N.Y. Comp. Codes R. & Regs. tit. 22 § 500.27

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

Section 500.27 - Discretionary proceedings to review certified questions from Federal courts and other courts of last resort

(a) Whenever it appears to the Supreme Court of the United States, any United States Court of Appeals, or a court of last resort of any other state that determinative questions of New York law are involved in a case pending before that court for which no controlling precedent of the Court of Appeals exists, the court may certify the dispositive questions of law to the Court of Appeals.

(b) The certifying court shall prepare a certificate which shall contain the caption of the case, a statement of facts setting forth the nature of the case and the circumstances out of which the questions of New York law arise, and the questions of New York law, not controlled by precedent, that may be determinative, together with a statement as to why the issue should be addressed in the Court of Appeals at this time.

(c) The certificate, certified by the clerk of the certifying court under its official seal, together with the original or a copy of all relevant portions of the record and other papers before the certifying court, as it may direct, shall be filed with the clerk of the court.

(d) The court, on its own motion, shall examine the merits presented by the certified question, to determine, first, whether to accept the certification and, second, the review procedure to be followed in determining the merits.

(e) If the certification is accepted, the clerk of the court shall request any additional papers the court requires for its review. The clerk of the court shall notify the parties of the time periods for filing of printed briefs and briefs in digital format, if any, and calendaring of argument, if any, directed by the court.

(f) If the constitutionality of an act of the Legislature of this State is involved in a certification to which the State of New York or one of its agencies is not a party, the clerk of the court shall notify the Attorney General in accordance with the provisions of Executive Law, section 71.

(g) When a determination is rendered by the court with respect to the questions certified, it shall be sent by the clerk of the court to the certifying court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.27