N.Y. Comp. Codes R. & Regs. tit. 22 § 731.12

Current through Register Vol. 46, No. 25, June 18, 2024

Section 731.12 - Motions to reargue, resettle or amend; motions for leave to appeal to the Appellate Division

(a) Motions to reargue an appeal, to resettle an order or to amend a decision shall be made within 30 days after the appeal shall have been decided, except that for good cause shown, the court may consider any such motion when made at a later date.

(b) In an appeal in a civil action or proceeding, a motion for leave to appeal to the Appellate Division made to this court from an adverse determination of the Appellate Term shall be made in the manner and within the time prescribed by CPLR 5513(b) and 5516.

(c) The papers in support of such motions shall concisely state the points claimed to have been overlooked or misapprehended by the court, with appropriate references to the particular portions of the record or briefs and with citation of the authorities relied upon.

(d) A motion for leave to appeal to the Appellate Division in a civil action or proceeding from an order granting or affirming the granting of a new trial or hearing shall contain a stipulation that if the order appealed from be affirmed, judgment absolute may be entered against the moving party.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 731.12