N.Y. Comp. Codes R. & Regs. tit. 16 § 4.7

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

Section 4.7 - Interlocutory review

(a) Interlocutory review of a ruling by a presiding officer will be available and may be sought only in extraordinary circumstances or in case a request for permission to intervene has been denied. Normally, the prospect of parties incurring additional workload in consequence of a ruling will not in itself constitute extraordinary circumstances.

(b) Any request for interlocutory review must be filed within 15 days of the issuance of the ruling to which it pertains.

(c) In addition to complying with the requirements applicable to motions generally (see section 3.6 of this Title), a motion for interlocutory review shall:

(1) identify specifically the ruling to be reviewed, and, if the ruling was issued from the bench, set forth as an appendix the pertinent pages of the transcript; and

(2) identify the extraordinary circumstances alleged to warrant interlocutory review.

(d) A party need not file an interlocutory appeal to preserve its right to object to a ruling in its briefs.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 4.7