N.Y. Comp. Codes R. & Regs. tit. 22 § 670.19

Current through Register Vol. 46, No. 17, April 24, 2024

Section 670.19 - Action on submitted facts

(a) An action submitted to this court pursuant to CPLR 3222 shall be prosecuted on a printed submission which shall be bound separately from the brief and shall contain in the following order:

(1) a cover complying with section 670.10 -b(b)(1) of this Part;

(2) the statement required by CPLR 5531;

(3) the case required by CPLR 3222(a), duly executed and acknowledged by all the parties in the form required to entitle a deed to be recorded, containing:

(i) the agreed statement of facts upon which the controversy depends;

(ii) a statement that the controversy is real and is made in good faith for the purpose of determining the rights of the parties;

(iii) a provision designating the particular county clerk of one of the counties within the Second Judicial Department with whom the papers are to be filed; and

(iv) a provision in conformity with CPLR 3222(b)(3) stipulating that the action be heard and determined by this court; and

(4) proof of filing of the papers comprising the submission with the designated county clerk.

(b) Where applicable, every such action shall be governed by this Part as if it were an appeal. The submission and briefs of the respective parties shall be served and filed in accordance with section 670.8 of this Part and the form of the briefs shall be governed by section 670.10 -c of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 670.19