N.Y. Comp. Codes R. & Regs. tit. 22 § 500.10

Current through Register Vol. 46, No. 18, May 1, 2024

Section 500.10 - Examination of subject matter jurisdiction

(a) On its own motion, the Court may examine its subject matter jurisdiction over an appeal based on the papers submitted in accordance with section 500.9 of this Part. The Clerk of the Court shall notify all parties by letter (Jurisdictional Inquiry) when an appeal has been selected for examination pursuant to this section, stating the jurisdictional concerns identified in reviewing the preliminary appeal statement and setting a due date for filing and service of comments in letter form (Jurisdictional Response) from all parties. Such examination shall result in dismissal or transfer of the appeal by the Court or in notification to the parties that the appeal shall proceed either under the review process described in section 500.11 of this Part or in the normal course, with or without oral argument. This examination of jurisdiction shall not preclude the Court from addressing any jurisdictional concerns at any time.

(b) 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, each party shall submit in digital format its Jurisdictional Response. Appellant shall also submit in digital format one copy of the record below, or appendix if the appendix method was used in the court below, and one copy of the briefs or papers filed below by each of the parties. The Jurisdictional Response in digital format shall be identical to the filed original Jurisdictional Response, except it 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. The Jurisdictional Response in digital format shall be received by the Clerk's Office no later than the due date for the printed filings.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.10

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