N.Y. Comp. Codes R. & Regs. tit. 22 § 500.26

Current through Register Vol. 46, No. 50, December 11, 2024

Section 500.26 - Primary election session procedures

(a) Appeals as of right or by permission of the Appellate Division.

(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 respondent 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 a motion for leave to appeal and a preliminary appeal statement with proof of service on each other party;

(ii) 10 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 nine 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 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.

(b) Motions for permission to appeal.

(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 one copy of a letter requesting permission to appeal with proof of service of one copy on each other party;

(ii) one copy of the Appellate Division decision and order;

(iii) one copy of the Supreme Court decision and order;

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

(v) the fee, if any, required by subsection 500.3(b) of this Part.

(4) Within the time directed by the Clerk of the Court, respondent may submit an original and one copy of a letter in opposition with proof of service of one copy on each other party.

(5) Companion submission in digital format. Unless a request to be relieved of the digital filing requirement is submitted pursuant to subsection 500.2(e) of this Part, within the time directed by the Clerk of the Court, movant shall file in digital format a copy of the letter requesting permission to appeal, the Appellate Division decision and order, the Supreme Court decision and order, one copy of movant's Appellate Division brief and, where applicable, the record or appendix; respondent shall file in digital format a copy of respondent's Appellate Division brief and any letter in opposition. These filings in digital format shall be identical to the filed original papers, except the digital filings need not contain an original signature. All material submitted under this section shall comply with the technical specifications and instructions for submission available from the Clerk's Office.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.26

Amended New York State Register May 27, 2020/Volume XLII, Issue 21, eff. 5/27/2020