N.Y. Comp. Codes R. & Regs. tit. 22 § 670.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 670.6 - Motions-reargue; resettle; amend; leave to appeal; admission pro hac vice

(a) Motions to reargue, resettle or amend. Motions to reargue a cause or motion, or to resettle or amend a decision and order, shall be made within 30 days after service of a copy of the decision and order determining the cause or motion, with notice of its entry, except that for good cause shown, the court may consider any such motion when made at a later date. The papers in support of every such motion shall concisely state the points claimed to have been overlooked or misapprehended by the court, with appropriate references to the particular portions of the record or briefs and with citation of the authorities relied upon. A copy of the order shall be attached.

(b) Motions for leave to appeal to Appellate Division.

(1) Motions for leave to appeal to the Appellate Division pursuant to CPLR 5701(c) and Family Court Act, § 1112 shall be addressed to the court and shall contain a copy of the order or judgment and the decision of the lower court.

(2) Motions for leave to appeal from an order of the Appellate Term shall contain a copy of the opinions, decisions, judgments and orders of the lower courts, including: a copy of the Appellate Term order denying leave to appeal; a copy of the record in the Appellate Term if such record shall have been printed or otherwise reproduced; and a concise statement of the grounds of alleged error. If the application is to review an Appellate Term order which either granted a new trial or affirmed the trial court's order granting a new trial, the papers must also contain the applicant's stipulation consenting to the entry of judgment absolute against him or her in the event that this court should affirm the order appealed from.

(c) Motions for leave to appeal to the Court of Appeals shall set forth the questions of law to be reviewed by the Court of Appeals and, where appropriate, the proposed questions of law decisive of the correctness of this court's determination or of any separable portion within it. A copy of this court's order shall be attached.

(d) Motions for leave to appeal to the Court of Appeals pursuant to C PL 460.20 shall be made to any justice who was a member of the panel which decided the matter. A copy of this court's order shall be attached.

(e) Motions for admission pro hac vice. An attorney and counselor-at-law or the equivalent may move for permission to appear pro hac vice with respect to a cause pending before this court pursuant to section 520.11(a)(1) of this Title. An affidavit in support of the motion shall state that the attorney and counselor-at-law is a member in good standing in all the jurisdictions in which he or she is admitted to practice and is associated with a member in good standing of the New York Bar, which member shall appear with him or her on the appeal or proceeding and shall be the person upon whom all papers in connection with the cause shall be served. Attached to the affidavit shall be a certificate of good standing from the bar of the state in which the attorney and counselor-at-law maintains his or her principal office for the practice of law.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 670.6