N.Y. Comp. Codes R. & Regs. tit. 22 § 640.6

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

Section 640.6 - Time within which to perfect appeal; calendar of pending appeals; dismissals

(a) Appeals from the Civil Court.

(1) Appellant shall procure the clerk's return pursuant to section 1704 of the New York City Civil Court Act to be filed within 30 days after the filing of the notice of appeal.

(2) Fifteen days before the first day of each term, the clerk of the Appellate Term shall cause a calendar to be published in the New York Law Journal of all appeals in which the clerk's return has been filed since the last publication of such a calendar. The appeals shall be listed in the order that the returns are received and the date each return was filed shall be stated. The publication of the calendar shall serve as notice to the parties of the filing of the return.

(3) Within 60 days after the filing of the return either party may notice the appeal for argument:

(i) If noticed by appellant, the appellant shall file a notice of argument at least 53 days before the first day of the term for which the appeal shall have been noticed, together with the following: proof of service thereof; five copies of the record or appendix with proof of service of one copy, if the appeal is to be heard on copies of the record or appendix; five copies of appellant's brief with proof of service of one copy; and such exhibits or copies thereof as are not included in the record or return, unless such exhibits are in the possession of the respondent. At least 31 days before the beginning of the term, respondent shall file five copies of the answering brief with proof of service of one copy and such exhibits or copies thereof not required to be filed by appellant. Five copies of a reply brief with proof of service of one copy may be filed at least 24 days before the first day of the term for which the appeal shall have been noticed.

(ii) The respondent may notice the appeal for argument by serving and filing a notice of argument at least 68 days before the first day of the term for which respondent shall notice the appeal with proof of service. At least 53 days before the first day of the term, unless the court otherwise directs, appellant shall file five copies of appellant's brief with proof of service of one copy of the brief. Where appellant so files, respondent may serve and file an answering brief at least 31 days before the first day of the term. If appellant fails to serve and file the brief and fails to appear on the call of the calendar, the court may affirm the judgment or order appealed from or, in its discretion, dismiss the appeal with costs upon the call of the calendar. Five copies of a reply brief with proof of service of one copy may be filed 24 days before the first day of such term.

(iii) If neither party notices the appeal for argument within the time prescribed by this section, the appeal shall be dismissed unless for good cause shown an enlargement of time is granted by the court.

(b) Appeals from the Criminal Court.

(1) Appellant shall procure the original papers or abbreviated record to be filed within 30 days after service of the notice of appeal, and appellant shall then notice the appeal for argument or submission, within 120 days from the date of service of the notice of appeal, by filing the notice of argument and briefs, with proof of service of one copy of each paper filed at least 53 days before the first day of the appointed term; proof of service of one copy of a transcript of the minutes of the proceedings shall be filed with the notice of argument, such copy to be returned to the appellant upon the argument or submission of the appeal. Unless otherwise ordered, five copies of the respondent's brief with proof of service of one copy shall be filed not later than 31 days prior to the first day of the term and five copies of a reply brief with proof of service of one copy may be filed not later than 24 days prior to the first day of the appointed term. An appellant who is incarcerated under the judgment appealed from may bring the appeal on for argument or submission on 10 days' notice, after the record is filed, by filing a notice of argument and five copies of the appellant's brief, with due proof of service of one copy, in which event five copies of the respondent's brief with proof of service of one copy shall be filed not later than seven days after the service of appellant's brief, and five copies of a reply brief with proof of service of one copy may be filed not later than two days after the service of respondent's brief.

(2) If appellant fails to notice the appeal within the time specified in the foregoing paragraph, the appeal will be dismissed on motion of the respondent unless an enlargement of time is granted by the court for good cause shown.

(3) Fifteen days before the first day of each term, the clerk shall cause a calendar to be published in the New York Law Journal of all cases in which a copy of the notice of appeal has been filed with him in accordance with the provisions of section 460.10 of the Criminal Procedure Law. If an appeal is not noticed for argument within 120 days from the date of service of the notice of appeal and no enlargement of time is obtained, such appeal may be dismissed by the court.

(4) The clerk shall prepare a special day calendar for each appointed term of the appeals subject to dismissal for failure on the part of the appellant to comply with this section. Each such special day calendar shall be published in the New York Law Journal at least five days prior to, as well as on the day when that calendar is to be called, and the clerk shall cause a postal card notice to be mailed to the appellant at his last known address and to his attorney five days prior to the first day of such publication.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 640.6