N.Y. Comp. Codes R. & Regs. tit. 22 § 731.5

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

Section 731.5 - Preferences; consolidation

(a) Preferences.

(1) Any party to an appeal entitled by law to a preference in the hearing of the appeal may serve and file a demand for preference which shall set forth the provision of law relied upon for such preference and good cause for such preference. If the demand is sustained by the court, the appeal shall be preferred.

(2) A preference under CPLR 5521 may be obtained upon good cause shown by a motion directed to the court on notice to the other parties to the appeal.

(b) Consolidation.

(1) A party may consolidate appeals from civil orders and/or judgments arising out of the same action or proceeding provided that each appeal is perfected timely pursuant to section 731.8 of this Part.

(2) Appeals from orders or judgments in separate actions or proceedings cannot be consolidated but may, upon written request of a party, be scheduled by the court to be heard together on the same day.

Any party to an appeal, for good cause shown, may move for a preference upon notice to all other parties to the appeal.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 731.5