N.Y. Comp. Codes R. & Regs. tit. 22 § 500.9

Current through Register Vol. 46, No. 16, April 17, 2024

Section 500.9 - Preliminary appeal statement

(a) Within 10 days after an appeal is taken by (1) serving a notice of appeal on the adverse party and filing that notice of appeal in the place and manner required by CPLR 5515, (2) entry of an order granting a motion for leave to appeal in a civil case, or (3) issuance of a certificate granting leave to appeal in a criminal case, appellant shall file with the clerk of the court an original and one copy of a preliminary appeal statement on the form prescribed by the court, with the required attachments and proof of service of one copy on each other party. No fee is required at the time of filing the preliminary appeal statement.

(b) Where a party asserts that a statute is unconstitutional, appellant shall give written notice to the Attorney General before filing the preliminary appeal statement, and a copy of the notification shall be attached to the preliminary appeal statement. The notification and a copy of the preliminary appeal statement shall be sent to the Solicitor General, Department of Law, The Capitol, Albany, NY 12224.

(c) After review of the preliminary appeal statement, the clerk of the court will notify the parties either that review pursuant to section 500.10 or 500.11 of this Part shall commence or that the appeal shall proceed in the normal course.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.9