD-ROM.(i) The submission of records, appendices and briefs oninteractive compact disk, read-only memory (CD-ROM) as companions to the required number ofprinted records, appendices or briefs in accordancewith 22 NYCRR is allowed and encouragedprovided that all parties have stipulated to the filing ofthe companion CD-ROM.(ii) The Court may, by order on motion by any party orsua sponte, require the filing of a companion (2) [REPEALED](3) companion CD-ROM record, appendix or brief shall beidentical in content and format (including page numbering)to the printed record, appendix or brief, except that eachmay also provide electronic links (hyperlinks) to thecomplete text of any authorities cited therein and to anyother document or other material constituting a part of therecord.