N.Y. Comp. Codes R. & Regs. tit. 12 § 460.7

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

Section 460.7 - Record on appeal to the court

The record on appeal shall consist of:

(a) the transcripts of all hearings held in connection with the case;

(b) documents and exhibits properly accepted into the record pursuant to section 461.4, 463.2 or 463.3 of this Title; and

(c) the appropriate documents which establish or indicate jurisdiction in the matter.

In the event of a dispute as to the contents of a record on appeal to the Appellate Division of the Supreme Court, Third Department, any party may cause the matter to be set down for a board hearing by the service of a notice of settlement of the record upon the other party or parties. The board hearing shall be held not less than four days after service of such notice. Such hearing should be scheduled before the board member who signed the board's decision, and oral argument may be allowed in the discretion of the board member. The successful party to an appeal to the court shall transmit the remittitur to the board for action. The board may conduct such further proceedings, within the authority of the remittitur, as is deemed appropriate and shall enter and file an order on each remittitur.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 460.7