N.Y. Comp. Codes R. & Regs. tit. 6 § 647.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 647.5 - Briefs

(a) After service of a copy on respondent, the original and five copies of appellant's brief in support of the exceptions specified in the notice of appeal shall be filed with the board's docket clerk within 15 days of the date specified by the board's docket clerk as the date the record was received. The appellant's brief shall be confined to a consideration of the exceptions previously filed in the notice of appeal. The appellant's brief, which shall not exceed 15 typed pages (or 10 printed pages), shall contain under appropriate headings and in the order here indicated:

(1) short statement of the issues presented for review;

(2) statement summarizing the facts in the record;

(3) argument, including contentions as to the issues, reasons therefor, with citations to authorities, statutes, ordinances, regulations, and parts of the record relied upon;

(4) a short conclusion stating the precise relief sought; and

(5) as an appendix, a copy of the specific statutes or ordinances relied upon, and full copies of the principal case or cases relied upon. The appendix must not contain unrelated matter and its length is separate from and in addition to the page references stated in this subdivision.

(b) Within 15 days of the service and filing of appellant's brief, the respondent commissioner, agency or APA may serve and file the respondent's answering brief.

(c) After service on appellant of a copy of the answering brief of the respondent commissioner, agency or APA, the original and five copies shall be filed with the board's docket clerk. The respondent's brief shall not exceed 15 typed pages (or 10 printed pages). The respondent's brief shall include the same content and order as required for the appellant's brief.

(d) No further briefs from appellant or respondent may be filed without permission of the board. Appellant may serve and file a two-page letter of reply to respondent's brief with the board's docket clerk within five days of receipt of respondent's brief. No further briefs or written argument may be filed except with permission of the board or its chairman.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 647.5